California PUC Commissioner Catherine Sandoval urges FCC to use Title II and Section 706 in creating new net neutrality rules.

California Public Utilities Commissioner Catherine Sandoval urged the FCC in an ex parte filing posted Friday to rely on both Title II and Section 706 of the Communications Act as it creates new net neutrality rules. Title II and Section 706 are “complementary” but “only Title II, applied with appropriate forbearance and a light regulatory touch, can protect common carriers, broadcasters and other FCC licensees, and Internet speakers from ISP discrimination and high Internet entry barriers,” Sandoval said. She noted she was speaking on her own behalf and not on the behalf of the full CPUC (http://bit.ly/1riVCGA). The CPUC withdrew from consideration possible comments on the FCC’s NPRM ahead of what had been a planned Thursday vote on the issue, prompting criticism from public interest groups in the state (see 1410160054). Sandoval recommended the FCC refer any new proposed net neutrality rules to the Critical Infrastructure Security and Resilience Conference, the Federal-State Joint Board on Universal Service and the Federal-State Joint Conference on Advanced Telecommunications Services, for which Sandoval serves as policy chairwoman. Those bodies can evaluate the proposed rules for federal and state implications related to universal service, Internet access, public safety, security and critical infrastructure issues, Sandoval said. She also noted her concerns about the net neutrality NPRM’s paid prioritization language, which she said would be harmful to consumers, public safety agencies, “content creators” and critical infrastructure sectors. Sandoval said she noted similar concerns during an Oct. 7 meeting with Priscilla Delgado, legal adviser to FCC Commissioner Jessica Rosenworcel, and during a Sept. 24 forum with Rosenworcel and Rep. Doris Matsui, D-Calif.