BILL ANALYSIS                                                                                                                                                                                                    



                                                                       


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          |SENATE RULES COMMITTEE            |                   AB 140|
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                                 THIRD READING


          Bill No:  AB 140
          Author:   Strom-Martin (D)
          Amended:  8/20/01 in Senate
          Vote:     21

           
           SENATE ENERGY, U.&C. COMMITTEE  :  9-0, 6/26/01
          AYES:  Bowen, Morrow, Alarcon, Battin, Murray, Sher,  
            Speier, Vasconcellos, Vincent

           SENATE APPROPRIATIONS COMMITTEE  :  7-1, 9/10/01

           ASSEMBLY FLOOR  :  74-0, 6/5/01 -  See last page for vote


           SUBJECT  :    Rural telecommunications infrastructure

           SOURCE  :     Author


           DIGEST  :    This bill requires the California Public  
          Utilities Commission to establish a grant program to extend  
          telecommunication services to low-income communities.

           ANALYSIS  :    Current law requires the California Public  
          Utilities Commission (CPUC) to develop, implement, and  
          maintain a suitable program to establish a fair and  
          equitable local rate structure for small independent  
          telephone corporations serving rural and small metropolitan  
          areas to promote universal telephone service and reduce any  
          disparity in the rates charged by companies.  Existing law  
          also creates the California High-Cost Fund-A Administrative  
          Committee and the California High-Cost Fund-B  
          Administrative Committee to advise CPUC on programs  
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          providing telephone services to high-cost areas of  
          California.

          This bill creates a grant program of up to $10 million  
          annually administered by CPUC, funded out of an existing  
          surcharge on telephone services, to extend  
          telecommunication services to low-income communities.

          This bill establishes the Rural Telecommunications  
          Infrastructure Task Force to evaluate those grant  
          proposals.

          This bill creates a grant program to pay for the facilities  
          to serve those remote, unserved communities.   A recent  
          report by the State Auditor estimated that 112,000 people  
          live in areas where telephone service isn't offered.

          To accomplish its goals, the bill authorizes annual  
          expenditures of up to $10 million with the money being take  
          from either of two state programs which subsidize the cost  
          of telephone service, the California High Cost Fund A and  
          California High Cost Fund B.  These programs are funded by  
          a combined 2.6 percent surcharge on telephone bills.  The  
          combined annual budget for these programs was $490 million  
          in FY 2000-2001.

          The grant program created by this bill is needs-based in  
          that the median income of the community to be served cannot  
          exceed the top level used in the Universal Lifeline  
          Telephone Service Index.  Grant applicants must also seek  
          federal resources.

          Grant applications, which can be submitted after July 1,  
          2002, must contain specific information about engineering  
          feasibility studies, cost projections, letters of support  
          from local government and law enforcement officials,  
          letters of commitment from at least 75 percent of the  
          unserved population, and evidence that competing providers  
          and technologies have been evaluated.

          In evaluating the grants, the CPUC shall consider the cost  
          effectiveness of the application, the level of local  
          support, the ability of the community to pay for the  
          operational cost of the services once the infrastructure  







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          has been installed, and the effect on public health and  
          safety.

          This bill sunsets on January 1, 2006.
           



          Background  

          This bill is similar to AB 1825 (Strom-Martin) of 2000  
          which was approved by the committee on a 7-1 vote and the  
          full Senate by a 30-4 vote.  That bill was vetoed by  
          Governor Davis, who concluded in his veto message:

               "The intent of AB 1825 is good.  It seeks to  
               provide telephone service to remote, low-income  
               communities.  Unfortunately, it has the potential  
               to hurt all high-cost areas of the state.  By  
               diverting up to $10 million a year from the  
               California High Cost Funds, it could cause other  
               rural ratepayers to see increases in their  
               telephone bills.  The High Cost Funds provide  
               subsidies to small and mid-sized telephone  
               companies to keep telephone rates affordable for  
               rural telephone consumers.  If funds are diverted  
               to pay for a new grant program, existing payments  
               could be jeopardized."

          California has long embraced a policy of universal  
          telephone service.  That policy has resulted in rate  
          subsidies for low-income and rural consumers, as well as  
          subsidies to extend telephone wiring to people who aren't  
          located adjacent to an existing telephone plant.  However,  
          some communities are so far away from existing telephone  
          plants that the cost of extending telephone service to them  
          will never be recouped, even with the existing subsidies.  

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

          The revenues in the CHCF-A and CHCF-B are derived from  
          surcharges on telephone bills.  The CHCF-A funds provide  
          subsidies to small, independent telephone companies  







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          providing telephone service in mostly rural, high-cost   
          areas where rates may be set below their average cost to  
          serve these customers.  The surcharge, which is currently  
          zero because the program has been using up a substantial  
          reserve, will be reactivated this summer.

          The surcharge for the CHCF-B is currently 2.5 percent. L  
          The surcharge revenues provide about $480 million annually  
          in universal service subsidies to ratepayers (roughly four  
          million customers at an average of $125 per customer per  
          year) in the high cost areas of the service territories of  
          Pacific Bell and other large telephone companies.  The fund  
          has reserves of $953 million (about $500 million represents  
          prior year liabilities).

           SUPPORT  :   (Verified  9/10/01)

          Citizens Communications
          County of Del Norte Board of Supervisors
          Pacific Bell
          Regional Council of Rural Counties
          Sierra County Board of Supervisors
          3 Individuals


           ASSEMBLY FLOOR  
          AYES:  Aanestad, Alquist, Aroner, Ashburn, Bates, Bogh,  
            Briggs, Calderon, John Campbell, Canciamilla, Cardenas,  
            Cardoza, Chan, Chavez, Chu, Cogdill, Cohn, Corbett,  
            Correa, Cox, Daucher, Diaz, Dickerson, Dutra, Firebaugh,  
            Florez, Frommer, Goldberg, Harman, Havice, Horton,  
            Jackson, Keeley, Kehoe, Kelley, Koretz, La Suer, Leach,  
            Leslie, Liu, Longville, Lowenthal, Maddox, Maldonado,  
            Matthews, Migden, Mountjoy, Nakano, Nation, Negrete  
            McLeod, Oropeza, Robert Pacheco, Rod Pacheco, Papan,  
            Pavley, Pescetti, Reyes, Richman, Runner, Salinas,  
            Shelley, Simitian, Steinberg, Strickland, Strom-Martin,  
            Thomson, Vargas, Wayne, Wesson, Wiggins, Wright, Wyland,  
            Wyman, Hertzberg


          NC:kb  9/11/01   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE







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