CPUC Division Seeks $10M MetroPCS Fine in Data Dispute

docket I.22-04-005. The CPUC said in April that Metro faces up to $230 million in possible fines for failing to remit California USF payments for prepaid phone service, but Metro asked in May to dismiss the probe due to the pending court case (see 2207220067). "CPED has an absolute right to investigate MetroPCS’s compliance with the Prepaid Act and receive full, complete, and good faith responses to its data requests,” CPED said Thursday. "The Commission should find that MetroPCS’s failure to respond to the data requests denies the Commission the ability to conduct its investigation and enforcement by intentionally withholding information from CPED staff." The CPUC also should require the company to fully respond, CPED said. The company disagreed it should be penalized, in a separate brief Thursday. "MetroPCS’s reasonable, diligent, and good-faith conduct does not establish a violation of the Public Utilities Code or any Commission rule,” it said. "MetroPCS cannot be subject to a finding of liability (much less penalties) because CPED failed to comply with its obligations to timely advise MetroPCS of its purported concerns about the sufficiency of MetroPCS’s Response, thereby depriving MetroPCS of the opportunity to provide additional documents or to further explain its responses to individual CPED requests (many of which assumed incorrect facts and used vague terminology)." There was no material harm to consumers, property or the regulatory process, Metro added.