Florida should prepare to list “every decision by any court anywhere” saying that a private entity must comply “with the obligations the First Amendment places on a public actor,” said Judge Robert Hinkle at a teleconferenced scheduling hearing Thursday at U.S. District Court in Tallahassee (case 4:21-cv-00220). Florida is “on the side of free speech,” said Blaine Winship, representing Florida Attorney General Ashley Moody (R): Internet industry groups are “not.” Oral argument on the groups’ motion for preliminary injunction against Florida’s social media law (see 2106040045) will be videoconferenced June 28 at 1:30 p.m., ruled Hinkle despite defendants seeking more time. Hinkle plans to rule before the law takes effect July 1, he said. Florida must file a written response to plaintiffs’ motion by June 21, and industry groups may reply June 24, Hinkle said. While making their case for more time, Florida’s lawyers told the court the state promised not enforce the law before Aug. 1, or later go back and prosecute anything that happened in July. Hinkle asked why Florida needed more than a couple of weeks to put together a defense: “Didn't you put the facts together before you got to the statute?”
The Nebraska Public Service Commission opened docket C-5272 to implement a state law for broadband grants. The PSC will administer the $20 million program that Gov. Pete Ricketts (R) enacted May 26 (see 2105270010). The unanimously approved order seeks comment by June 29, with a July 13 hearing.
Better access to unlicensed spectrum in the 60 GHz band would “enable many fixed wireless providers to deliver" downloads from 100 Mbps to 1 Gbps-plus, a Wireless ISP Association representative told an aide to FCC Commissioner Nathan Simington. WISPA also urged county-sized licenses, in a filing posted Monday in docket 19-348.
Internet industry groups added a motion for preliminary injunction to their lawsuit challenging Florida’s social media law that makes it unlawful for sites to deplatform political candidates and requires sites be transparent about policing. NetChoice and the Computer and Communications Industry Association sued May 27 (see 2105270073). U.S. District Court in Tallahassee should stop the law before it takes effect July 1, the challengers said Thursday in docket 4:21-cv-00220-RH-MAF. “Expedited consideration is necessary because the Act would inflict immediate, irreparable harm upon Plaintiffs’ member companies.”
California lawmakers passed broadband bills Wednesday to fund and revamp the California Advanced Services Fund (CASF). Senators voted 31-5 for SB-4 by Sen. Lena Gonzalez (D). The Assembly voted 62-7 for AB-14 by member Cecilia Aguiar-Curry (D). Each bill advanced to its opposite chamber. Others that passed their originating chamber by wide margins this week included AB-32 on telehealth, AB-41 on agency coordination, AB-537 on wireless facility applications, AB-955 on highway permits, AB-1560 on distance learning and SB-546 to extend a California LifeLine pilot. The Assembly passed two social media regulation bills, voting 59-16 Tuesday for AB-35 about misinformation and 64-1 Wednesday for AB-587 on transparency.
Texas legislators passed state USF, commission revamp and multiple broadband bills before Democrats walked out in protest Sunday of an elections bill. Lawmakers didn’t vote before the session’s dramatic finish on a bill (SB-12) opposed by internet companies to regulate social media, though it could be revived in a special session the governor sought for the election bill. The House voted 129-18 Friday to concur with Senate changes to the USF bill (HB-2667), which was passed unanimously last week by the other chamber (see 2105250042). Both chambers cleared a conference report Sunday on a bill (SB-2154) to add two commissioners to the Public Utility Commission, which would make it a five-member body (see 2105240014). Lawmakers also sent Gov. Greg Abbott (R) bills on telehealth (HB-4), broadband expansion (HB-5), pole replacements (HB-1505), highway right of way (SB-507) and electric utility middle mile (HB-3853). HB-2667's expanding the Texas USF contribution base to include VoIP is “a great tool to help stabilize the TUSF,” emailed Texas Statewide Telephone Cooperative CEO Weldon Gray. “Throughout the legislative process … there was clear intent established that should the PUC wish to move away from a revenue assessment to a more modern connections based methodology, they do have that authority under law.” TSTCI awaits a court decision on its suit against the PUC for letting the fund dwindle (see 2103290060), Gray said. “While HB 2667 does help give additional tools to the PUC as they fund the TUSF, there has been no action by the PUC as of this date to address funding current obligations, or to address the shortfall which has existed since January.”
The California Public Utilities Commission shared proposed resolutions on California LifeLine and inmate calling services for its Thursday meeting. Commissioners plan to vote on a resolution to comply with a May 5 order (in Pacer) by U.S. District Court for Northern California (case 3:20-cv-08312-MMC) that granted the National Lifeline Association’s request to stop the agency from implementing a zero dollar co-pay for basic and standard LifeLine plans. The proposed resolution would rescind that: “Wireless providers may file a Tier 2 advice letter if they wish to charge a co-pay for these plans, subject to review for affordability and compliance with program rules.” The CPUC would comment at the FCC supporting the federal agency lowering “the extremely high cost of communications for inmates and their loved ones.” The FCC sought comment on permanent rate caps in a May 24 (see 2105240055). The CPUC is weighing lowering intrastate ICS rates (see 2105030059). Also Friday, the commission sought comment by July 2, replies July 19 in its broadband-for-all rulemaking (docket R.20-09-001) on three digital redlining studies by the Greenlining Institute; University of Southern California; and Communications Workers of America and National Digital Inclusion Alliance.
Telecom providers asked the FCC to reject Nextlink's long-form application for the Rural Digital Opportunity Fund Phase I auction. Nextlink “is not qualified, and therefore ineligible, to receive RDOF support” because it “has a history of violating FCC rules” and has already defaulted on its New Mexico RDOF census block groups, said Central Texas Telecom, Coleman, Neit Services, Taylor Telecom and Totelcom Friday in docket 19-126. The providers also asked the commission to grant access to Nextlink's long-form application information. Nextlink didn't comment.
A Vermont Public Utility Commission investigation on regulating VoIP ended, the PUC said Thursday. The order closing case 18-0443-INV follows the commission granting Comcast's motion in April to reconsider its 2018 ruling that interconnected VoIP is a telecom service under federal law (see 2104070050).
Nebraska Gov. Pete Ricketts (R) signed a broadband bill providing $20 million in yearly matching grants, his office said Wednesday. The proposal (LB-388) was one of many broadband bills weighed by the state legislature this year (see 2102090038).