WASHINGTON-California Public Utilities Commission member Carl Wood (D) has lost majority support for his telecom consumer plan, with fellow Commissioner Geoffrey Brown (D) deciding to draft an alternative bill of rights because of differences with Wood on sections of the proposal that have come under attack by mobile-phone carriers and others.
The surprising move by Brown, who had been working for months with Wood to refine the bill of rights, follows news that Commissioner Susan Kennedy (D) is also working on a new bill of rights expected to be less onerous than either Wood’s or Brown’s and more to the liking of industry and Gov. Arnold Schwarzenegger (R).
As recently as last week, following a meeting with industry leaders and consumer advocates, Wood and Brown said they were confident the CPUC would approve a bill of rights for telecom consumers in May. Commissioner Loretta Lynch (D) also supported the Wood initiative, while Kennedy and CPUC President Michael Peevey oppose it.
Brown told RCR Wireless News his bill of rights will remove controversial privacy provisions-but not gut the entire section-and entirely remove advertising regulations. Brown, the swing vote on the CPUC, said his alternative bill of rights should be out by Friday.
The latest developments appear to work in industry’s favor. Even if a bill of rights is approved this year, industry has at least two options it can exercise to avoid new rules governing wireless carrier business practices.
The wireless industry, which has spent more than $500,000 on lobbying to prevent a bill of rights from being adopted in California and possibly becoming a model for other states, can appeal a commission bill of rights ruling. However, litigation alone would not prevent the rule from being implemented in the state.
Another possibly is that a revamped CPUC next year-one with two new Schwarzenegger appointees replacing Wood and Lynch-could simply repeal a bill of rights.
