California PUC challenges FCC copper retirement rules

Copper network retirement in California has taken another litigious turn. In a suit against the Federal Communications Commission, the California Public Utilities Commission (CPUC) is asking the US Court of Appeals for the Ninth Circuit, a federal court in San Francisco, to determine that the FCC's new rules aimed at expediting copper network shutdowns constitutes an overreach that violates federal law and conflicts with notice-and-comment rulemaking requirements. The CPUC petition, which was filed on June 22, seeks a determination that the FCC order "is arbitrary, capricious, and an abuse of discretion within the meaning of the Administrative Procedure Act." That act is designed to ensure that the FCC gives public notice and comment periods on the adoption or modification of rules. As such, the CPUC wants the court to find the order unlawful. It is asking the court to "vacate, enjoin and set aside" the order and "provide such additional relief as may be appropriate."