// ARS TECHNICA — LINUX & OPEN SOURCE
California fights "preposterous" Trump admin demand to scrap state broadband laws
State tries to obtain broadband funds despite rejecting Trump admin condition.
California is accepting $1.42 billion in broadband grant funding from the Trump administration, but the state is not accepting the Trump administration’s demand that it stop enforcing a net neutrality law and other telecom regulations.
California’s stand against the Trump administration could result in multiple legal battles involving the state, federal government, and Internet providers seeking government funds. Although California told the federal government it would accept the money, it is reserving the right to challenge the condition imposed by the US. The state could delay or cancel plans to distribute broadband grants depending on how the process unfolds.
The National Telecommunications and Information Administration (NTIA) decided last year that states must agree not to enforce any rate regulation or net neutrality rule on ISPs that receive money from the $42 billion Broadband Equity, Access, and Deployment (BEAD) program. California had to decide whether to accept its share of the fund despite that restriction. California is slated to spend $1.42 billion to deploy broadband to 270,571 locations, and may ultimately receive up to $1.86 billion from BEAD for a mix of deployment and non-deployment projects.
State officials argue that California should be able to obtain the money and keep enforcing its laws because the Trump administration’s demand would violate the state’s constitutional rights. The California Public Utilities Commission (CPUC) made its view clear in a carefully worded letter yesterday to Assistant Secretary of Commerce and NTIA Administrator Arielle Roth.
“The CPUC cannot be bound by any terms or conditions that are unconstitutional or not authorized by law and it expressly does not waive or concede any arguments or challenges concerning the legality, interpretation, or applicability of any term or condition,” CPUC President John Reynolds told Roth.
Reynolds’ letter also said the CPUC cannot prevent other California agencies from enforcing state laws, suggesting that the attorney general would maintain the right to punish misbehaving Internet providers.
Reynolds’ letter acknowledged that the NTIA may not agree with the CPUC’s stance and said the state thus will not distribute any funding to ISPs until after the state and federal agency sort out any differences. If the NTIA refuses to change its position, California could sue the Trump administration on the grounds that the condition is unconstitutional.
The NTIA does not appear likely to bend. “As noted in the Department’s response to CPUC, the terms and conditions of the award constitute the entire agreement between NTIA and CPUC. No part of the letter outlining CPUC’s concerns is incorporated into or made part of the award,” an NTIA spokesperson told Ars today.
Consumer advocacy group Public Knowledge supported CPUC’s position. The Trump administration’s demand to preempt state laws is “brazen and meritless,” the group said.