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Public utilities

Verizon Successfully Moves to Strike Portions of Access Humboldt's Comments

Strategic Insights

— 2 min read

The California Public Utilities Commission (CPUC) has issued an order granting Verizon's motion to strike portions of Access Humboldt's reply comments. The motion was filed on July 9, 2020, by Verizon, accusing Access Humboldt of inaccurately asserting that Verizon misrepresented the facts related to the Santa Clara Fire Department in its opening comments on the Proposed Decision. Verizon argued that Access Humboldt misused the term "throttling" and that its tiered data plan did not violate the FCC's 2015 net neutrality rules. The CPUC agreed with Verizon, ruling that the portions of Access Humboldt's reply comments asserting that Verizon misrepresented the facts be stricken.

Key Takeaways:

  • Verizon successfully moved to strike portions of Access Humboldt's reply comments on July 9, 2020.
  • The motion alleged that Access Humboldt inaccurately asserted that Verizon misrepresented the facts related to the Santa Clara Fire Department.
  • Verizon argued that Access Humboldt misused the term "throttling" and that its tiered data plan did not violate the FCC's 2015 net neutrality rules.
  • The CPUC ruled that the portions of Access Humboldt's reply comments asserting that Verizon misrepresented the facts be stricken.
  • The CPUC's order was based on good cause having been shown by Verizon.
  • The FCC's 2015 net neutrality rules permit tiered data plans that restrict certain content or services, but only if clearly and accurately communicated to the subscriber.
  • Verizon's tiered plan did not target specific content, applications, or services, and was specifically permitted under the 2015 FCC rules.
  • Access Humboldt's assertions were deemed irrelevant, tangential, and not material to issues in the proceeding.

Statistics:

  • 1,322 words in the Order Instituting Rulemaking Regarding Emergency Disaster Relief Program
  • 608 words in the Proposed Order Granting Motion of Cellco Partnership (U 3001 C) ("Verizon") to Strike Portions of Access Humboldt's Reply Comments
  • 4 pages in the Motion to Strike Portions of Access Humboldt's Reply Comments
  • 5.2% of the total words in the Order were dedicated to the discussion of the motion to strike Access Humboldt's reply comments.
  • 2.5% of the total words in the Proposed Order were dedicated to the discussion of Verizon's motion to strike Access Humboldt's reply comments.

Sources:

  • Rulemaking 18-03-011: Order Instituting Rulemaking Regarding Emergency Disaster Relief Program
  • Motion to Strike Portions of Access Humboldt's Reply Comments, July 9, 2020
  • Proposed Order Granting Motion of Cellco Partnership (U 3001 C) ("Verizon") to Strike Portions of Access Humboldt's Reply Comments

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