Today, the American Prospect published an analysis – “A California Democrat Is Trying to Gut the State’s Broadband Watchdog” – authored by our own Sean Gonsalves that examines a recently filed bill in California which aims to “strip telecommunications oversight authority away from the California Public Utilities Commission (CPUC) and shift it to a more easily lobbied state legislature and a hypothetical state broadband office that doesn’t yet exist.”

The piece details how the CPUC has become a national model for broadband consumer protection, extracting landmark affordability commitments from the proposed Charter-Cox merger, launching a state-funded broadband subsidy program, and administering the only public loan fund in the nation dedicated exclusively to community-owned Internet networks.

Here's a few excerpts:

“Given what the CPUC has done over the past several years to ensure that every family in California can afford internet access, Boerner’s characterization of her poison pill is enough to make Orwell blush and MAGA operatives smile.”

“To understand what’s really at stake in Boerner’s proposal, it helps to understand what the CPUC has built, mostly behind the scenes, and what would be lost.”

“On telecom issues, the CPUC is not just a passive regulator. In the words of Ernesto Falcon, branch manager of the Communications and Broadband Policy division of the agency’s Public Advocates Office, the CPUC is something closer to ‘a public defender in the regulatory space.’”

“The office employs 22 public servants—attorneys, researchers, and policy specialists—whose sole job is to advocate for California consumers in a regulatory arena dominated by monopoly telecom companies with virtually unlimited resources to influence lawmakers and set the agenda.”

In the last few years, the California Public Utilities Commission (CPUC) has been more intensely focused on ensuring that broadband in California is affordable. 

So it’s curious to see the California State Assembly vote 67-1 on May 18 to strip telecom oversight authority away from the CPUC and shift it to a more easily lobbied state legislature – and an as-yet-undefined state broadband office.

The effort still has a long road before it’s formalized.

Assembly Constitutional Amendment 9, authored by Assemblymember Tasha Boerner, D-Encinitas, now moves on to the California Senate, where it needs to secure a two-thirds vote before appearing on a statewide ballot before California voters.

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The proposal would remove the state constitutional requirement to define and regulate telecommunications as a public utility, something long supported by telecom giants. Boerner’s amendment (and companion bill AB 2289) gives lawmakers leeway to strip the CPUC of its telecom portfolio and hand it over to a newly created state broadband office by 2028.

Consumer Advocates Are 'Shocked' and Skeptical 

Boerner’s proposal is being sold to state lawmakers and the local press as a way to keep the CPUC focused on soaring electrical costs.