BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 219
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          ASSEMBLY THIRD READING
          AB 219 (Utilities Committee)
          As Introduced February 9, 2001
          2/3 vote.  Urgency 

           UTILITIES AND COMMERCE    15-0  APPROPRIATIONS      16-0        
           
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          |Ayes:|Wright, Pescetti,         |Ayes:|Migden, Daucher, Alquist, |
          |     |Calderon, John Campbell,  |     |Aroner, Ashburn, Corbett, |
          |     |Canciamilla, Cardenas,    |     |Goldberg, Maldonado,      |
          |     |Diaz, Jackson, Kelley,    |     |Robert Pacheco, Papan,    |
          |     |Leonard, Maddox, Nation,  |     |Shelley, Simitian,        |
          |     |Papan, Reyes, Wesson      |     |Thomson, Wesson, Wiggins, |
          |     |                          |     |Zettel                    |
           ----------------------------------------------------------------- 
           SUMMARY  :  Extends the requirement for a recovery mechanism  
          through a surcharge on intrastate telephone service to recover  
          costs for providing telecommunications devices capable of  
          serving the needs of the deaf and hearing impaired and  
          telecommunications equipment for the disabled to January 1,  
          2006.  This program, funded through the existing surcharge is  
          known as the Deaf and Disabled Telecommunications Program  
          (DDTP).

           EXISTING LAW  requires the California Public Utilities Commission  
          (CPUC) to establish a rate recovery mechanism through surcharges  
          on intrastate telephone service to recover costs specified for  
          this program.

           FISCAL EFFECT  :  Continuation of DDTP surcharge on telephone  
          bills totals about $45 million.

           COMMENTS  :  

          1)Universal Service Surcharges.  The Moore Universal Telephone  
            Service Act asserts that providing universally available and  
            affordable access to basic telephone service throughout the  
            state is an essential policy goal for California.  Through  
            various programs funded through surcharges such as Universal  
            Lifeline Telephone Service (ULTS), basic telephone service is  
            made affordable to low-income households and available to all  
            customers.  Affordability and availability are secondary to  
            those users for whom access to the network requires special  
            equipment due to hearing impairment or deafness. 








                                                                  AB 219
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            DDTP provides that certified telecommunications customers who  
            are hearing impaired or deaf have access to the  
            telecommunications network through a dual-party relay system  
            using a third party intervention to connect individuals or  
            offices of organizations representing these groups with  
            persons of normal hearing by way of intercommunications  
            devices.  CPUC had this program certified through the Federal  
            Communications Commission's (FCC's) rules adopted pursuant to  
            the Americans with Disabilities Act of 1990.

            DDTP also provides, through a program designed by CPUC,  
            supplemental telephone communications equipment for  
            subscribers certified to be disabled to accommodate access to  
            the telecommunications network.  CPUC established a surcharge,  
            which by statute may not exceed  of 1%, applied to intrastate  
            telephone service to fund the specified programs.

          2)The Need to Extend the Surcharge.  The DDTP surcharge was  
            never intended to disappear altogether, as the need for  
            maintaining access to the network for persons with  
            disabilities is an ongoing universal service imperative.   
            Extension of the surcharge for specified periods of time, in  
            this case not to exceed five additional years, is prudent.  As  
            demand on the telecommunications infrastructure increases, it  
            remains critical to keep the hearing impaired and deaf as well  
            as other telecommunications consumers with disabilities  
            connected effectively to the network.

            There has been no substantial change in market structure for  
            the residential telephone service market in California.   
            Landline or traditional copper wire residential basic  
            telephone service remains a monopoly provided service in all  
            service areas of the state.  The surcharge applies equally to  
            all telecommunications users, regardless of provider of  
            choice, on intrastate services.  Absent the funding through  
            the existing surcharge, there is no other effective,  
            economically viable means of providing the type of equipment  
            and relay service required to maintain access to the  
            telecommunications network for deaf or hearing impaired  
            individuals or for other individuals with specified  
            disabilities.  The detriment to the overall health, safety and  
            well-being of these individuals that removal of the funding,  
            which allows them to have access to the network for basic  
            telephone services at the same cost as other users, would  








                                                                  AB 219
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            cause is profound.

            Continuation of DDTP surcharge through 2006 will allow deaf,  
            hearing impaired and other disabled individuals to continue to  
            have the same affordable access to basic telephone service in  
            California that other users continue to enjoy.  The existing  
            cap of  of 1% would remain in effect for the duration of the  
            extension of the surcharge.  No consumer will pay higher  
            prices as a result of the extension of the surcharge and  
            universal basic telephone service will continue to be  
            available to hearing disabled, deaf and other individuals with  
            specified disabilities.


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


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