Google Fiber’s acquisition of Webpass could put the internet company in a conflict with AT&T in California. Google Fiber agreed to acquire Webpass, a California CLEC specializing in point-to-point wireless broadband, Webpass said Wednesday. Webpass has an ongoing complaint against AT&T in the California Public Utilities Commission. The CLEC filed May 25 an application for arbitration after AT&T refused to give permission to run fiber through AT&T conduits and insert splice cases and coil loops in AT&T manholes. AT&T replied June 3 with a motion to dismiss, saying the parties’ interconnection agreement doesn't allow the kind of dispute resolution sought by Webpass. In the short term, the acquisition may not affect the CPUC proceeding, because the agency must approve the deal first and that could take time, Tellus Venture President Steve Blum emailed Thursday. Tellus consults with cities on community broadband. There could be a long-term impact from the deal “because Google has been relatively aggressive in pursuing these issues here in California, and particularly at the CPUC,” he said. “They've been trying to gain access to poles and conduits as a non-CLEC -- as a video company, under California law -- but acquiring a CLEC gives them a whole new range of options in terms of getting what they want from telcos (AT&T, mostly), cable and the electric utilities.” In California, Webpass has customers in San Francisco, Oakland, Emeryville, Berkeley and San Diego. Other markets include Boston, Chicago and Miami, Miami Beach, and Coral Gables in Florida. “Joining Google Fiber will be a great development for our users because the companies share the same vision of the future and commitment to the customer,” said Webpass President Charles Barr in the company’s blog post announcing the deal. “Google Fiber’s resources will enable Webpass to grow faster and reach many more customers than we could as a standalone company.” Webpass expects the deal to close this summer, subject to customary closing conditions and regulatory approvals, he said. Webpass didn’t disclose terms or comment on how the deal affects its complaint against AT&T. Google confirmed the deal on Twitter but didn’t comment further Thursday.

The Pennsylvania Public Utility Commission plans a hearing July 27 on Verizon’s buy of XO Communications, the PUC said in an order Wednesday. It confirmed agreements from a prehearing conference June 16. The hearing starts at 10 a.m. in Harrisburg. The PUC set an Aug. 12 filing deadline for main briefs in the matter and Aug. 24 for reply briefs. It granted petitions to intervene by Core Communications and the Office of Small Business Advocate. The commission said it encourages settlements: “The parties are strongly urged to seriously explore this possibility.” Verizon and XO had asked the PUC to skip the hearing and OK the deal Sept. 1 (see 1606160042).

The Electronic Frontier Foundation rejoiced Thursday as a computer-crimes bill stalled in the Rhode Island state legislature. H-7406 would have prohibited unauthorized access to someone else’s computer, computer system or network with intent to view, save or copy confidential information. But EFF and other internet freedom advocates opposed the bill, which they said is too vague, unnecessarily duplicates the Computer Fraud and Abuse Act and could have penalized innocent activity by researchers and whistleblowers (see 1606100056). The House put the measure on the calendar for a floor vote this month but postponed consideration multiple times until the bill disappeared from the list altogether. “This is good news,” Senior Staff Attorney Adam Schwartz said on the EFF blog. “But the struggle continues against other vague and overbroad computer crime laws.”

It’s the end of the line for the wireless infrastructure siting bill by California Assemblyman Mike Gatto (D), his office told us. Local government officials had bristled at AB-2788, which would have reduced local siting review for small-cell wireless infrastructure to speed deployment of 5G services (see 1606210058). A Gatto spokesman said legislators ran out of time to get it through the legislature. The session ends Aug. 31, and the legislature has a July 1 deadline for working out final policy of bills, the spokesman said. AB-2788 was to receive its first hearing on Monday, which would have left only a week to work out final language, he said. The bill was still in flux, with Gatto listening to the local government concerns, he said. If the proposal is to live again next session, another legislator will have to raise it because this is Gatto’s last term. AB-2788 had a short life as a telecom bill; it was about oil and gas until June 13, when Gatto gutted the energy language and replaced it with the small-cells proposal (see 1606200043).

A California 5G bill to reduce local siting review for small-cell wireless infrastructure rankled speakers at an NATOA webinar Tuesday on wireless siting. The state legislator sponsoring AB-2788 has said the bill is meant to speed upgrade of wireless infrastructure to support consumer 5G services (see 1606200043). But Ken Fellman, an attorney for local governments, told the webinar that such a measure would take away a community’s authority to decide what infrastructure can be installed. NATOA members “better be prepared to advocate for local control at the state capital,” he said. “If your state legislature takes it away from you, all bets are off and the poles go up.” Local governments don’t seek to stop installation of wireless facilities, and do understand the need to promote broadband deployment, Fellman said. “This is about balancing the interests of community and siting facilities that work in a particular community. … We, the broader local government community, are trying to deal with this in an effective way that balances the aesthetic and public safety interests in our communities with the need to get more broadband deployed quicker.” The California Senate Energy, Utilities and Communications Committee plans to hear AB-2788 at a hearing Monday.

A California Senate committee gave the green light to a 911 bill aimed at improving call routing of wireless emergency calls. The Senate Energy, Utilities and Communications Committee voted 10-0 to pass AB-1564 at a hearing Tuesday. The bill, which already passed the Assembly, requires commercial mobile radio service providers to provide free access to local 911 service and route calls through the Department of the California Highway Patrol (CHP) unless an alternate route meets certain requirements. It would require state and local government agencies to determine the most efficient routing of wireless 911 calls, with a statewide review and routing decision-making process to be completed annually. The committee didn't vote on a constitutional amendment (ACA-11) to disband the California Public Utilities Commission, which had been on the hearing agenda (see 1606200043). A committee spokeswoman told us it will be heard at Monday’s hearing, along with a deregulatory bill (AB-2788) to reduce local siting review for small-cell wireless infrastructure.

EarthLink opposition to Verizon’s acquisition of XO Communications “will not be stricken from the record,” the New York Public Service Commission said in a notice Friday. Verizon had protested EarthLink waiting until reply comments (see 1606150014) to raise objections. The PSC said any party could file a “surreply” by June 24 to ensure “the fair, orderly and efficient conduct of the proceeding.”

Verizon and XO Communications urged quick approval by the Pennsylvania Public Utility Commission of the telecom companies' transaction. In a prehearing memo Wednesday, the companies said 12 of 16 other state commissions have approved the deal, and they expect the remaining four to complete their review quickly without hearings. “There is no reason for Pennsylvania to fall behind the other states in approving this transaction,” they said. The companies proposed a schedule under which the PUC wouldn't hold hearings, issue an initial decision Aug. 5 and vote at a Sept. 1 public meeting. The deal will expand and enhance Verizon’s fiber facilities, with benefits for the company’s wireless network, and current XO customers will gain access to Verizon products and services, the companies said. But in a separate memo, intervenor Core Communications said there should be a hearing to weigh possible anticompetitive effects vs. public benefits. Core itself didn’t take a position on that question. But another intervenor, the Pennsylvania Office of Small Business Advocate, said the deal raises “several” concerns, including possible ill effects to prices, that may require the PUC to either reject the deal or approve it with conditions. Verizon, Core and OSBA said they're open to settlement discussions. Earlier this week, Verizon defended its planned XO acquisition against EarthLink and Windstream at the New York Public Service Commission (see 1606150014). Verizon plans to respond to the Maryland PSC request by the deadline, a company spokesman said.

The Rhode Island House postponed a floor vote on a controversial computer-crimes bill to Thursday. It’s the second time the vote on H-7406 Substitute A has been delayed. It was scheduled for last Thursday, then moved to Tuesday. The bill would prohibit unauthorized access to someone else’s computer, computer system or network with intent to view, save or copy confidential information. But Internet freedom advocates including the Electronic Frontier Foundation, Center for Democracy and Technology and New America’s Open Technology Institute oppose the bill because they say it’s too vague, unnecessarily duplicates the Computer Fraud and Abuse Act and could penalize innocent activity by researchers and whistleblowers (see 1606100056). Thursday’s floor vote is scheduled for 4 p.m.

The Arizona Corporation Commission will consider adopting a code of ethics, the regulator said Tuesday. Commissioner Tom Forese asked for comments and announced a formal workshop at a date to be determined. About six months ago ex-ACC Chairwoman Susan Bitter Smith resigned after an investigation by Attorney General Mark Brnovich (see 1512180034). The Republican AG asked the state Supreme Court to remove her from the ACC position due to conflict of interest, alleging Bitter Smith is a registered lobbyist and executive for Southwest Cable Communications Association. “It is not uncommon for an elected body to have a code of ethics and it is long overdue that the commission should have one,” Forese said in a statement Tuesday. “The creation of a code of ethics will allow us to bring in the brightest legal minds and discuss the conduct of commissioners; whether it involves campaign finance concerns, commissioners registered as lobbyists, or the proper use of travel funds. It is time for commissioners to put our house in order.” ACC Chairman Doug Little said he supports Forese and “look[s] forward to working with him on this important issue.” The commission will consider an ethics code that goes beyond existing state laws on conflicts of interest, prohibitions on accepting gifts from lobbyists and other unethical practices, it said.