Wireless Comments Say CPUC Can't Require 72-Hour Backup Power

Wireless carriers warned California it will exceed legal authority with network resiliency requirements responding to wildfires and public safety power shutoffs. The California Public Utilities Commission received comments Wednesday in docket R.18-03-011 on a proposed decision giving wireless providers 12 months to deploy generators capable of 72-hour backup power in tiers 2 and 3 high-fire-threat districts. Counties hit hard by wildfires last year support the plan (see 2006170049). The PD "proposes several requirements that are unworkable and, as discussed below, exceed the Commission’s legal authority and are preempted by federal law,” commented CTIA. “Much of what has been proposed is expressly preempted by the federal Communications Act, barred by conflict preemption" given the FCC's "affirmative decision not to regulate these matters, and barred by field preemption.” Seek industry “informational filings,” CTIA asked. AT&T and T-Mobile raised similar issues. The proposal contains "factual, legal and technical errors that perpetuate certain fundamental misperceptions of wireless network resiliency and otherwise relies on unprecedented and unlawful assertions of Commission authority,” T-Mobile said: The CPUC lacks "authority to mandate how wireless carriers design their networks, the type or level of service they provide, the times that service is available, or what equipment should be used to help maintain service.” Noting the PD didn’t include infrastructure companies, the Wireless Infrastructure Association mostly supported the draft, including the proposed waiver process for areas where the requirement is infeasible or not needed. Avoid being “inundated with waiver requests," WIA suggested: “Any requirement that 72 hours of backup power must be deployed at all small cells would trigger an onslaught of waiver requests,” so expressly limit that requirement to macro cellsites that provide coverage. The Utility Reform Network said the CPUC has authority and “ample record support.” Also address "the need for reliable backhaul,” TURN said. The California State Association of Counties urged considering expanding the backup power rule to tier 1 high fire threat districts.