FCC Commissioner Brendan Carr on Thursday slammed the agency's draft order that would restore net neutrality regulations (see 2404040064). In a new statement, Carr said reclassifying broadband as a Communications Act Title II telecom service is "a solution that doesn't work to a problem that doesn't exist." He also pushed back on claims that Title II reclassification is necessary for public safety. The 2018 Mendocino Complex Fire in Santa Clara County, California, which Chairwoman Jessica Rosenworcel has cited as justification for net neutrality, "has nothing to do with the FCC's Title II net neutrality rules," Carr said, noting the fire department "purchased a data-limited plan that cost less than an unlimited data plan" and experienced a speed reduction "as outlined in its plan" when the department reached its plan limit (see 2404080068). The federal government "already has ample authority to advance its law enforcement goals without Title II" and the FCC has "identified no gap in national security that Title II is necessary to fill," Carr said.

Some Democrats warned they might join Republicans opposing a California digital equity bill when it reaches the Assembly floor. At a livestreamed hearing Wednesday, the Assembly Communications Committee voted 7-3, with one member not voting, to advance AB-2239 to the Judiciary Committee. The bill would codify in state law the FCC’s definition of digital discrimination (see 2402080068).

The FCC should make inventory spectrum available for free to “non-dominant” carriers to promote competition, EchoStar, the parent of Dish Wireless, told the FCC (see 2404090045). “Non-incumbent carriers (more specifically, every carrier other than AT&T, T-Mobile and Verizon) should have a ‘right of first refusal’ to all Inventory Spectrum,” EchoStar said. The company also urged the FCC to address the lower 12 GHz band, as advocated by the 12 GHz for 5G Coalition (see 2312270045): “Substantial evidence in the record shows that fixed 5G services can provide broadband to tens of millions of Americans, while fully protecting existing non-geostationary orbit Fixed-Satellite Service and Direct Broadcast Satellite customers.” In another filing this week in docket 24-72, electric utilities said the approaches the FCC is examining don’t provide the certainty they need. “Currently, utilities have very few options for accessing spectrum -- particularly spectrum with the certainty provided by licensed exclusive-use -- and those limited options are increasingly insufficient in bandwidth,” they said. “The ability to access Inventory Spectrum presents one potential solution to the problem of spectrum availability.” The filing was signed by the Edison Electric Institute, the Utilities Technology Council, the Utility Broadband Alliance, FirstEnergy, Southern California Edison and the Southern Co. The Blooston Group of small and rural carriers said the best approach would be site-based licensing, which “would provide a simpler and lower cost way to promote access to spectrum in rural areas, and by entrepreneurs and smaller operators.” Third-party coordinators and licensee-to-licensee coordination “could be relied upon to minimize harmful interference between operators,” Blooston said. NCTA said the Lower 3, 7, Lower 37 and 12.7 GHz bands would be “perfectly situated -- both spectrally and technologically” for licensed-shared and unlicensed spectrum access frameworks. “A coexistence-based approach in each band would allow for efficient and cost-effective spectrum use by a diverse set of users, offer the fastest method of putting this spectrum in the hands of businesses and consumers, and enable federal and non-federal incumbents to continue providing critical services without disruption,” NCTA said.

Some Minnesota lawmakers want to craft a net neutrality law even as the FCC prepares to vote on restoring federal open-internet rules. At a Tuesday meeting, the legislature’s Senate Commerce Committee laid over a bill (SF-3711) banning state contracts with companies that violate open-internet rules. While the action indefinitely postponed further Senate action on the measure, the proposal remains part of a pending House Commerce Committee omnibus (HF-4077). Also at the Senate Commerce hearing, members postponed action on a social media bill and advanced legislation meant to stop copper theft.

FCC Chairwoman Jessica Rosenworcel emphasized restoration of net neutrality rules to ensure public safety, during a Monday visit to the Santa Clara County, California, Fire Department. The fire department accused Verizon of throttling its service during the Mendocino Complex Fire (see 1808220059). "When firefighters are going into dangerous environments, they want to know that they have an internet that they can count on," Rosenworcel said. Although states like California have "stepped in and built their own net neutrality laws" since the commission's previous rules were repealed, it's "time that we have a national policy of internet openness," Rosenworcel said: "I think in the aftermath of the pandemic, making sure that there's a watchdog for the broadband connections we all count on, is the right thing to do."

The FCC’s net neutrality draft order got state support from California Attorney General Rob Bonta (D) and the National Association of State Utility Consumer Advocates (NASUCA). Bonta's office said in a statement Friday that it supports “strong federal net neutrality rules that establish a floor of protection across the country.” The AG “especially applauds the draft order for acknowledging the important role states like California play in protecting net neutrality, and for declining to block enforcement of California’s own net neutrality law,” his office said. NASUCA praised the FCC draft for treating broadband as an essential service and leaving room for states. “The FCC correctly recognizes that there is a dual role for the federal government and states in addressing broadband and other essential services," and that classifying broadband internet access service "as Title II will enhance its ability to address public safety,” said Regina Costa, the group's telecom chair, in a Monday statement. NASUCA is glad the FCC declined to preempt California’s law or “all state authority over broadband,” she said. NARUC praised the draft last week (see 2404050068).

California next month could approve challenge process rules for NTIA’s broadband, equity, access and deployment (BEAD) program. The California Public Utilities Commission said it may vote at its May 9 meeting on a proposed decision, released Friday in docket R.23-02-016, to revise and adopt volume one of the state’s initial proposal for BEAD. The CPUC proposed opening its challenge process “no later than 60 calendar days” after issuing a final decision and “no sooner” than seven days after publishing eligible locations, the draft said. A 30-day challenge process would be followed by a 14-day evidentiary review period. After that, the CPUC would notify ISPs about challenges and give them 30 days to rebut. Then CPUC staff would get 30 days to make a final determination to the commission. Staff would publish final eligible locations not later than 60 days after the NTIA approves those final determinations. The agency attached a cured version of volume one. Comments on the proposed decision are due April 25. Meanwhile, Washington state's BEAD challenge process is delayed due to a glitch with the challenge portal, the state's Commerce Department said Monday. It was scheduled to open Monday. "Part of the registration process requires the challenge portal to send a confirmation email to someone registering to participate," the department said. "Due to a technical problem with the system, some individuals had trouble receiving these messages." The department said it will announce a new opening date when it resolves the problem.

Maryland legislators received strong responses after sending privacy and online safety bills to Gov. Wes Moore (D) for final approval. Consumer Reports (CR) applauded the General Assembly for the comprehensive privacy bill (SB-541/HB-567) that it said exceeded other states’ laws in certain ways. On the other hand, tech industry group NetChoice bemoaned a growing patchwork of state laws, 16 and counting.

Bills on privacy, kids’ online safety and an AI-based 311 phone service neared the Maryland governor’s desk last week. On Thursday, the House voted 103-33 for a comprehensive privacy bill (SB-541). Meanwhile, the Senate is nearing a vote on the cross-filed House version (HB-567). Maryland’s privacy proposal earlier received generally positive reviews from consumer privacy groups (see 2402140053). Also Thursday, the House voted 136-0 for SB-571, a kids’ safety bill modeled after the California Age-Appropriate Design Code Act. The Senate passed the similar House version (HB-603) Wednesday (see 2404040030). In addition, the House supported similar bills to direct the Department of Information Technology to evaluate the feasibility of an AI-based, statewide 311 system and possibly launch a pilot. The House voted 126-9 to approve the Senate-passed SB-1068. And it voted 132-5 for HB-1141 after amending it to match the Senate bill. A House committee heard testimony on SB-1068 last week (see 2403270041). Gov. Wes Moore (D) would need to sign the bills if they pass the Maryland General Assembly.

Industry and consumer advocates urged the FCC on Friday to include changes in its draft order reestablishing net neutrality rules. Commissioners will consider the item during the agency's April 25 meeting (see 2404040064). Some said the draft order didn't adequately address forbearance for ISPs. The draft’s state preemption provisions received praise -- and concern -- from current and former regulators.