AT&T, CTIA Seek Rehearing of CPUC Disaster Relief Rules

AT&T and CTIA sought rehearing of a California Public Utilities Commission decision last month to adopt an emergency disaster relief program for customers of communications service providers. CPUC required providers to implement such programs upon a declared state of emergency by the governor or the president when a disaster results in service loss, disruption or degradation. The decision imposed obligations on landline providers “that are contrary to law,” AT&T said in one application posted Tuesday in rulemaking 18-03-011. The carrier “makes significant voluntary efforts” to help customers, but the decision “seeks to turn voluntary aid efforts … into mandates,” which “creates legal problems,” AT&T said. The CPUC is infringing on authority the legislature gave to the governor and the California Office of Emergency Services (CalOES), it said. Requiring carriers to provide various products and services for free for a year or more “creates an unconstitutional taking,” it said. Requirements for voicemail are pre-empted because that's an information service not subject to state regulation, and mandates about inside wiring and jacks are unlawful because that’s competitive and deregulated, AT&T said. Having to abide by requirements for 12 months or a period specified by CalOES “is neither explained nor supported by any record evidence or legal authority,” it said. Wireless carriers do much voluntarily, but the CPUC orders imposes “unlawful and inflexible” requirements, CTIA and AT&T Mobility said in a separate rehearing application. “Imposing a rigid set of requirements on carriers will deter wireless providers from tailoring their relief measures to consumer needs.” A VoIP coalition including AT&T, Comcast, Charter Communications, Frontier Communications and the California Cable & Telecommunications Association sought rehearing Wednesday. “Members of the VoIP Coalition have no substantive objection to voluntarily offering support similar to that set forth in the Rules to their VoIP customers,” the coalition said. “However, treating VoIP as a regulated utility service and imposing these disaster relief measures as mandatory requirements on VoIP service exceeds the Commission’s jurisdiction, is preempted by federal law, and should be corrected on rehearing.”