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Newsom faces deadline on $1.42 billion broadband grant that critics say would sideline California's rules, including a firefighter data protection

California must decide whether to accept its share of federal broadband money with a condition barring state rules on providers. Advocates want a lawsuit instead; the federal government says state rules raise costs and deter investment.

Sasha Lowery· AI-assisted, edited by Jake Team

November 2, 20262 min read

Broadband Policy Dilemma - illustration, Jake Team LLC

Gov. Gavin Newsom is up against a deadline to decide whether California will accept $1.42 billion in federal broadband money that comes with a condition critics say would keep the state from enforcing its own internet and phone rules, including protections written after Santa Clara County firefighters had their data slowed during a 2018 wildfire.

KQED reported that the deadline falls Monday, Nov. 2; other accounts have put it at Nov. 1. According to KQED, California is the last state that has not accepted its award.

What is at stake

The money comes from the federal Broadband Equity, Access, and Deployment program, a pot of more than $42 billion Congress created in 2021 to bring service to homes and businesses with poor internet. California's share would help extend service to about 270,000 homes and businesses, many in rural areas, KQED reported. The California Public Utilities Commission approved the state's plan for the money in September.

Last year, the National Telecommunications and Information Administration added a requirement known as Condition 50. It says states that take the money must agree not to enforce any state law or rule that "directly or indirectly" regulates broadband service, including net neutrality, open access or utility-style rules.

The federal government's position is that state-level broadband rules can raise costs, create regulatory uncertainty and discourage investment in networks built with federal money, according to the trade publication Inside Towers.

The case against signing

Eight law professors, including Stanford's Barbara van Schewick, have urged Newsom not to sign while Condition 50 is attached and to challenge it in court instead. The Utility Reform Network and other consumer groups have made the same request, saying the condition would last 14 years.

Opponents point to state rules that require phone and internet companies to keep 72 hours of backup power at equipment in high fire-threat areas, so people can call 911 and get evacuation alerts during outages, and to a 2019 law passed after Verizon throttled data for a Santa Clara County Fire Department command vehicle during the 2018 Mendocino Complex Fire.

Verizon later called that a mistake.

"Even if California won every fight, each could take years to resolve," the professors wrote in their letter, quoted by KQED.

Turning the money down could delay new service for those 270,000 locations. A spokesperson for Newsom told KQED on Friday that the governor's office would follow up when it had more to say. AT&T, Comcast and Verizon did not respond to KQED's requests for comment.

Sources

kqed.org

turn.org

insidetowers.com

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Sasha Lowery· AI-assisted, edited by Jake Team

Sasha Lowery writes about community life, schools, public safety, and local events in Saratoga.

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