Top ISPs Urge Court to Reject State Arguments on Form 477 Data Disclosure
U.S. District Court in San Francisco should permanently enjoin the California Public Utilities Commission from disclosing sensitive broadband subscriber data to third parties for the same reasons the court issued a temporary ban, ISPs suing the state commission said Thursday.…
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AT&T, Comcast, CTIA, Verizon and other industry plaintiffs want to stop the CPUC from enforcing a May 3 ruling compelling ISPs to disclose subscriber data to The Utility Reform Network (TURN) or other third parties as part of a state investigation of market competition. In May, the court issued a preliminary injunction against the CPUC (see 1605240014). NARUC said a permanent injunction could disrupt the authority of state commissions, and likely would be appealed (see 1607290037). In a response to opposition (in Pacer) filed Thursday, the ISPs said “the CPUC and intervenor TURN largely recycle the same arguments the Court considered and rejected when it entered a preliminary injunction.” The defendants argue the FCC hasn't pre-empted CPUC authority to collect Form 477 data, but that doesn't matter in a case about whether the CPUC may disclose that data, they said. The state agency can't work around FCC disclosure regulations by asking providers rather than the FCC for the data, they said. ISPs rejected the argument the Form 477 disclosure regulations address only public disclosures through the Freedom of Information Act. The FCC Form 477 agreement requires that provider-specific Form 477 data obtained by state commissions not be shared with any individuals who aren't direct employees, the ISPs said. "The Form 477 Agreement has the force of law and itself preempts the CPUC's Disclosure Order." Even if the agreement lacks force of law, it's "due substantial deference as an authoritative interpretation of the FCC's Form 477 regulations and orders," they said. “All agree that such regulations and orders have the force of law and preempt any contrary state law.”