Charter Communications urged a federal court to allow its IP transition case against the Minnesota Public Utilities Commission to proceed. The company supported an April 21 magistrate judge report recommending that the U.S. District Court in Minnesota deny the PUC’s motion to dismiss Charter’s complaint challenging state authority over interconnected VoIP services. The PUC objected to that recommendation on May 5 (see 1605060027). Charter’s complaint alleged the PUC overstepped its authority by imposing state regulations for traditional phone services on VoIP services. The case began in March 2013, when Charter transferred overnight 100,000 Minnesota customers to an affiliate that provided VoIP phone service that wasn't certified by the PUC. The agency has argued that interconnected VoIP is a telecom service subject to state regulation, but Charter and intervenor the VON Coalition have said it’s an information service and subject only to FCC regulation. “It is well-established that federal law preempts state public utility regulation of services classified as ‘information services’ under the Communications Act,” Charter said Thursday in a formal response (in Pacer) to the PUC’s objections. The FCC hasn't resolved the classification of interconnected VoIP, it said. The court’s decision on the motion won't be a ruling whether states can regulate interconnected VoIP, but will commence the trial phase of the case.

New York state officials pressed the FCC to keep Connect America Fund auction support in New York and other states where price-cap ILECs declined commission offers of Phase II broadband-oriented support. Reallocating the declined support to other states "would not ensure the deployment of broadband services in those New York communities the FCC previously had identified as unserved or underserved by broadband," said representatives of Empire State Development and New York Gov. Andrew Cuomo, in a filing in docket 10-90 about a call with an aide to FCC Commissioner Jessica Rosenworcel before lobbying restrictions took effect a week ahead of Wednesday's planned CAF II auction vote. In other recent auction filings: the Massachusetts Broadband Institute asked the FCC to consider favoring bids that leverage other state investments and build off of successful projects under the federal Broadband Technology Opportunities Program (BTOP); Commissioner Karen Charles Peterson of the Massachusetts Department of Telecommunications and Cable also urged the FCC to give special consideration to eligible recipients of BTOP funding and other state-funded broadband projects; and ViaSat opposed "self-serving" proposals from electric utility interests under which the FCC would "abandon the use of market-based mechanisms that would efficiently allocate limited [CAF] support to the most cost-effective service providers in favor of a complex 'points' scheme that would favor comparably inefficient fiber-based providers, delay the initial selection of winning bidders and invite numerous post-selection challenges, dramatically increase funding requirements, and consequently give rise to a 'funding gap' that would leave hundreds of thousands of households without access to critical broadband services."

North Carolina’s new law on transgender use of public restrooms “has positioned the state as a leader against LGBT rights,” CTA wrote Gov. Pat McCrory (R), urging him to “revisit” the recently passed legislation. The Wednesday letter was co-signed by 13 other trade groups, including CompTIA, the National Association of Manufacturers and the tech group Tech Titans. The groups’ member companies “thrive by attracting the best and brightest employees,” the letter said. “The potential talent pool of employees not only includes LGBT employees, but a younger generation of Americans who believe all Americans should be allowed to marry, adopt and use bathrooms corresponding to their gender identity. With the obvious anti-equality tone and impact of this law, millions of existing and potential employees are less likely to want to live or work in North Carolina. Thus, while this law stands, our members are less likely to want to invest or locate in North Carolina.” The governor’s office didn’t comment. Various tech and telecom interests have been opposing legislation like North Carolina's (see 1604140016).

The 5th U.S. Court of Appeals withdrew its original April 8 opinion (see 1604110058) vacating a 2015 lower court injunction that barred state Attorney General Jim Hood from enforcing his subpoena looking at Google's search practices. The 5th Circuit replaced it Wednesday with a revised opinion that also vacates the injunction. The 5th Circuit also denied Google's petition for a rehearing on the injunction. Google petitioned for a rehearing last month after Hood withdrew his subpoena (see 1604280046). Hood opposed Google's petition, saying Google was seeking declaratory relief that would have “virtually the same effect” as the injunction issued by District Judge Henry Wingate (see 1605090051). “We cannot say at this early stage of a state investigation that any suit that could follow would necessarily violate the Constitution,” the 5th Circuit said in its revised opinion. “As underscored by Hood’s apparent need to gather considerable information before he can determine whether an enforcement action is warranted, the prospect of one is not sufficiently imminent or defined to justify an injunction.” The court said it has “no opinion on the reasonableness of the subpoena or on whether the conduct discussed in the parties’ briefs could be held actionable consistent with federal law.” The 5th Circuit's revised opinion is "substantially the same" as its previous ruling, Hood said Thursday in a statement. "At that time, [the 5th Circuit] lifted the injunction against the state and rejected Google’s misguided attempts to use the federal courts to derail an investigation into potential violations of Mississippi state law. We look forward to presenting our case for dismissal of Google’s remaining claim in district court, and we will continue working to protect Mississippi children and families."

Reverse a decision to give Verizon more time in the New York Public Service Commission probe of the telco’s copper service quality, the Communications Workers of America said. The secretary for the New York PSC last week granted Verizon’s request to extend its deadline for filing testimony until 45 days after the end of the current East Coast strike (see 1605120048). But in an appeal to the full PSC Wednesday, CWA sought a reversal of that decision, saying the PSC unfairly gave CWA too little time to respond to Verizon's request. “The Secretary has indefinitely mothballed a proceeding essential to the [public] interest, on scant evidence, no inquiry, without affording parties an opportunity to oppose, with no examination of reasonable alternatives that would keep the process going, and with unseemly haste.” Verizon had said it needed the extension because it redeployed the employees who would prepare testimony to filling in for union workers in the East Coast strike. But CWA said Verizon must support its claim. “The Ruling is unsupported by evidence of actual hardship and inability to comply with the original deadlines in the Order,” it said. “Mere assertions by Verizon are legally insufficient to justify an indefinite suspension of the proceedings.” Earlier this week, CWA opposed an extension requested by Verizon in a similar probe in Pennsylvania (see 1605170020).

It could be another month before a final regulatory decision on the Altice buy of Cablevision. The companies and the New York Public Service Commission agreed to extend the deadline for the PSC’s final order until June 16, Altice counsel Allen Zoracki wrote in a letter Wednesday. The deadline was May 20. “Joint Petitioners would appreciate the Commission’s consideration of acting as soon as practicable in advance of the Commission’s next regularly scheduled session,” Zoracki said. It’s the second straight month that the NYPSC review has been delayed (see 1604050059). The New York City Franchise and Concession Review Committee conditionally OK’d the deal last week (see 1605110055). The FCC OK'd Altice/Cablevision without conditions other than for national security (see 1605040010). “Altice remains actively engaged in the regulatory process, which is well underway in all regions, and the transaction is expected to close on track in the second quarter of this year," an Altice spokeswoman said.

Californians about to lose copper phone connections with no alternative would have two months to protest, under an amended IP transition bill authorizing telcos to end the legacy service in 2020. The bill’s sponsor, Assemblyman Evan Low (D), submitted a revised AB-2395 Monday. The amended bill increases to 60 days -- from 30 in the original bill -- the number of days a customer has, upon learning that legacy service will be discontinued, to ask the California Public Utilities Commission to review the availability of an alternative service. As before, if the CPUC finds there's no alternative, it could order the telco ending service to continue providing voice service to the customer for 12 months after withdrawal. If after 12 months, there's still no alternative service available, the bill would now require -- rather than merely authorize -- the CPUC to order telcos to continue providing voice service to affected customers until an alternative service is available. The amended bill also specifies in more detail what information a telco must provide in notices to customers that they plan to end legacy service. AB-2395 is pending before the California State Assembly Appropriations Committee. The amendments don’t make the bill much better for consumers, said Regina Costa, telecommunications policy director for The Utility Reform Network in California. “AT&T is using all of the lobbyists that money can buy to try to sell a skimpy, ill-conceived bill intended to side-step the FCC's careful IP Transition process and to prevent the state regulator from doing its job,” she emailed. “The amendments do nothing to fix the fundamental problems with the bill. The clear intent of the bill is to destroy universal telephone service. Millions of Californians will be irreparably harmed if this bill passes.” The bill's supporters say the legislation will speed California toward an all-digital future (see 1604120036).

Pennsylvania shouldn't delay its Verizon copper probe, the Communications Workers of America said in a letter Monday to the Pennsylvania Public Utility Commission. But the state's Office of Consumer Advocate said it took no position on Verizon’s request to pause the proceeding until after resolution of the East Coast strike (see 1605090045). Verizon asked May 6 to delay current dates for the prehearing memorandum deadline (May 20) and the prehearing conference itself (May 26) until 30 days and 45 days after union workers return to work. “CWA initiated this proceeding more than seven months ago, raising serious matters that affect public and employee safety,” the union said. “It is long past time for Verizon to be required to respond to CWA's discovery requests and for this matter to move forward through the filing of testimony, hearings, and decision.” The New York Public Service Commission granted a similar Verizon request for delay of the PSC’s own copper probe (see 1605120048). Verizon, CWA and the International Brotherhood of Electrical Workers negotiators met for the second time Tuesday in a sesion convened by the Department of Labor (see 1605160002).

Community broadband supporters rejoiced after the Missouri General Assembly stripped municipal broadband restrictions from an unrelated traffic citations bill before passing SB-765 late last week. A House amendment to SB-765, removed in a conference between the House and Senate before final passage, would have prohibited local governments from providing a communications service that competes with one or more service providers in the jurisdiction. CenturyLink and AT&T had supported the plan, but it was opposed by a coalition of community broadband supporters including Google, NATOA, Netflix and the Telecommunications Industry Association. “This was one of the toughest state battles that we’ve fought in years,” said Jim Baller, attorney for the joint opposition. “It took months of constant vigilance, quick and effective reactions to ever-changing language, and hard daily work with key members of the legislature. The most important part was getting across the message that this is not a matter of the public sector competing with the private sector, but of communities retaining the ability to work with willing incumbents, create public-private partnerships, develop their own networks, or do whatever else they believe necessary to acquire affordable access to the advanced broadband networks on which their futures will depend.” State Rep. Lyndall Fraker, who proposed the muni broadband limits in his bill HB-2078, has no “future plans for this bill at this time,” the Republican told us in a Facebook message. “We will just keep monitoring the audits from the state auditors office concerning the cross [subsidization] of municipal utilities.”

Mozilla announced $150,000 in grants for education tech projects in Austin, Texas, that take advantage of the city’s Google Fiber network. In August, Austin will join other cities with gigabit connectivity set to receive cash from the Mozilla Gigabit Community Fund, a joint initiative with the National Science Foundation and US Ignite, Mozilla said Tuesday on its blog. Mozilla also will establish Gigabit Hive Austin, a web literacy network of individuals, schools, nonprofits, museums and other local organizations, it said. “Selected from a list of contenders from across the country, Austin stood out due to its existing city-wide digital inclusion plan, active developer community, and growing informal education landscape,” Mozilla Executive Director Mark Surman said. “When you couple lightning-fast Internet with innovative projects in the realms of education and workforce development, amazing things can happen.” In other Mozilla Gigabit cities -- Chattanooga, Tennessee, and Kansas City, Missouri -- projects include real-time water monitoring systems and 3D learning tools for classrooms, Mozilla said. Applications for grants open in August and will be accepted through Oct. 18. Mozilla plans to expand to two more cities over the next two years, it said.