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Charter Agrees CPUC Committed 'Legal Errors' in BEAD Order

Charter Communications supported a USTelecom petition asking the California Public Utilities Commission to reconsider rules for implementing the state’s BEAD initial plan volume 2. However, consumer groups urged the CPUC to deny the application in a separate response Friday. USTelecom…

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had raised concerns that state rules, including on required low-price plans, could discourage participation in the broadband grant program (see 2411010053). Charter agrees that the CPUC’s September order “contains legal errors,” including that “rate caps constitute impermissible rate regulation,” the cabler responded Friday in docket R.23-02-016. Also, Congress and the NTIA never asked for or required the CPUC’s proposed middle-class affordable service option, said Charter. And the CPUC may not require companies to participate in federal or state Lifeline programs, it said. The Utility Reform Network (TURN) and Center for Accessible Technology disagreed in a joint response the same day. USTelecom’s rehearing application “makes only narrow claims that the Commission errs by requiring participation in the state and federal Lifeline programs, which it does not, and also claims that the Commission errs by adopting affordability plans that create improper rate regulation, which is inaccurate and previously rejected by the Commission.” TURN and CforAT added, “Far from committing legal error, the Commission’s affordability programs and measures … represent a necessary and important step in the process of implementing a landmark opportunity to invest $1.86 billion in federal funding” for broadband.