CPUC Denies Rehearing of Wireless Disaster Rules
The California Public Utilities Commission denied rehearing of 72-hour backup power and other disaster rules challenged last year by wireless carriers (see 2008200038). “These rules are not subject to express, conflict, or field preemption pursuant to Section 332(c)(3)(A)” of the…
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Communications Act, said the order signed by all commissioners except Genevieve Shiroma and released Tuesday in docket R.18-03-011. Section 332 preempts rate regulation and market entry but not other terms and conditions, a bucket that includes health and safety rules, the CPUC said: “Nowhere has Congress expressly stated or clearly manifested any intention to prohibit all state public safety regulations that apply to wireless providers.” The 10th Amendment gives states police powers, and these rules “have nothing to do with regulating radio frequencies and spectrum, which are matters that fall under the FCC’s licensing authority, nor do these Rules impact rates,” it said. The rules aren’t preempted by the FCC not making backup power mandates, said the CPUC. It noted that the U.S. Court of Appeals for the D.C. Circuit's 2019 Mozilla ruling vacated part of the FCC 2019 net neutrality order preempting state requirements inconsistent with its deregulatory approach. CTIA, AT&T, Verizon and T-Mobile challenged the rules. CTIA declined to comment Tuesday and the carriers didn't respond.