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).
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.
The California Public Utilities Commission released NTIA curing instructions for volume one of California’s initial proposal for the broadband equity, access and deployment (BEAD) program. The CPUC gave parties until Thursday at 5 p.m. PST to comment on the Tuesday notice in docket R.23-02-016. The record for volume one will stand submitted at the same time and date, said Administrative Law Judge Thomas Glegola. “A proposed decision may be issued anytime thereafter.” The CPUC attached NTIA’s curing instructions from Feb. 6 and March 8, plus the CPUC Feb. 23 response and a Jan. 13 letter to the FCC about the state’s challenge to the national broadband map. In California’s cured volume one, the CPUC added information from the FCC’s Jan. 6 broadband report showing that “advertised or claimed DSL speeds rarely meet or exceed actual speeds delivered to customers,” the agency said. That and other “sources of objective data provide ample evidentiary basis to substantiate” a CPUC modification to NTIA’s model that presumes “locations for which providers have claimed to deliver speeds only slightly above the ‘unserved’ threshold, up to [30 Mbps download and 5 Mbps upload], are actually receiving speeds below the ‘unserved’ threshold of 25/3 Mbps,” the commission said. “This modification is consistent with the CPUC’s and NTIA’s longstanding efforts to phase out legacy copper network infrastructure, and it does not seek to modify in any way the unserved threshold established in the Infrastructure Investment and Jobs Act.”
State senators in California advanced a bill that could mean ISPs no longer must provide free internet to receive public housing broadband grants. The California Senate Communications Committee voted 15-0 to clear SB-1383 at a livestreamed hearing Tuesday. Backed by the cable industry, the bill would remove restrictions included in the California Advanced Services Fund (CASF) public housing account. If the bill is enacted, the grants could support projects with plans that charge as much as $30 monthly. Also, the bill would let more types of organizations apply for and expressly authorize the California Public Utilities Commission to award funds for range extenders and other network enhancers. The fund is currently underutilized, said bill sponsor and committee Chair Steven Bradford (D). “Multiple low-income housing providers” say that the account’s free internet condition “is a major deterrent” to applying for grants, he said. Requiring free broadband “is a major deterrent,” echoed Amanda Gualderama, California Broadband and Video Association director-legislative and regulatory advocacy. The CPUC last year denied the cable industry group’s petition to reconsider what counts as free broadband service as it doles out public housing grants (see 2309010006). Last month, the commission approved changes to the public housing account with a clarification that grant recipients should provide free service without government subsidies (see 2403080010).
The California Public Utilities Commission will audit carriers for compliance with the state’s April 2023 shift to connections-based contribution to universal service public purpose programs. In a Wednesday ruling, CPUC Administrative Law Judge Hazlyn Fortune directed the agency's utility audit branch to ensure carriers are reporting and remitting the surcharge in a reasonable manner and as directed in the CPUC's October 2022 decision (docket R.21-03-002). T-Mobile has resisted the contribution mechanism change in the courts (see 2310170042). In a separate ruling Wednesday, ALJ Robyn Purchia clarified that California LifeLine pilot programs using federal affordable connectivity program (ACP) funds will continue through at least May 31. "If the ACP receives additional federal funding, the pilot programs may continue up to June 8, 2025," said the ALJ: If the ACP doesn't receive more funding by April 30, providers must notify California LifeLine customers by May 1 "that their service may be discontinued or otherwise changed."
The California Public Utilities Commission scolded Verizon Wireless in an order Thursday for its handling of a case of alleged customer fraud. The CPUC granted relief to a family of complainants through a 4-0 vote on a consent agenda during a Thursday meeting. Verizon could face further sanctions, the agency said. “During the course of this proceeding, Verizon failed to disclose material information concerning the porting and reassignment of at least one of Complainants’ mobile phone numbers,” said the draft decision in docket C.23-12-005. “This proceeding will remain open in order to explore an Order to Show Cause against Verizon for this material omission.” The complainants alleged that, without notice, Verizon terminated service to and locked their five iPhones and associated phone numbers for reasons of fraud. The customers said that, as a result, they had to buy five phones and suffered irreparable injury to their businesses because they couldn’t port their locked numbers to another carrier. Verizon asked to dismiss for lack of jurisdiction because its agreement with customers requires arbitration. However, the CPUC said the arbitration clause doesn’t circumvent the commission’s authority. Also, the carrier argued that it may terminate customers’ phone services without notice under its agreement and in exigent circumstances. Verizon argued that it acted after determining that the customers committed fraud. The CPUC agreed that the carrier could terminate customers’ service, but was “not satisfied with the way Verizon's Fraud Department handled this case and the allegations against the Complainants.” Accordingly, the CPUC required that Verizon confidentially “submit a comprehensive report of the procedures and criteria used … to identify and accuse customers of fraud,” with “specific evidence that supported Verizon's claim that the Complainants in this case engaged in fraudulent activity.” Also, the CPUC said the customer agreement “does not authorize Verizon to lock a phone or lock a number associated with a mobile phone.” So, the agency required Verizon to unlock five iPhones and their associated numbers. In addition, the CPUC required the carrier to refund the customers the costs of three of the five locked phones, plus the five replacement phones they bought after their service was terminated. Verizon declined to comment.
The California Public Utilities Commission again delayed votes on an AT&T enforcement item and another proposal to make a foster youth program permanent. Both were scheduled for Thursday’s meeting, but staff postponed them until the April 18 meeting, said a CPUC hold list Tuesday. CPUC President Alice Reynolds previously asked to address the AT&T item at a Feb. 15 meeting (see 2402150067). It would deny the carrier’s corrective action plan explaining how it will correct failures and improve service after failing to meet the state’s out-of-service repair interval standard in 2021. In addition, the CPUC originally planned a Feb. 15 vote on the foster youth proposal but twice postponed it. Earlier this month, the agency received a dire warning from the foster youth pilot program’s administrator, iFoster (see 2403110042), which said the current draft would create a program “destined to fail.”
The California Public Utilities Commission scrapped its procedural schedule for AT&T’s petition seeking statewide relief from carrier of last resort (COLR) obligations. The commission will release a new schedule after April 30, which is the due date for possible replacement COLRs to notify the CPUC that they want to replace AT&T in particular areas, Administrative Law Judge Thomas Glegola ruled Tuesday in docket A.23-03-003. An evidentiary hearing was slated for April 23-25 under the previous, now-discarded schedule. AT&T urged the commission not to waste time seeking replacement COLRs last month (see 2402210038).
The California Public Utilities Commission received warnings Friday about how the CPUC plans to make a foster-youth pilot a permanent part of the California LifeLine program. IFoster, the pilot’s administrator, said the current draft is “unconscionable” and would create a program “destined to fail.” The CPUC "is about to take a successful Digital Equity program and destroy it while also making ineligible foster youth as they age out of foster care, the very time they need a communications device most to obtain housing, food, and apply for jobs,” the nonprofit iFoster commented in R.20-02-008. Moreover, it said the revised proposal “will result in 12,000 foster youth losing what has been to date a life-saving resource that they describe as a lifeline, a bright spot in their lives, and a necessity for their vital communications.” It's wrong for the CPUC to try to conform the program to the state's “ill-fitting regular LifeLine program,” which “routinely rejects foster youth.” Also, using the traditional LifeLine model would mean removing the mandate for providing a device for foster youth and "no requirements for high speed or unlimited data or hotspot capability,” said iFoster. Neither T-Mobile nor affiliate Assurance Wireless will participate in the proposed permanent program, T-Mobile commented. The revised proposal "still does not address how -- or whether -- current Pilot Program participants will receive service" after the pilot expires July 31, T-Mobile cautioned. Cox supported making the program a permanent part of California LifeLine. But the CPUC shouldn't assign the program its own minimum service standards or specific support amounts, the cable company said. The CPUC had planned to vote Feb. 15 on an earlier proposal but twice postponed the item. The commission now plans voting on the revised proposal at its March 21 meeting (see 2402290056 and 2403050016).
The California Public Utilities Commission voted 4-0 at its open meeting Thursday to adopt changes to the California Advanced Services Fund (CASF) broadband public housing account and tribal technical assistance program (docket R.20-08-021). CPUC Commissioner Matthew Baker, appointed Feb. 16, recused himself from the vote because he was previously director of the CPUC’s independent Public Advocates Office, which participated in the proceeding. The order, as revised March 4, includes clarifying that public housing broadband grant recipients should provide free service without government subsidies, among other things (see 2401290059). "To meet our goal to close the digital divide and provide equal opportunity to all Californians, we need to make sure that we can allocate funds in an efficient manner that can meet the needs of our diverse communities,” said Commissioner Darcie Houck, who was assigned to lead the docket. "This decision has been in the works for a long time and is a product of extensive engagement with a diverse group of stakeholders and community groups.” It’s important that public housing receives free broadband service, said President Alice Reynolds as she supported the order.