CPUC Sets April 16 COVID-19 Vote; Wildfire Backup Power Plan Irks Industry

The California Public Utilities Commission teed up a COVID-19 resolution for members' April 16 meeting to retroactively apply emergency customer protection measures from March 4 until the emergency ends. Meanwhile, industry opposed CPUC plans for power backup, among other comments. Also Friday, the CPUC clarified a state LifeLine rule.

Providers should describe “all reasonable and necessary actions to implement the Emergency Customer Protections ... to support California customers,” said the proposed coronavirus resolution. Protections would apply for up to one year. The CPUC adopted the emergency protections for communications providers in August (see 1908160060).

The commission suspended state LifeLine renewal requirements last month for 90 days to maintain affordable services during the outbreak (see 2003200014). Keep suspending until 60 days after the state of emergency lifts, the National Lifeline Association commented in docket 20-02-008. Now, fix larger problems with renewals as (see 2003270047), said NaLA. Suspending renewal requirements until the emergency ends promotes public safety because people need to stay home, said the CPUC Public Advocates Office (PAO). Align with the FCC’s suspension of federal Lifeline renewal rules to avoid complexity, AT&T and Sprint urged. The CPUC’s suspension would end about a month after the federal waiver ends May 29. In comments in docket R.18-03-011, industry condemned a CPUC proposal requiring 72-hour backup power for all essential communications equipment (see 2004030062).

"If this requirement is read to mean literally the deployment of backup power to each site to keep a facility on-air for 72 hours on a single tank of fuel, then it is not possible to meet the [proposal’s] goal of implementing this resiliency measure by the Summer of 2020, or in fact, by any date,” commented Verizon. “Some cell sites simply cannot accommodate batteries or generators.” The plan could delay 5G small-cells deployment and macro cellsites, it added.

It would cost $4.9 billion and take more than a decade to do 72 hours network-wide, if such a plan is possible, AT&T said. The carrier aims to cover 97% of the state population with wireless service backed up by fixed generators before peak fire season this year. The agency can't mandate how wireless carriers “build their networks, the level of service they have to provide, when they have to be provided, or the types of services they have to provide,” wrote T-Mobile. It made a similar argument to dodge agency review of its Sprint buy (see 2004020054).

A policy "that authorizes electric utilities to voluntarily shut off power, while at the same time requires the cable industry to maintain backup power to fully replace that commercial power supply ... is unreasonable and unsafe,” said the California Cable and Telecommunications Association. “Cable networks are not designed -- nor have they ever been intended -- to be a long-term replacement for the loss of commercial power.” Comcast would have to re-engineer cable systems, the cable operator claimed. Charter Communications said the CPUC’s “deeply flawed” proposals would lead to “significant cost and disruption.” Backup power to Frontier Communications’ about 1,500 field cabinets would require “extraordinary investment,” the telco said: Three days "is reasonable" for central offices and remote switches.

Public advocates, water utilities and local governments support three days. The policy would have kept up 92% of California macro sites disrupted by power shutoffs last year, said PAO, estimating 77% have at most eight hours backup energy. Water systems need reliable communications, the California Water Association wrote. San Jose advised carving out small cells not designed for backup electricity, saying such facilities needn’t be redesigned “given their higher frequencies and limited coverage range during an emergency.”

Meantime, measured rate service providers should be reimbursed per call, not per minute, said a 5-0 resolution. Offered by some wireline providers, measured rate service includes 60 untimed calls for $2.50-$3.66 monthly, then 8 cents per call. The agency learned some carriers are seeking reimbursement on a per minute basis, leading to charges as high as 25 cents a call, with the California Finance Department contacting the commission about “large dollar amount claims."

The CPUC probably will adopt its proposed T-Mobile/Sprint conditional OK at the April 16 meeting, then sue the carriers for closing early, New Street Research’s Blair Levin predicted Sunday in a note to investors. T-Mobile likely will argue the PUC lacks jurisdiction, he said. “At worst, company will face fines and conditions.”