The FCC will coordinate with the California Privacy Protection Agency (CPPA) on privacy efforts, the federal agency said Tuesday. The FCC’s privacy and data protection task force signed a memorandum of understanding with the CPPA, which is charged with rulemaking and enforcement related to California privacy laws, including the California Consumer Privacy Act. Under the pact, the two agencies will “share close and common legal interests in working cooperatively to investigate and, where appropriate, prosecute or otherwise take enforcement action in relation to privacy, data protection, or cybersecurity issues.” FCC Chairwoman Jessica Rosenworcel said, “Coordinated state and federal partnerships like this are essential to our privacy work.” CPPA Executive Director Ashkan Soltani said the partnership will “help increase trust and security in the digital marketplace.” CPPA Enforcement Head Michael Macko added, “collaboration is key to vigorous enforcement.” Also Tuesday, the CPPA released an agenda for its Nov. 8 board meeting. The agency may vote to advance draft rules, including on automated decision-making technology, risk assessments, and cybersecurity audits, to a formal rulemaking, it said. The board also has plans for considering possible changes to data broker registration requirements.
State broadband regulators and industry officials highlighted efforts at addressing pole attachment processes to facilitate broadband deployment Tuesday. During an FCBA webinar (see 2312130044), some mentioned increased coordination among utilities, attachers and other stakeholders to streamline the process and enable faster deployment. Several highlighted workforce issues as a barrier.
Communications Daily is tracking the lawsuits below involving appeals of FCC actions.
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.
The FCC's over-the-air reception devices (OTARDs) rule clearly requires a regular human presence at an antenna's location, and the agency had plenty of evidence that Indian Peak Properties failed to argue its antenna fell within the rule's scope, the commission told the U.S. Court of Appeals for the District of Columbia Friday. Indian Peak is appealing an FCC order denying Indian Peak's petitions for declaratory ruling seeking a federal preemption under the OTARDs rule of a decision by Rancho Palos Verdes, California, to revoke, under local ordinances, the company’s conditional use permit for the deployment of rooftop antennas on a local property (see 2405060035). In a docket 24-1108 respondent brief, the FCC said Friday that using the service provided by the antenna requires a human presence. It "does not mean it can put an antenna on an empty building and claim the Rule’s protection from valid zoning laws," the FCC said. The commission said that while Indian Peak argues the FCC should have put the company's petitions on public notice, initiating a proceeding, not doing so didn't deprive Indian Peak of the antennas' use, as it was the city, using California courts and their due process, that resulted in Indian Peak removing its antennas.
Verizon formally asked the California Public Utilities Commission to approve its $20 billion acquisition of Frontier Communications. California and many other states will review the deal, which was announced last month (see 2409050010). The companies also filed an application at the FCC last week (see 2410160049). “Verizon possesses the financial standing and expertise necessary to optimize Frontier’s networks,” the companies said in their Friday application at the CPUC. “By leveraging its significant financial strength, capital resources, and unparalleled technology, tools, and training, Verizon will build on Frontier’s post-bankruptcy efforts since April 2021 to deliver better service, increase value, and offer more choice to current Frontier customers.” The transaction’s benefits “will be achieved with no offsetting public interest harm, as Verizon and Frontier do not materially compete and have no plans to do so,” they added.
California, Colorado, Nevada, Virginia and Washington collected and distributed more than $110 million in 988 fees in 2023 for 988 Lifeline purposes, according to the FCC's latest annual 988 fee accountability report to Congress. The reports are required under the National Suicide Hotline Designation Act. Published in Friday's Daily Digest, the report said collection and distribution of 988 fees will be more prevalent in coming years. Delaware, Minnesota and Oregon reported establishing a funding mechanism but did not collect or impose 988 fees, while Maryland and Vermont recently passed legislation establishing fee-based funding mechanisms to support 988.
The U.S. Supreme Court’s decision to grant certiorari earlier this month in a case from the 9th U.S. Circuit Court of Appeals, McLaughlin Chiropractic Associates v. McKesson, could have implications beyond the FCC’s legal interpretation of the Telephone Consumer Protection Act, legal experts told us. SCOTUS began its current term Oct. 7.
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).
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.