BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 140
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          ASSEMBLY THIRD READING
          AB 140 (Strom Martin)
          As Amended May 31, 2001
          Majority vote

           UTILITIES AND COMMERCE     15-0 APPROPRIATIONS      21-0        
           
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          |Ayes:|Wright, Pescetti, John    |Ayes:|Migden, Bates, Alquist,   |
          |     |Campbell, Canciamilla,    |     |Aroner, Ashburn, Cedillo, |
          |     |Cardenas, Diaz, Jackson,  |     |Corbett, Correa, Daucher, |
          |     |Kelley, La Suer, Leonard, |     |Goldberg, Maldonado,      |
          |     |Maddox, Nation, Papan,    |     |Robert Pacheco, Papan,    |
          |     |Simitian, Wesson          |     |Pavley, Runner, Simitian, |
          |     |                          |     |Thomson, Wesson, Wiggins, |
          |     |                          |     |Wright, Zettel            |
           ----------------------------------------------------------------- 

           SUMMARY  :  Establishes a grant program for the construction of  
          telecommunications infrastructure, under the Public Utilities  
          Act.  The program would be in effect until January 1, 2006.  The  
          grant program will be:

          1)Funded through the existing California High Cost Fund-A  
            (CHCF-A) and California High Cost Fund-B (CHCF-B) in the  
            respective Administrative Committee Funds

          2)Subject to specified annual funding limits from each of the  
            funds, and to the requirement that all claims be paid prior to  
            any transfer from the CHCF-B for the rural program.

          3)Authorized through the California Public Utilities Commission  
            (CPUC), which will award the grants and establish a working  
            group to develop technical criteria for evaluating the grants.

           EXISTING LAW  creates CHCF-A Administration Committee and CHCF-B  
          Administration Committee to advise CPUC regarding programs to  
          provide for transfer payments to telephone corporations  
          providing services in high cost areas and to carry out programs  
          under the commission's authority. 

          FISCAL EFFECT  :  Up to $10 million special fund costs for four  
          years.

           COMMENTS  :  There are two High Cost Funds provide subsidy for the  








                                                                  AB 140
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          provisioning of high cost local telephone service in California.  
           CHCF-A provides for transfer payments to the small, independent  
          telephone companies in California providing telephone service in  
          high-cost areas.  The fund allows for fair and equitable rate  
          structures throughout the state by providing payment as subsidy  
          to the telephone companies whose basic exchange access line  
          rates may be set below their average cost to serve these mostly  
          rural areas.

          CHCF-B, established in 1996, provides for the same sort of  
          equitable statewide rate structure for the larger carriers.  The  
          difference is that the CHCF-B surcharge monies are flowed back  
          to ratepayers through either a bill surcredit or through direct  
          rate reductions for other than basic exchange access line  
          services.  CHCF-B is a much larger fund, and the rate reductions  
          it funds can be targeted to competitive services, like local  
          toll service. 

          This bill seeks to modify existing Public Utilities Code Section  
          270 by allowing moneys in the CHCF-A and CHCF-B to be diverted  
          to the specified grant programs until January 1, 2006, when  
          existing Section 260 language becomes operative again.  All  
          claims on the CHCF-B must be paid before funds go to the rural  
          infrastructure grant program specified in this bill.
          The grants fund the establishment of telecommunications service  
          in areas not currently served by existing local exchange  
          carriers.  The purpose of this bill is to try to bridge the  
          divide between communities in California that have no basic  
          telephone service at all, and those with access to a broad array  
          of wired and wireless services.  The cost of infrastructure to  
          many of these areas and their remoteness from other communities  
          have been the obstacles to getting basic telephone service.

          This bill specifies that grants for rural infrastructure can be  
          applied for by community-based groups representing a qualifying  
          community.  Among the criteria specified are population, with  
          consideration given to communities with schools, hospitals and  
          health clinics.  This bill also requires that a local agency  
          must act as fiscal agent for any community-based group applying  
          for and obtaining such a grant.  Finally, median household  
          incomes of qualifying communities shall be no greater than the  
          top income level of the Universal Lifeline Telephone Service  
          (ULTS) index.  

          Technology criteria for infrastructure proposals shall be  








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          determined by a government-industry working group established by  
          CPUC.  Engineering feasibility studies, topographical maps,  
          recommendations or justifications for the preferred  
          technologies, network compatibility statements from one or more  
          interconnecting carriers and cost projections for  
          interconnection and recurring service and letters of commitment  
          from at least 75 percent of the unserved population are among  
          the required materials to be included in grant proposals.  Grant  
          applicants shall also seek federal sources of funding in  
          conjunction with the local subsidies for construction of  
          infrastructure.

          Among the criteria CPUC shall consider in evaluating grant  
          applications are cost-effectiveness, number of people served,  
          level of local support, ability of the community served to pay  
          for the delivered services and the effect on public health and  
          safety.  Any telecommunications provider under CPUC's  
          jurisdiction that is capable of providing service to a grant  
          funded area shall be afforded the opportunity to provide  
          interconnection to the public switched network.  

           
          Analysis Prepared by  :  Kelly Boyd / U. & C. / (916) 319-2083 



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