California PUC Title II Comments On Hold

Turns out the California Public Utilities Commission proposal to endorse Title II in comments at the Federal Communications Commission did not pass after all. The item was first reported to have passed by a 3-2 vote Sept. 11, but Commissioner Carla Peterman rescinded her vote and the 2-2 item was put on hold at her request.

According to a copy of the draft memo from the CPUC's assistant general counsel, it advises that the CPUC file comments at the FCC in support of enhancing the Open Internet/transparency rule, which is still in effect, but of using Title II to reinstate prohibitions on anticompetitive paid prioritization. "The commercially reasonable standard is inconsistent with an open Internet because it would allow ISPs to discriminate under an undefined and likely unenforceable standard," said the memo. "Accordingly, the CPUC would oppose FCC adoption of the proposed “commercially reasonable” standard, and argue instead adoption of the “no unreasonable discrimination” standard rooted in Title II.”