AT&T Challenges Proposed Decision on Affordability Metrics in Utility Service Rulemaking

The California Public Utilities Commission has faced opposition from AT&T regarding a proposed decision to implement affordability metrics in utility service rulemaking. In its comments, AT&T argues that the proposed decision goes beyond the goals set forth by the scoping memo and that the requirement to apply the affordability metrics to certain rulemakings violates due process requirements.

Key Takeaways:

• The proposed decision to implement affordability metrics exceeds the scope of the rulemaking as outlined in the scoping memo, which aimed to develop metrics and processes to inform the affordability of utility service.
• The adoption of affordability metrics in certain rulemakings, such as Rulemaking 20-09-001 and 20-08-021, would violate due process requirements as it denies notice and opportunity to comment to interested parties.
• The lack of clarity and notice regarding how the affordability metrics will be used to evaluate issues in these proceedings has created uncertainty and potential detriment to parties interested in submitting applications.
• AT&T argues that the proposed decision should be modified to exclude the application of affordability metrics to Rulemaking 20-09-001 and 20-08-021.
• The adoption of affordability metrics in these proceedings would create confusion, controversy, and delay, further delaying the distribution of funds and the construction of broadband facilities.

Statistics:

• The proposed decision aims to develop metrics and processes to inform the affordability of utility service, as per the scoping memo.
• The scoping memo expressly stated that this rulemaking was not intended to evaluate the effectiveness of existing affordability programs or create new customer programs to address affordability.
• The proposed decision would require Rulemaking 20-09-001 and 20-08-021 to incorporate the Commission's most recent release of affordability metrics for essential communications service by community.
• AT&T argues that the adoption of affordability metrics in certain rulemakings would deny finish review requirements and pricing requirements to providers who receive funding.

Sources:

• Order Instituting Rulemaking to Establish a Framework and Processes for Assessing the Affordability of Utility Service. R.18-07-006 (Filed July 12, 2018)
• Proposed Decision Implementing the Affordability Metrics (June 10, 2022)
• Comments of AT&T on Proposed Decision Implementing the Affordability Metrics (June 30, 2022)