AB 1734 Assembly Bill

BILL NUMBER: AB 1734	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 11, 2001

INTRODUCED BY   Committee on Utilities and Commerce (Wright (Chair),
Calderon, Canciamilla, Cardenas, Diaz, Nation, Papan, Reyes, and
Wesson)
    (Principal coauthor:  Senator Polanco) 

                        MARCH 26, 2001

   An act to amend Section  709   278  of
the Public Utilities Code, relating to telecommunications.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1734, as amended, Committee on Utilities and Commerce.
Telecommunications services. 
   Existing law establishes the Deaf and Disabled Telecommunications
Program Administrative Committee to advise the Public Utilities
Commission regarding the implementation, development, and
administration of programs to provide specified telecommunications
services and equipment to persons who are deaf or disabled.  Existing
law establishes the Deaf and Disabled Telecommunications Program
Administrative Committee Fund in the State Treasury to carry out the
programs pursuant to the commission's direction, control, and
approval, and requires the commission to report to the Governor and
the Legislature regarding a transition plan for programs associated
with the fund.
   This bill would authorize the commission, in carrying out its
responsibilities and functions relating to the fund, to enter into
contracts with agencies, including nonprofit entities, currently
providing services to the deaf and disabled.  
   Existing law, the Public Utilities Act, sets forth the findings
and declarations of the Legislature that a policy for
telecommunications in California is to encourage the development and
deployment of new technologies and the equitable provision of
services in a way that efficiently meets consumer need and encourages
the availability of a wide choice of state-of-the-art services.
   This bill, in addition, would refer to encouraging the development
and deployment of the infrastructure needed to support the new
technologies. 
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  
no   yes  . State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  
  SECTION 1.  Section 709 of the Public Utilities Code is amended to
read:  
  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) The Public Utilities Commission issued in May 2001, a proposed
transition plan regarding the transfer of six funds to the State
Treasury associated with telecommunications public programs created
and operated by the commission.
   (b) This act is intended to preserve the existing infrastructure
of providers of service under the programs created with the six funds
by allowing the commission, to the extent feasible, to contract with
the network of existing service providers.
  SEC. 2.  Section 278 of the Public Utilities Code is amended to
read: 
   278.  (a) (1) There is hereby created the Deaf and Disabled
Telecommunications Program Administrative Committee, which is an
advisory board to advise the commission regarding the development,
implementation, and administration of programs to provide specified
telecommunications services and equipment to persons in this state
who are deaf or disabled, as provided for in Sections 2881, 2881.1,
and 2881.2, and to carry out the programs pursuant to the commission'
s direction, control, and approval.
   (2) In addition to the membership qualifications established by
the commission pursuant to subdivision (a) of Section 271, the
commission shall establish qualifications for persons to serve as
members of the Deaf and Disabled Telecommunications Program
Administrative Committee to achieve appropriate representation by the
consumers of telecommunications services for the deaf and disabled.

   (b) All revenues collected by telephone corporations in rates
authorized by the commission to fund the programs specified in
subdivision (a) shall be submitted to the commission pursuant to a
schedule established by the commission.  The commission shall
transfer the moneys received to the Controller for deposit in the
Deaf and Disabled Telecommunications Program Administrative Committee
Fund.  All interest earned by moneys in the fund shall be deposited
in the fund.  Any unexpended revenues collected prior to the
operative date of this section shall be submitted to the commission,
and the commission shall transfer those moneys to the Controller for
deposit in the Deaf and Disabled Telecommunications Program
Administrative Committee Fund.  In addition, those revenues that are
collected pursuant to subdivision (d) of Section 2881 shall be
accounted for separately, as required by subdivision (b) of Section
2881.2, and deposited in the fund created by the commission pursuant
to subdivision (b) of Section 2881.2.
   (c)  In order for the commission to carry out its
responsibilities related to the Deaf and Disabled Telecommunications
Program, the commission shall, to the extent feasible, contract with
agencies, including nonprofit entities, currently providing services
to the deaf and disabled.
   (d)  Moneys appropriated from the Deaf and Disabled
Telecommunications Program Administrative Committee Fund to the
commission shall be utilized exclusively by the commission for the
program specified in subdivision (a), including all costs of the
board and the commission associated with the administration and
oversight of the program and the fund.   
   709.  The Legislature hereby finds and declares that the policies
for telecommunications in California are as follows:
   (a) To continue our universal service commitment by assuring the
continued affordability and widespread availability of high-quality
telecommunications service to all Californians.
   (b) To encourage the development and deployment of new
technologies and the infrastructure required to support them, and the
equitable provision of services in a way that efficiently meets
consumer need and encourages the ubiquitous availability of a wide
choice of state-of-the-art services.
   (c) To promote economic growth, job creation, and the substantial
social benefits that will result from the rapid implementation of
advanced information and communications technologies by adequate
long-term investment in the necessary infrastructure.
   (d) To promote lower prices, broader consumer choice, and
avoidance of anticompetitive conduct.
   (e) To remove the barriers to open and competitive markets and
promote fair product and price competition in a way that encourages
greater efficiency, lower prices, and more consumer choice.