Utility Reform Network v. California Public Utilities Commission

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS

Defendants California Public Utilities Commission (“CPUC”), the Commissioners of the CPUC, and the Executive Director of the CPUC move to dismiss Plaintiff The Utility Reform Network’s (“TURN”) complaint for lack of subject matter jurisdiction and for failure to state a claim. Plaintiff opposes the motion. The matter was heard on June 20, 1997. Having considered all of the papers filed by the parties and oral argument on the motion, the Court GRANTS the motion.

BACKGROUND

On February 8, 1996, the Telecommunications Act of 1996, Pub.L. 104-104, 110 Stat. 56, 47 U.S.C. § 251 et seq., was enacted. The Act, among other things, provided for the introduction of competition into local telephone service. See 47 U.S.C. § 252 . Congress was concerned, however, that the introduction of local competition might have the effect of rendering basic telecommunications services too expensive in rural and high cost areas. The Act therefore required the Federal Communications Commission (“FCC” or “Commission”) to establish mechanisms by which telecommunications carriers that provide interstate telecommunications services would “contribute” to the…