Picker

ORDER RE SUMMARY JUDGMENT

Both the Federal Communications Commission (“FCC”) and the California Public Utilities Commission (“CPUC”) have authority to regulate telecommunications companies in California. The CPUC recently initiated a proceeding to evaluate the quality, availability, and price of telephone and Internet service for California residents. It ordered the telecommunications companies to disclose geographic subscription data, under a protective order, to participants in the proceeding, so those participants can fully weigh in on the issues the CPUC is considering. The telecommunications companies contend this disclosure requirement conflicts with, and therefore is preempted by, federal law, even though the FCC itself requires similar disclosures in its own proceedings. The motion for summary judgment filed by the companies is denied, because the CPUC’s decision to require disclosure of these data to third parties under a protective order does not, in itself, conflict with federal policy.

But the CPUC and The Utility Reform Network have not yet demonstrated that the protective order adequately guards against public disclosure of commercially sensitive data that would…