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Poizner opts out of CPUC appointment

WASHINGTON-Former Silicon Valley tech executive Steve Poizner, one of two nominees appointed by GOP Gov. Arnold Schwarzenegger to the California Public Utilities Commission last December, said he is removing himself from consideration for the post after receiving legal advice that effectively prevents him from voting on many telecom matters.

“For three months, I have been doing everything possible to allow me to participate in most matters before the CPUC,” said Poizner in a press statement. “In December I sold all my stocks in companies regulated by the CPUC and agreed to create a blind trust for diversified, but illiquid private mutual funds, which I own. I reviewed all relevant laws pertaining to the California Constitution, the Public Utilities Code and the Political Reform Act and consulted with legal experts inside and outside government, including the CPUC, Attorney General and the Fair Political Practices Commission. Addressing these issues before joining the CPUC took time but was simply the right thing to do.”

In the end, Poizner said there were too many hoops to jump through, and it would not work in the best interests of the CPUC

“Given the FPPC’s advice that I must review over 100 telecommunications stocks held by these independently managed private mutual funds before each vote, I have decided I cannot ask to be appointed to the CPUC,” said Poizner. “Requiring the other four CPUC commissioners to wait on important pending telecommunications decisions as I go through the time-consuming process is just not practical and not in the best interest of Californians.”

Today’s action by Poizner, who sold SnapTrack Inc. to Qualcomm Inc. for $1 billion in 2000, creates new uncertainty with respect to efforts by Commissioner Susan Kennedy to revise-and possibly repeal-the bill of rights for telecom consumers. The bill of rights was approved by the CPUC last May, but was suspended in January to re-examine the rule.

Poizner, a Republican, was regarded as a likely swing vote on a newly comprised commission (Democrat Dian Grueneich being the other Schwarzenegger CPUC pick) that must decide whether the bill of rights stays or goes. Schwarzenegger and the mobile-phone industry are highly critical of the bill of rights-a slew of new consumer protection regulations imposed on wireless carriers.

Consumer groups, disability advocates and Attorney General Bill Lockyer want to keep the bill of rights intact. Some California legislators want to make the bill of rights a state law.

Poizner said he was disappointed, but honored to be asked to serve in the Schwarzenegger administration. He indicated he was interested in serving in another capacity.

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