Federal law doesn't preempt New York state’s Affordable Broadband Act (ABA), the 2nd U.S. Circuit Court of Appeals decided Friday. In a 2-1 opinion, the court reversed the U.S. District Court for Eastern New York, which had barred the state from enforcing the 2021 Affordable Broadband Act (ABA). The ABA required $15 monthly plans providing 25 Mbps download and 3 Mbps upload speeds for qualifying low-income households.

The FCC’s net neutrality draft order got state support from California Attorney General Rob Bonta (D) and the National Association of State Utility Consumer Advocates (NASUCA). Bonta's office said in a statement Friday that it supports “strong federal net neutrality rules that establish a floor of protection across the country.” The AG “especially applauds the draft order for acknowledging the important role states like California play in protecting net neutrality, and for declining to block enforcement of California’s own net neutrality law,” his office said. NASUCA praised the FCC draft for treating broadband as an essential service and leaving room for states. “The FCC correctly recognizes that there is a dual role for the federal government and states in addressing broadband and other essential services," and that classifying broadband internet access service "as Title II will enhance its ability to address public safety,” said Regina Costa, the group's telecom chair, in a Monday statement. NASUCA is glad the FCC declined to preempt California’s law or “all state authority over broadband,” she said. NARUC praised the draft last week (see 2404050068).

Industry and consumer advocates urged the FCC on Friday to include changes in its draft order reestablishing net neutrality rules. Commissioners will consider the item during the agency's April 25 meeting (see 2404040064). Some said the draft order didn't adequately address forbearance for ISPs. The draft’s state preemption provisions received praise -- and concern -- from current and former regulators.

FCC commissioners will vote on restoring net neutrality rules during the agency's April 25 meeting, Chairwoman Jessica Rosenworcel announced Wednesday (see 2403290057). Commissioners will consider a declaratory ruling, order, report and order, and order on reconsideration. "A return to the FCC’s overwhelmingly popular and court-approved standard of net neutrality will allow the agency to serve once again as a strong consumer advocate of an open internet," Rosenworcel said. Also on April's agenda is a draft NPRM about georouting 988 calls (see 2404030051).

NARUC appoints Commissioner Maida Coleman, of the Missouri Public Service Commission, as new chair of its Select Committee on Regulatory and Industry Diversity, succeeding Virginia State Corp. Commission Judge Jehmal Hudson, who now chairs the NARUC Committee on Energy Resources and the Environment ... Nielsen taps Byju's Group’s Anil Goel, also former Amazon, as chief engineering officer ... Panasas, data solutions provider for high-performance computing and AI, hires Hewlett Packard Enterprise’s Paul Hiemstra as chief financial officer ... Futurum Group’s Cybersphere cybersecurity practice forms new chief information security officer advisory board, naming as inaugural members: Marene Allison, retired CISO, Johnson & Johnson; Gary Hayslip, CISO, SoftBank Investment Advisors and SoftBank Group; Stacy Mill, CEO, Pivot Tech Solutions; Jonathan Nguyen-Duy, field CISO, Intel; Holly Ridgeway, executive vice president-chief security officer, Citizens Bank; and Matthew Rosenquist, CISO, Mercury Risk ...

The NARUC board accepted a telecom resolution about keeping phone number exhaustion at bay during its Washington meeting Wednesday. NARUC will ask the FCC to update “guidance on how states should bring cases of telephone number resource mismanagement or suspected robocalling using rented telephone numbers” through audits under Section 52.15(k) of the Telecom Act, said the final resolution from Telecom Committee Chair Tim Schram. The resolution drew no opposition in the committee Monday (see 2402260071).

Sen. Joe Manchin told us Tuesday he supports Congress allocating funding for the FCC's affordable connectivity program (ACP). "The money's there," but congressional leaders must "get the bill on the floor," the West Virginia Democrat said after a speech at the NARUC meeting in Washington. Later, a NARUC panel said states should learn from Rural Digital Opportunity Fund (RDOF) problems when setting rules for internet service providers to participate in the broadband, equity, access and deployment (BEAD) program.

NARUC’s Telecom Committee approved a proposed resolution Monday aimed at forestalling U.S. phone number exhaustion. Also during state utility regulators’ meeting in Washington, telecom industry officials urged state commissioners to join them in calling on Congress to renew funding for the affordable connectivity program (ACP). Another panel flagged pole attachment issues remaining after a December FCC order (see 2312130044).

Mitigating practices that could speed the country toward phone number exhaustion is a priority item for state officials ahead of NARUC’s Feb. 25-28 meeting in Washington, commission officials told us. The state utility regulator association is planning a vote during the meeting on a proposed resolution from Telecom Committee Chair Tim Schram. It urges the FCC “to provide updated guidance on how states should bring forward cases of telephone number resource mismanagement or suspected robocalling using rented telephone numbers to the Commission using the audit process” from Section 52.15(k) of the Telecom Act.

More funding is "urgently needed" to maintain the FCC's affordable connectivity program, Chairwoman Jessica Rosenworcel told lawmakers in a letter Monday. Reps. Yvette Clarke, D-N.Y., and Brian Fitzpatrick, R-Pa., plan to introduce legislation Wednesday that would provide ACP with stopgap funding, though Congress’ appetite for providing the program more money remains in question given misgivings among top Republicans on the House and Senate Commerce committees (see 2312210074), communications policy-focused lobbyists told us.