California Lawmaker Pulls Constitutional Amendment Reshaping Telecom Oversight
Boerner says the proposal needs more work as opponents warn it could undermine the CPUC's telecommunications authority
WASHINGTON, June 12, 2026 – California senators won't be voting on ACA 9 just yet.
Assemblymember Tasha Boerner, D-Encinitas, said Thursday she will hold the constitutional amendment that would allow California lawmakers to strip certain telecommunications oversight from the state's utility regulator, while seeking changes.
“I have decided to hold ACA 9 to ensure that I can present the best consumer-protection measure to the voters,” Boerner said in a statement.
“The goal for this legislation has always been about good governance and ensuring that the California Public Utilities Commission has the capacity necessary to focus on affordability and protect consumers,” she said.
As introduced, the amendment would have removed a requirement from the state’s Constitution to regulate telecommunications as a public utility and permitted lawmakers to transfer telecom and broadband oversight from CPUC to a new state broadband office.
Under Boerner’s initial proposal, the California legislature would be granted increased control over how telecommunications is regulated. The amendment would authorize the Legislature to determine the duties, functions, and jurisdiction of the CPUC over telephone corporations, telecommunications services, and broadband services.
The California Assembly passed ACA 9 on May 18 in a near unanimous 67-1 vote.
Consumer groups opposed to ACA 9 have said the measure, as introduced, would not serve consumers.
Free Press Action sent a letter to Benjamin Allen, chairman of the state’s Senate Energy, Utilities and Communications Committee, urging a “no” vote on the measure on June 2.
The media advocacy group told Allen the constitutional amendment would make the telecommunications regulatory process in the state “more susceptible to industry capture” at a moment when broadband has become an essential utility for all Californians.
In urging senators to reject the measure, Free Press Action pointed to the CPUC's history of defending net neutrality, scrutinizing telecom mergers, protecting carrier-of-last-resort obligations, and administering affordability programs, arguing the commission has been among the nation's “most pro-consumer telecom regulatory authorities.”
Boerner has said the proposal is intended to allow the CPUC to focus more heavily on energy regulation, especially ratemaking and affordability.
She previously argued the commission “has too much on their plate” and said telecommunications and broadband programs could be administered more effectively by a dedicated broadband office.
“While I plan to hold this bill, I do intend on continuing these vital conversations during the fall with stakeholders to ensure that we can move this legislation forward in the coming year,” Boerner said.
