California PUC Withdraws Vote on Net Neutrality Comments, Likely Won't Revisit Issue
The California Public Utilities Commission withdrew its consideration of whether to submit comments to the FCC on the federal body's net neutrality NPRM Wednesday, prompting outcry from several public interest groups at a CPUC meeting Thursday. The CPUC had been set to vote Thursday on whether to submit the comments to the FCC and whether to recommend that the FCC reclassify broadband as a Communications Act Title II service. The CPUC had held off on a vote on the comments at its Oct. 2 meeting at Commissioner Carla Peterman’s request (see 1410030047). The CPUC originally voted 3-2 in September to recommend Title II reclassification, but then placed the comments on hold after Peterman decided to change her vote in favor of Title II to an abstention (see 1409120054).
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A similarly “abrupt action” on the part of the CPUC resulted in the withdrawal of the possible net neutrality comments, said Media Alliance Executive Director Tracy Rosenberg in an interview. “We believe there was strong pressure” from an outside source, she said. Rosenberg said she didn’t want to speculate on the identity of that outside source.
The Utility Reform Network (TURN) Executive Director Mark Toney urged the CPUC during its meeting to reconsider its withdrawal, saying the commission is supposed to act independently of Gov. Jerry Brown. “We understand that the question of Title I or Title II is a controversial issue,” Toney said, but “it is your responsibility to act independently on critical issues that impact California.” Brown, a Democrat, appoints the CPUC commissioners and the state Senate confirms the appointments. TURN Organizing Director Ana Montes separately urged Brown to “take a stand” in favor of Title II reclassification. If Brown was an outside source of pressure on the CPUC in this case, “we would find that regrettable,” Rosenberg said. Brown’s office didn’t comment.
Peterman and other commissioners didn’t comment about the CPUC’s withdrawal during Thursday’s meeting or after a subsequent request for comment. Commissioner Catherine Sandoval said during the meeting that she continues to believe that Title II reclassification is an important issue. Sandoval said she has filed separate comments with the FCC on Title II and net neutrality, which weren’t yet available.
Rosenberg said during the meeting that she and the 3,200 people who emailed the CPUC on the Media Alliance’s behalf are “very disappointed” that it withdrew consideration of possible comments and “even more disappointed” that the commission didn’t discuss the issue. “There’s been no public discourse on the subject from the commission,” she said. “What’s going on here, folks?”
Courage Campaign Political Director Eddie Kurtz said he was also disappointed, saying the commission had received 11,000 emails via Courage Campaign participants in favor of Title II reclassification. “The CPUC has a long, long history of weighing in forcefully on this issue,” he said. “This is particularly troubling given the controversies swirling around this commission and its relationship with industry.” CPUC President Michael Peevey said last week that he wouldn’t seek reappointment to the commission when his current term expires in December. Peevey’s announcement occurred amid Pacific Gas and Electric’s disclosure of emails showing back-channel communications between the utility and Peevey’s office (see 1410140127).
The CPUC’s withdrawal likely means it won’t reconsider filing net neutrality comments with the FCC at a future date given the timing of the federal body’s consideration of its net neutrality NPRM, Rosenberg said. The CPUC “is not an agency that moves quickly” on issues, but if Brown wanted the commission to opine on net neutrality “I think some pressure could be exerted to make that happen,” Rosenberg said.