TURN Defends Proposal to Require $15 Calif. Broadband Plans

It wouldn’t be an “unfunded mandate” to require ISPs to have $15 affordable broadband plans as a condition of getting support from the California Public Utilities Commission’s federal funding account (FFA), The Utility Reform Network said Tuesday. TURN replied in docket R.20-09-001 to industry objections to the group’s petition asking the CPUC to pause FFA grants until it modifies rules to account for the federal affordable connectivity program (ACP) winding down (see 2405160055). "The courts have previously held that funding conditions for voluntary programs are permissible; funding conditions are not unfunded mandates or rate regulations,” said TURN. "Providers are free to decline FFA participation and instead charge customers whatever they wish.” Existing ISP-designed affordable plans are no substitute for ACP, added the consumer group: Such industry plans "tend to have significantly more restrictive eligibility requirements than the ACP and therefore will not be available to all ACP recipients.” TURN has two other petitions related to ACP's end (see 2405240060).