The California Public Utilities Commission won’t shorten time to respond to consumer advocates’ petition to modify state LifeLine rules in light of the federal affordable connectivity program (ACP) ending. Comments will be due May 23, CPUC Administrative Law Judge Robyn Purchia ruled Tuesday. The California Broadband & Video Association (CalBroadband) had opposed fast comments on multiple petitions by The Utility Reform Network and the CPUC’s independent Public Advocates Office (see 2404240063, 2404230020 and 2404150062). “We are persuaded by the due process concerns raised by CalBroadband,” said Purchia said in docket R.20-02-008.
California aims to quickly expand broadband access using a large influx of state and federal funding, California Public Utilities Commission officials said at a virtual workshop Monday. "Eliminating the digital divide could not be more urgent than it is right now,” said Commissioner Darcie Houck, who is assigned to the agency’s California Advanced Services Fund (CASF) docket. "Crossing the finish line will take hard work and creativity from government, communities, carriers and all of our stakeholders." Since it was created in 2008, CASF has awarded about $400 million to more than 1,100 projects, including $40 million to 187 projects in 2023 alone, Houck said. When the deadline closed earlier this month for the $750 million Broadband Loan Loss Reserve Fund (BLLRF) program, the CPUC had received about 400 applications requesting $430 million, she said. The program is meant to fund nonprofits, local and tribal governments' broadband infrastructure deployment. The agency plans to announce BLLRF awards in Q2 and Q3 this year, she said. While there remain “barriers and inequalities” with broadband access in California, CPUC Deputy Director Maria Ellis said she is optimistic the state can soon close the digital “chasm.” However, Ellis noted that price is one key challenge. The federal affordable connectivity program helped reduce costs, but its possible sunset could mean low-income households will again face high bills soon, she said.
The 9th U.S. Court of Appeals agreed with a lower court that denied preliminary injunction against the California Public Utilities Commission shifting to a per line surcharge for the state Universal Service Fund. T-Mobile’s Assurance Wireless had argued that the state must align with the FCC’s revenue-based method for federal USF. But on March 31 last year, the U.S. District Court for Northern California decided not to block the CPUC’s April 1 change. The 9th Circuit heard arguments on an appeal in October (see 2310170042). "The carriers have failed to show a likelihood of success on their claim that the access line rule is 'inconsistent with' the FCC rule,” Judge Ryan Nelson wrote in Friday’s opinion, which Judges Jacqueline Nguyen and Eugene Siler joined (case 23-15490). The court referred to the Communications Act's Section 254(f), which prohibits USF rules that are "inconsistent" with FCC rules. Inconsistent doesn’t mean different, Nelson wrote. "The access line rule differs from the FCC’s rule funding interstate universal service programs. But the carriers have not shown that it burdens those programs, and they have thus failed to show that they are likely to succeed on their claim that it is inconsistent with those rules." Also, the court rejected T-Mobile’s claim that the surcharge rule is preempted because it's inequitable and discriminatory. "The carriers argue that they are harmed more than local exchange carriers,” but the CPUC rule treats all telecom technologies “the same and, if anything, is more equitable than the prior rule, under which most of the surcharges came only from ever-dwindling landline services,” Nelson said. The CPUC’s "course correction" is "a fair response to a real problem,” he added. “In a world of ever-evolving telecommunications technologies, competitive neutrality must allow some play in the joints. To hold otherwise would hamstring California’s ability to satisfy its statutory mandate of providing universal service." T-Mobile also argued the change was discriminatory because the CPUC rule treats providers who get federal affordable connectivity program (ACP) support differently from those in the state LifeLine program. But the court found differences between the programs and noted that companies in ACP have the option of joining LifeLine. The decision "affirms that the CPUC's surcharge rule is consistent with federal law," said a commission spokesperson. "The CPUC will continue to utilize the surcharge to ensure consumers have safe, reliable, affordable, and universal access to telecommunications services." T-Mobile didn’t immediately comment.
Some California lawmakers want to take broadband responsibilities from the California Public Utilities Commission and create a broadband office, similar to many other states. At a webcast hearing Wednesday, the Assembly Communications Committee advanced Democratic Chair Tasha Boerner’s AB-2575, which would establish a department and commission on broadband and digital equity. The committee also cleared bills concerning the 211 helpline, video franchising and shot clocks for utilities to review broadband applications.
California should “provide temporary bridge funding for two years through” the state LifeLine program to "mitigate harm to low-income consumers from" the impending end of the federal affordable connectivity program (ACP), consumer advocates said Tuesday at the California Public Utilities Commission. The Utility Reform Network and the CPUC’s independent Public Advocates Office sought “limited modifications” to an October 2020 CPUC decision on LifeLine-specific support amounts and minimum service standards. The groups proposed allowing LifeLine participants to temporarily apply state and federal low-income benefits to a standalone wireline broadband service, while the CPUC considers a long-term answer. Urging the CPUC to act quickly, the groups additionally filed a motion to halve the typical required time to respond to their petition to 15 days, which would make comments due May 8. The groups recently sought modification to other past CPUC decisions due to ACP expected end (see 2404230020). But the cable industry has raised concerns (see 2404230020).
No “good cause” exists to shorten time to respond to a petition related to the federal affordable connectivity program (ACP) ending, the California Broadband & Video Association (CalBroadband) said Monday in a filing at the California Public Utilities Commission. The Utility Reform Network (TURN) last week asked the CPUC to pause awarding grants and quickly modify grant rules to ensure service remains affordable after ACP ends (see 2404150062). Since TURN’s proposal “would fundamentally change” the CPUC’s 2022 decision adopting Infrastructure Grant Account rules, parties should have the full 30 days to respond that CPUC rules require, CalBroadband said. The cable association foreshadowed that it will ask the CPUC to deny TURN’s petition and move quickly to grant pending infrastructure grant applications.
California Public Utilities Commission staff proposed ways to let low-income consumers apply for the state's LifeLine program without providing the last four digits of their social security numbers. In a Friday order in docket R.20-02-008, CPUC Administrative Law Judge Robyn Purchia sought comments on the plan by May 10, with replies due May 24. “This staff proposal recommends revisions to the application, identity verification, and eligibility determination processes to create a defined path for individuals without SSNs to apply for California LifeLine and when qualified, to begin receiving California LifeLine benefits,” said the April 11 plan, which was attached to the ALJ’s order. Consumer advocates in January comments urged the CPUC to make such a policy (see 2401290041).
Votes are again delayed on foster youth and AT&T items at the California Public Utilities Commission. Both were scheduled for Thursday’s meeting, but CPUC staff postponed them until the May 9 meeting, said a hold list Tuesday. The commission originally planned to vote on both items at its Feb. 15 meeting and has now held them multiple times (see 2403200013). The first item would make the CPUC’s pilot foster youth program permanent (docket R.20-02-008). The second would deny AT&T’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 (resolution T-17789).
Possibly facing the end of the federal affordable connectivity program (ACP), the California Public Utilities Commission should quickly modify grant rules to ensure service stays affordable, said The Utility Reform Network in petitions Friday and Monday. “We don’t have the luxury of time here,” said TURN Telecom Policy Analyst Leo Fitzpatrick in an interview Monday. The state cable association slammed TURN’s proposals. But the California Emerging Technology Fund (CETF), a group that has led efforts to sign up low-income Californians for ACP, supports having “another opportunity to discuss the imperative for California to have a back-up plan to replace the” federal program, said CEO Sunne Wright McPeak in an email Monday.
The California Public Utilities Commission plans to propose a decision in Q2 2025 on possible updates to the state’s deaf and disabled telecommunications program, Commissioner Darcie Houck said in a scoping memo Wednesday in docket R.23-11-001. The CPUC will consider whether and how it should modify program rules “in light of the changing communications landscape and participants' needs,” among other issues, it said. The agency will hold hearings and workshops from April to July and will collect more comments in Q4 this year, the memo said.