Adopt NTIA’s petition for rulemaking on Communications Decency Act Section 230, Republican state attorneys general commented to the FCC posted Thursday in RM-11862 (see 2009020064). Tech, telecom and consumer groups again largely said the FCC shouldn't consider the petition, saying the FCC and NTIA are exceeding their jurisdiction and expertise. The AG group was formed by Texas’ Ken Paxton, Indiana’s Curtis Hill, Louisiana’s Jeff Landy and Missouri’s Eric Schmitt. The petition clarifies 230's scope and empowers states without undermining protections for moderation of “traditionally regulated content,” they wrote: It promotes freedom of speech by “ensuring competition through transparency.”
A big Democratic win in November could lead to a reversal on last year’s cable local franchise authority order, but don’t assume the next FCC or Congress will act, local government officials said Wednesday at a NATOA virtual conference. Localities challenging the order in the 6th U.S. Circuit Court of Appeals say a decision is possible next year (see 2009010053). The pandemic could affect the issue’s politics, said panelists and other attendees.
California broadband legislation appeared stuck hours before Monday’s legislative deadline. Assembly Speaker Anthony Rendon (D) won’t allow a vote despite agreement between the Senate and Gov. Gavin Newsom (D), said supporters of SB-1130 by Sen. Lena Gonzalez (D). “We are still trying to get something done on broadband before midnight,” George Soares, aide to Gonzalez, emailed us Monday. Failure would mean the internet speed standard under the California Advanced Services Fund (CASF) stays 6/1 Mbps, and the dwindling fund won’t get more cash.
A trio of House Communications Subcommittee Democratic members from California -- Vice Chair Doris Matsui, Anna Eshoo and Jerry McNerney -- is seeking an FCC briefing “as soon as possible” on the communications-related impacts of recent wildfires and rolling blackouts in that state. The wireless industry amid the wildfires has been seeking a rehearing on a California Public Utilities Commission order requiring 72-hour backup power in certain high-threat fire areas (see 2008200038). The communications impacts of the wildfires and blackouts are especially concerning because “these events are taking place during the COVID-19 pandemic,” the three said in a letter to FCC Chairman Ajit Pai. “Communications outages mean that people are unable to call 9-1-1, let their loved ones know that they are safe, or receive lifesaving alerts, which may include information about alternative wildfire evacuation routes or other information specific to evacuations during the pandemic.” The lawmakers “strongly urge and expect your agency, which is charged with overseeing our nation’s communications networks to promote public safety, to be taking all possible steps to monitor the situation and help ensure that Californians stay connected during this time.” They want the FCC briefing to include information on wildfire and blackout-related outages in California reported to the agency since Aug. 14 and commission actions to monitor the situation and work with the state government and telecom providers. The Democrats also want to know about situations in which wireless emergency alerts were used to issue warnings and provide information on wildfires and the extent to which the FCC is working with the Federal Emergency Management Agency and others to ensure the WEA system is used “appropriately to protect the public” during the wildfires. The FCC didn’t comment.
Some lawmakers and advocates believe Capitol Hill’s inability to agree on an additional COVID-19 aid bill that includes broadband funding presents an opening for the issue to become a focus during the presidential and congressional campaigns this fall, they told us. Congress provided some related funding in March via the Coronavirus Aid, Relief and Economic Security Act (see 2003250046).
The New York Public Service Commission will hold Altice to a “higher standard” on disaster resiliency, after problems in the cable company’s response to Tropical Storm Isaias, Chairman John Rhodes said Thursday at a Senate-Assembly joint hearing on utility and communications failures. In California, where wildfires are blazing, the wireless industry sought rehearing Wednesday of a California Public Utilities Commission order requiring 72-hour backup power in certain high-threat fire areas (see 2007160065).
California Gov. Gavin Newsom (D) and state legislators expect to talk broadband, after the governor set a goal of 100 Mbps download speeds through executive order Friday, said the governor’s office and an aide to Sen. Lena Gonzalez (D) this week. Legislators are weighing two bills to raise the state standard from 6 Mbps download and 1 Mbps upload for the California Advanced Services Fund. The executive order put legislative negotiations in flux, said Electronic Frontier Foundation Senior Legislative Counsel Ernesto Falcon.
A key federal appeals court vacated some FCC conditions on Charter Communications' buys of Time Warner Cable and Bright House Networks. Then-FCC Commissioner and now-Chairman Ajit Pai and Commissioner Mike O’Rielly originally voted against the deal curbs. Appellants are several consumers and the Competitive Enterprise Institute.
Frontier Communications will spend at least $25 million in each of the next three years in Ohio under a settlement agreement approved Wednesday by the Public Utilities Commission of Ohio. If Frontier doesn’t meet certain quarterly metrics for two consecutive quarters, it agreed to commit an extra $150,000 each year. The carrier agreed to give bill credits to customers when service isn’t restored within 72 hours, review its outage restoration process and make plans to reduce 911 outages and educate consumers. Frontier worked with PUCO staff and the Ohio Consumers’ Counsel “to reach an agreement that resolves the proceeding and will provide network and service quality improvements to our telephone customers in Ohio,” said Frontier Senior Vice President-Federal Government Affairs Ken Mason.
The FCC lacks authority to act on NTIA’s petition for a rulemaking on Section 230 of the Communications Decency Act (see 2008030025), Vimeo said in comments to the agency in RM-11862. The FCC received 177 comments by Wednesday afternoon, almost all from individuals. The Computer & Communications Industry Association, NetChoice and Engine told us they plan to comment in opposition to NTIA’s petition.