BILL ANALYSIS 1
1
SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
DEBRA BOWEN, CHAIRWOMAN
AB 468 - Firebaugh Hearing Date:
June 11, 2002 A
As Amended: June 6, 2002 FISCAL/URGENCY
B
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6
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DESCRIPTION
Current law directs the Department of General Services (DGS) to
negotiate access to non-highway state-owned property. The
Department of Transportation (Caltrans) is required to negotiate
access to state-owned highway rights-of-way. Payments for use
of land or facilities controlled by Caltrans are deposited in
the State Transportation Fund.
This bill provides that agreements negotiated by Caltrans to
place wireless facilities on state-owned property or highway
rights-of-way shall not be subject to local zoning ordinances or
regulation.
This bill requires DGS to compile and maintain an inventory of
state-owned property that is available to lease to providers of
wireless telecommunications service and to post this inventory
on the DGS website.
This bill allows DGS to negotiate agreements to lease
state-owned property to wireless telecommunications providers.
Such agreements shall provide for a reasonable rental fee,
provide for use of the wireless providers facilities by state
agencies if technically and economically feasible, and
facilitate agreements by wireless providers to co-locate their
facilities.
This bill provides that wireless facilities installed on
state-owned property pursuant to a lease with DGS are not
subject to local zoning ordinances or regulation.
This bill provides that 10% of the revenues from wireless
provider lease fees shall be available upon appropriation by the
Legislature to fund projects for bridging the digital divide, as
defined. Revenues from wireless providers pursuant to leases
with Caltrans in effect prior to January 1, 2003 are excluded
from the 10% requirement.
This bill requires the Governor's director of e-government to
develop criteria for selecting projects eligible for funding.
Such criteria shall be developed in consultation with
representatives of community technology programs, advocacy
groups, and community-based organizations, as defined. The
first four projects shall include one each in cities in Orange
County, southeast Los Angeles, a northern California bay area
county, and one statewide program with centers in rural and
urban communities. Funding for all digital divide projects
shall be included in the Governor's annual budget proposal.
This bill makes a number of findings and declarations regarding
the problem of the "Digital Divide," the desire to resolve the
problem, and the contribution that community technology
programs, as defined, can make towards that resolution.
BACKGROUND
One of the barriers to higher quality wireless (cellular)
telecommunications service is the difficulty in installing
antennas. Negotiating leases and navigating through a wide
variety of local government restrictions can make it difficult
for wireless companies to erect an antenna. While there is some
flexibility in where a cellular antenna can be located, that
flexibility is reduced when cellular traffic is dense, such as
in urban areas, and along major travel corridors.
DGS currently has 299 leases with cellular companies, generating
$964,000 annually for the General Fund. Caltrans has 100 leases
with cellular companies generating $2.4 million which is
deposited in the State Transportation Fund.
COMMENTS
1.Creating A Master List. DGS currently has an inventory of
state-owned property, known as the State Property Inventory
(SPI), but the SPI doesn't contain information on state-owned
highway property. Therefore, this bill will require DGS to
supplement the SPI with information from Caltrans on the
amount and location of state-owned highway property.
2.Duplicative Authority? As noted above, the bill requires DGS
to compile an inventory of available state-owned property,
including Caltrans property. The bill also creates
duplicative authority in that both DGS and Caltrans are
authorized to enter into leases for Caltrans property. The
author and committee may wish to consider whether Caltrans -
and not DGS - should compile the inventory of the state-owned
highway property. The author and committee may wish to
consider whether it's appropriate to allow DGS to enter into
leases for state-owned highway property over the objection of
Caltrans, which this bill would allow as a result of the
duplicate leasing authority provision.
3.Why Just Wireless? This bill requires DGS to compile and
make available a list of state-owned real property that may be
available for lease to providers of wireless
telecommunications services for location of wireless
telecommunications facilities. However, other companies no
doubt have a desire to lease state property. While existing
law authorizes DGS to lease state property to any company, it
doesn't require DGS to create an "industry specific" inventory
of such property and publish its availability on a website.
The author and committee may wish to consider whether it's
appropriate to require DGS to compile and publish on its
website a list of available property for one specific industry
and whether this means DGS will have to evaluate each piece of
property to determine whether it's suitable for use by the
wireless telecommunications industry.
4.Database Availability . While state property records are
public information, requiring a list of available property to
be compiled and made available via the Internet raises a
question about whether this makes it easier for that
information to be used improperly. For example, does the
state want to publicly post the location of the pumping
stations for the State Water Project or the location of the
women's dormitory for state institutions?
5.Overriding Local Control . This bill will make it easier for
wireless companies to install antennas by making state-owned
property available to them and eliminating the ability of
local governments to impose restrictions, or even deny, such
installations. While the benefit to the wireless companies,
and wireless users, is obvious, it's not clear why they should
receive such a benefit at the expense of local governments and
residents who many not want to have wireless facilities
located in their areas. The author and committee may wish to
consider whether it's appropriate or necessary for this bill
to override all local zoning laws and restrictions.
6.Digital Divide Pilot Projects . The bill specifies specific
locations for the first projects funded by the monies set
aside for digital divide projects - cities in Orange County,
southeast Los Angeles, and the Bay Area. This prejudges where
the most meritorious projects are. The author and committee
may wish to consider deleting the references to specific areas
and instead require the selection criteria to include a
provision that the projects should be widely available. Also,
the bill requires the Director of e-government to develop the
selection criteria. This may not be appropriate, as this
isn't a function the e-government department was set up to
perform. As such, the author and committee may wish to
consider having the California Public Utilities Commission,
the State Librarian, or another entity perform this role.
7.Franchises . On Page 6, Lines 9-10 the bill uses the phrase
"not subject to an existing state franchise." That language
is intended to deal with concerns articulated by the wireline
telephone corporations that this bill is a threat to their
statewide franchise, as specified in Section 7901 of the
Public Utilities Code, which, they argue, allows them to use
state and local rights of ways without charge. That phrase
qualifies the term "state property" so DGS can only offer
leases on state property not subject to an existing state
franchise. Because all state property is the subject of a
state franchise granted to the wireline telephone
corporations, this phrase renders the bill useless. Nothing
in this bill infringes on the wireline telephone corporations'
statewide franchise. Therefore, the author and committee may
wish to consider deleteing the phrase "not subject to an
existing state franchise."
8.Related Legislation . This bill is similar to AB 1150
(Firebaugh), which died in the Assembly Appropriations
Committee in February 2002.
PRIOR VOTES
Senate Transportation Committee
(13-0)*
Assembly Floor (76-0)*
Assembly Appropriations Committee
(21-0)*
Assembly Transportation Committee
(18-0)*
*Votes reflect a previous, unrelated version of the bill
POSITIONS
Sponsor:
Author
Support:
AT&T Wireless
Oppose:
None on file
Randy Chinn
AB 468 Analysis
Hearing Date: June 11, 2001