Adam Bender

The Connecticut Public Utilities Regulatory Authority in an order Wednesday denied a Communications Workers of America petition challenging two pole-attachment orders from 2022. CWA claimed in an April 29 petition that PURA decisions from 2022 on one-touch, make ready and a single visit transfer (SVT) process for double poles, plus a policy working group’s actions, “improperly mandated that Frontier and other Connecticut telecommunications companies ‘use third-party non-union contractors for bargaining unit work, without notice to or negotiation with CWA Local 1298.’” However, CWA’s petition isn’t “the proper vehicle for challenging an administrative decision,” said PURA. “Given that declaratory rulings may not be used to obtain indirectly that which is not available directly, the Authority declines to issue a declaratory ruling as to the validity of the OTMR and SVT Decisions. Even if the decisions could be appealed, added PURA, CWA failed to meet the statutory deadline to challenge them. In addition, CWA failed to show that the policy working group’s actions “constitute unlawful interference by the Authority with CWA’s contract with Frontier,” the authority said. “Contrary to CWA’s assertions, contractors were not forced upon attachers.” PURA Chair Marissa Gillett and Commissioners Jack Betkoski and David Arconti signed the order (case 24-05-11). CWA may have "no choice but to sue PURA," emailed Camilo Duran, a Yale Law School student interning with the Worker and Immigrant Rights Advocacy Clinic. The clinic represents CWA Local 1298. Mandating third-party contractors "interferes with CWA's hard-fought collective bargaining agreement with Frontier, and is a threat to high-paying, stable union jobs in Connecticut," said Duran: Claiming that the requirement "is immune from review is an affront to democratic accountability and essential workers across the state."

District of Columbia emergency officials opposed a D.C. Council bill aimed at increasing transparency at the Office of Unified Communications 911 center. During a livestreamed Judiciary and Public Safety Committee hearing Wednesday, OUC Director Heather McGaffin raised privacy concerns about the bill, noting calls from people in sensitive situations might be made public. However, Dave Statter, a former journalist who regularly blogs about OUC errors, said privacy concerns are overblown and more transparency could help. But he said the bill doesn't go far enough.

The California Public Utilities Commission is mulling ways it can support broadband adoption in the wake of the federal affordable connectivity (ACP) program ending, Communications Division Director Rob Osborn said during the California Broadband Council’s meeting Tuesday. The state is making significant progress advancing its broadband-for-all goals, reported Scott Adams, deputy director of the California Department of Technology (CDT) broadband and digital literacy office.

Some candidates for state utility commissions promised to take on broadband and other telecom matters if they win election this year. Eight states will elect utility regulators this year: Alabama, Arizona, Louisiana, Montana, Nebraska, North Dakota, Oklahoma and South Dakota. In addition, a New Mexico ballot question will ask voters to authorize millions of dollars for upgrading public safety communications. Meanwhile, Oregon voters will consider a universal basic income that would require Comcast and other big companies to foot the bill.

Texas expects to soon get NTIA approval of its initial plan for the broadband equity, access and deployment (BEAD) program, but first it must submit another revision of volume 2, said Texas Broadband Development Office (BDO) Director Greg Conte. NTIA approved plans for Alabama and Florida on Thursday, leaving Texas as the lone state or territory without NTIA approval to access its funding. Administrator Alan Davidson said on a Politico podcast Thursday he’s optimistic NTIA will be able to approve Texas’ plan “in the coming weeks.” He also chalked up Republicans’ recent criticisms of BEAD as a symptom of election-year politics.

The California Public Utilities Commission cleared about $41 million in last-mile broadband grants during its livestreamed meeting Thursday. Commissioners voted 5-0 for two draft resolutions comprising the seventh round of awards from the CPUC’s federal funding account. Under one resolution (T-17852), the state will award $18 million to seven projects expected to bring broadband to 2,763 unserved locations in San Luis Obispo County. The awardees were Astound ($6.8 million), Surfnet ($6.4 million) and the city of San Luis Obispo ($4.9 million). Under the second resolution (T-17850), the CPUC will award $23 million total to Comcast ($17 million) and AT&T ($6 million) for projects in Madera and Napa counties, respectively. The CPUC expects the companies to connect 2,843 unserved locations with the funding. CPUC President Alice Reynolds applauded her agency for quickly distributing federal broadband funds. “We're making multi-generational internet infrastructure investments in these communities.” The CPUC delayed votes on proposals regulating VoIP and allowing people without social security numbers to apply for state LifeLine support (see 2410150033). The telecom industry has condemned the VoIP plan and sought more review (see 2410160044 and 2410110040).

Connecticut utility regulators voted 3-0 to deny Verizon deregulation. At a meeting Wednesday, the Public Utilities Regulatory Authority approved an order rejecting Verizon’s petition reclassifying its remaining Connecticut services as competitive and retiring the company’s alternative form of regulation plan (see 2410110020 and 2410030043). PURA found that possible harm to the public interest outweighed the presence of competition in Verizon’s Greenwich market. The carrier’s offer of an enforceable commitment to abide by current Connecticut customer termination procedures and certain state reporting requirements failed to alleviate all the authority's concerns, said the final decision. “Such a proposal requires additional consideration during the course of a proceeding, where the Authority can solicit feedback from other stakeholders." In any case, “such a proposal does not address the Authority’s conclusions regarding the number, size, and geographic distribution of certified telecommunications providers offering service in the Service Area nor the inconclusive nature of what barriers to entry do or do not exist in the Service Area,” PURA said. Verizon didn’t comment. Of the authority's four commissioners, Vice Chairman Jack Betkoski didn’t vote because he wasn’t on the three-person panel assigned to docket 24-06-15, a PURA spokesperson said.

Although the regulatory status of broadband is “in flux,” the U.S. Supreme Court shouldn’t further delay New York state’s enforcement of a 2021 affordable broadband law, the state’s Attorney General Letitia James (D) said Tuesday. James submitted briefs in case 24-161 opposing ISP groups’ petition for a writ of certiorari and application seeking a stay of the New York Affordable Broadband Act (ABA). “The equities and the public interest weigh heavily in favor of allowing the ABA -- duly enacted consumer-protection legislation that aids the State’s most vulnerable residents -- to take effect without further delay,” wrote James.

Maine should harmonize its Chapter 880 pole-attachment rules with recent FCC rules changes, Comcast and Charter Communications commented last week at the Maine Public Utilities Commission. However, the cable companies disagreed with various Maine Connectivity Authority (MCA) recommendations contained in a recent report. Versant Power, an electric utility that owns poles, said Maine needn’t make more regulatory or legislative changes.

With the California Public Utilities Commission planning a vote within days about regulating VoIP, AT&T and the cable industry urged that commissioners at least delay -- if not outright reject -- the controversial item. Industry groups representing voice technologies stressed in comments last week in docket R.22-08-008 that the CPUC lacks legal authority to regulate VoIP.