NTIA gave Wyoming approval to collect more than $347 million in broadband equity, access and deployment funds Thursday. The agency approved volume 2 of the state’s initial proposal, granting it access to Federal Internet for All funds. NTIA has approved BEAD initial plans for 30 states plus three territories and the District of Columbia. Twenty states and two territories have volume 2 initial proposals pending approval. NTIA expects it will review most of these by September (see 2408010053).
New York state will halt enforcing its affordable broadband law while the U.S. Supreme Court considers a petition from ISP groups for a writ of certiorari, the industry groups wrote to the court Thursday. CTIA, NTCA, USTelecom, ACA Connects, the Satellite Broadcasting and Communications Association and the New York State Telecommunications Association said they plan to file that petition Monday in case 24A138. Last week, the ISP groups filed an application for emergency stay of the state law at SCOTUS. In Thursday’s letter, the groups said they no longer need a ruling on that application by Aug. 15, but they can’t withdraw the request entirely because New York Attorney General Letitia James (D) hasn’t agreed to stay enforcement if the court grants cert, “absent a ruling from the Court compelling it not to enforce that law.” ISPs waited for the 6th U.S. Circuit Court of Appeals to stay the FCC’s order reclassifying broadband as Title II before appealing the 2nd Circuit’s ruling that upheld New York’s law based on a Title I regime (see 2408010065 and 2406170042). The 2nd Circuit ruled in April that federal law doesn’t preempt the 2021 New York law requiring $15 monthly plans with 25 Mbps download and 3 Mbps upload speeds for qualifying low-income households (see 2404260051). In the Aug. 2 application for stay, the ISP groups said their forthcoming cert petition “will seek review of a divided panel decision that presents fundamental questions about whether the Communications Act of 1934 preempts States from regulating rates for broadband internet access service and other interstate information services.”
States may not be able to use money from NTIA’s broadband equity, access and deployment (BEAD) program to fund areas where an entity has defaulted on rural digital opportunities fund (RDOF) commitments, three state broadband directors said during a panel Wednesday at Mountain Connect in Denver. Should a company default on RDOF after NTIA has approved a jurisdiction’s dataset of available locations resulting from that state's or territory’s challenge process, “our hands are … tied” and BEAD can't fund that area, Sarah Baska, Georgia broadband director, said. “If we have remaining funds after we go through all the awards, we were told we cannot use those funds to … go back and rebid those areas.” Remaining money can be used only for nondeployment expenses, Baska added. Virginia interprets NTIA’s policy the same way, according to Chandler Vaughan, associate director of that state’s broadband office. “If we certify our challenge results with NTIA on Sept. 1 and there is an RDOF default on Sept. 2, we cannot get to that location under the BEAD program. No exceptions.” Arkansas State Broadband Office Director Glen Howie said NTIA should be aware of this concern. “Once our map is locked, our map is locked” and the state can’t do anything about defaults that occur afterward, he said. “It’s critically important that the federal government” understands that if there are defaults on any broadband program, “they have to be on the hook to find a new awardee,” said Howie. “That’s the only way that this thing will work.” At Mountain Connect this week, state broadband directors reported progress meeting BEAD requirements as they prepare to distribute $42.5 billion across the U.S. next year (see 2408070029 and 2408060048).
Maryland digital ad tax litigation moved back to the 4th U.S. Circuit Court of Appeals. In a Tuesday order, the 4th Circuit required an opening brief by Sept. 15 from appellants U.S. Chamber of Commerce, NetChoice and the Computer & Communications Industry Association. Maryland should respond by Oct. 15, the court said. The industry groups are appealing a July decision of the U.S. District Court for Maryland, which issued its final judgment Thursday. The case went back and forth between the two courts previously, with the district court last month dismissing the remaining count of plaintiffs’ complaint (see 2407050012).
The Connecticut Public Utilities Regulatory Authority approved a Verizon Wireless proposal to install small-cell wireless facilities on a utility pole within the public right-of-way. A final decision was posted Wednesday. The pole is located in New Canaan. Verizon’s Cellco “is undertaking the project to provide customers and emergency service providers with enhanced and more reliable wireless, voice and data services, in the vicinity of the Facilities,” the regulator said: “The Authority finds that the Facilities are in the public interest because they increase the capacity of the existing telecommunications system and do not represent a threat to public health and safety.”
NTIA gave Wisconsin approval to collect more than $1 billion in broadband equity, access and deployment (BEAD) funds Tuesday. The federal agency approved volume 2 of the state’s initial proposal, granting it access to Federal Internet for All funds. NTIA has approved BEAD initial plans for 29 states, plus three territories and the District of Columbia. Twenty-three states and territories have submitted volume 2 initial proposals and the NTIA expects to review most of them by next month (see 2408010053).
The California Public Utilities Commission on Wednesday handed down a $200,000 fine against T-Mobile’s MetroPCS for universal service violations. Administrative Law Judge Robert Mason in June recommended the amount, which translates to $100,000 per violation (see 2406250054). The CPUC’s enforcement division had sought a $10 million fine, finding that the carrier insufficiently responded to a Sept. 27, 2021, data request (see 2209230032). The proceeding is now closed, the order said.
AT&T filed a motion July 31 to discontinue service in Alaskan communities, the Regulatory Commission of Alaska said in a public notice Monday. The application indicates the proposed discontinuance would affect 500 residential and 1,400 business customers and cover 42 townships on Alaska's west coast. AT&T filed a motion for expedited consideration, seeking approval by Nov. 30. Comments are due Sept. 4.
Charter Communications and Hawaiian Telcom joined a $4 billion settlement with Hawaii to resolve lawsuits related to last year’s Maui wildfires, Gov. Josh Green (D) said Friday. Under proposed terms of the agreement, which “remains subject to final documentation and court approval,” the telecom companies and five other defendants will compensate about 2,200 parties who filed lawsuits, the governor’s office said. The agreement is the result of four months of mediation. Green said his goal “was to expedite the agreement and to avoid protracted and painful lawsuits so as many resources as possible would go to those affected by the wildfires as quickly as possible.” Charter declined to comment Monday. Hawaiian Telcom didn’t comment.
NTIA gave Arizona approval to collect $993 million in broadband equity, access and deployment (BEAD) funds Monday. The federal agency approved volume 2 of the state’s initial proposal. NTIA has approved entire initial plans for 28 states plus three territories and the District of Columbia. The agency approved five plans last week and expects to review most by next month (see 2408010053).