CPUC Defends Form 477 Data Disclosure

from enforcing a May 3 ruling compelling top ISPs to disclose Form 477 and other data to The Utilities Reform Network, or any third party, as part of a state investigation of market competition. The form includes information about phone and broadband deployment that AT&T, Comcast, CTIA, Verizon and other industry plaintiffs say is confidential. But June 28, the telecom entities said a CPUC division, the Office of Ratepayer Advocates, already violated the preliminary injunction by disclosing the data to an outside consultant, Lee Selwyn, president of Economics and Technology Inc. (see 1606290061). “Plaintiffs have made serious misrepresentations” to the court, the state commission or both, said the California commission, opposing the telco motion to enforce the preliminary injunction. Selwyn is an agent of ORA, not a third party, and regardless, the ORA staff disclosed data to him before the May 20 injunction, the defendants said. “Plaintiffs’ admit that access to subscription data by a representative of a state agency is consistent with FCC rules. Plaintiffs were aware that Dr. Selwyn had received access to subscription data in prior CPUC proceedings without objection. Plaintiffs failed to timely raise any objection to Dr. Selwyn’s access to this data, in the underlying proceeding before the CPUC, despite being on notice that he had access to such data.”