BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2898
                                                                  Page  1

          Date of Hearing:   April 24, 2002

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                              Darrell Steinberg, Chair

                   AB 2898 (Pescetti) - As Amended:  April 4, 2002 

          Policy Committee:                              Utilities and  
          Commerce     Vote:                            13-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill codifies operative portions of a 1998 Public Utilities  
          Commission (PUC) decision regarding telecommunications  
          regulation-specifically the new regulatory framework (NRF) and  
          price adjustment formulas.  This bill: 

          1)Specifies that any price cap index productivity factor,  
            sharing mechanism, and related elements shall continue to be  
            suspended, consistent with the PUC decision.

          2)Provides that the PUC shall maintain authority to regulate  
            prices for all services subject to its jurisdiction, and shall  
            continue to have authority to move service between all pricing  
            categories. 

          3)Applies the above to every telephone company regulated by the  
            PUC pursuant to the NRF.  (This would apply to four telephone  
            companies-SBC-Pacific Bell, Verizon, Citizens, and Surewest.)

          4)Sunsets these provisions in January 2007.

           FISCAL EFFECT  

          Potential savings to the PUC from avoided proceedings that might  
          otherwise be undertaken regarding the regulatory elements  
          suspended in its 1998 decision.

          [The PUC, for a similar bill (AB 2958, Wright) has estimated  
          costs of about $1.4 million for 14 new positions to develop an  
          alternative regulatory tools-in lieu of those being suspended in  
          the bill- to ensure just and reasonable telephone rates.   








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          However, by freezing the existing regulatory scheme with respect  
          to certain elements of NRF, AB 2898, in and of itself, does not  
          impose additional workload on the PUC.  The commission's cost  
          estimate is based on how the commission might choose to respond  
          based on the results of a future audit of the company or  
          companies.  Moreover, should the commission choose to modify NRF  
          regulation, it would have to justify any request for additional  
          staff for this purpose through the budget process given the  
          commission's existing regulatory staff and workload.]

           COMMENTS  

           1)Background.   Before 1989, local telephone companies were  
            regulated under a rate-of-return framework.  In 1989, the PUC  
            adopted a new regulatory framework of "price-cap regulation"-a  
            system whereby phone rates are adjusted annually based on a  
            formula that accounts for inflationary cost increases and cost  
            decreases from increased productivity.  The NRF was intended  
            to promote the PUC's goals of universal service, economic  
            efficiency, technological advancement, rate stability, full  
            utilization of the local exchange network, and avoidance of  
            cross-subsidies and anti-competitive behavior. 
          
            Category I, II, and III Services.  NRF classifies basic  
            monopoly services, like dial tone, as Category I services, and  
            the PUC sets prices for these services.  Category II includes  
            partially competitive and discretionary services, which have  
            price ceilings and floors approved by PUC, and the regulated  
            entity is free to adjust price in between.  Utilities are  
            allowed maximum pricing flexibility for Category III, or fully  
            competitive, services. NRF contains a price cap index formula,  
            equal to inflation minus a productivity factor, applicable to  
            Category I and II services. 
            
            Sharing.  NRF also contains an earnings-sharing mechanism,  
            which includes a benchmark, ceiling and floor rate of return.   
            Telephone companies retain 100 percent of earnings up to the  
            benchmark, but return earnings at varying percentages to  
            ratepayers for earnings above the ceiling rate of return.

           2)PUC Decision  .  In 1995, the PUC suspended the price cap index  
            and productivity factor on the belief that the market was  
            evolving and that market conditions did not warrant continued  
            application of the formula.  In a 1998 decision affecting  
            Pacific Bell and Verizon, the PUC ordered continued suspension  








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            of the price cap index and productivity factor based on a  
            finding that this would advance the goals of NRF and produce  
            just and reasonable rates.  In this decision, the PUC also  
            suspended sharing on the belief that sharing distorts  
            operating and investment decisions because it changes the  
            forecast of present and future cash flows, and introduces  
            uncertainty into the stream of returns.  The PUC also voiced  
            concern about the asymmetric application of sharing, giving  
            potential competitors an ability to make investment decisions  
            without similarly imposed profit constraints.  The PUC noted  
            that the above suspensions do not eliminate its authority over  
            rate caps, floors, or ceilings on Category I or II services.

           3)Purpose  .  AB 2958 (Wright), also on today's committee agenda,  
            provides that the 1998 PUC decision involving SBC Pacific Bell  
            and Verizon shall remain in effect until 2007, but is  
            applicable only to those two entities.  AB 2898 differs from  
            AB 2958 in that it applies the suspension of the price cap  
            productivity factor and sharing articulated by PUC in the  
            Pacific Bell-Verizon NRF decision to each telephone company  
            regulated pursuant to NRF, thus making it also apply to the  
            two other NRF-regulated telecommunications companies-Surewest  
            Communications (formerly Roseville Communications) and  
            Citizens Communications. 

            In 2001, the PUC reviewed Surewest's NRF structure and, among  
            other things, ordered the retention of its sharing mechanism.   
            In Rulemaking 01-09-001, the PUC is considering whether to  
            eliminate the sharing mechanism, continue the suspension of  
            the sharing mechanism, or to reinstate the sharing mechanism.   
            Supporters note that AB 2898 will enable Surewest and Citizens  
            to be on the same regulatory footing as Pacific Bell and  
            Verizon.

           4)Opposition  .  The PUC states that, among other things, AB 2898  
             reverses  recent PUC orders continuing sharing for Surewest,  
            and remains convinced of the correctness of its prior  
            decisions.  

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081