CPUC Backs Challenge to FCC 2017 Wireline Infrastructure Streamlining Order
The California Public Utilities Commission supported a petition by consumer groups challenging a 2017 FCC wireline infrastructure order streamlining copper loop retirements and telecom service discontinuances (see 1809270036). "The CPUC agrees with much -- though not all -- of what…
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the Petitioners write," said its amicus brief (in Pacer) Thursday in Greenlining Institute v. FCC, No. 17-73283, in the 9th U.S. Circuit Court of Appeals. "Although the CPUC agrees with the Petitioners that the FCC prejudged the outcome of the proceeding ... there is more damning evidence of prejudgment than the Petitioners have cited. Second: In striking down the so-called 'functional test' standard for [Communications Act] Section 214(a) discontinuances, the FCC set forth a new, narrow definition of the word 'service.' ... While it is literally true that the Act does not define 'service,' it does define 'telecommunications service.' ... And since the Wireline Deployment Order deals exclusively with telecommunications carriers, it would seem sensible to examine how the Act defines the service that they provide -- yet the FCC did not."