BILL ANALYSIS                                                                                                                                                                                                              1
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                SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
                               DEBRA BOWEN, CHAIRWOMAN
          

          AB 2898 -  Pescetti                               Hearing Date:   
          June 25, 2002              A
          As Proposed to be Amended               FISCAL              B

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                                      DESCRIPTION
          
          NOTE:  The analysis reflects amendments the author will propose  
          in committee to limit the application of this bill to Roseville  
          Telephone Company and Citizens Communications.

           Current law  requires that telephone rates be just and  
          reasonable.

           Current law  provides that it's the policy of the state to  
          promote lower prices, broader consumer choice, and avoidance of  
          anti-competitive conduct.

           This bill  states legislative intent to maintain the progress  
          created by the California Public Utilities Commission's (CPUC)  
          new regulatory framework (NRF) for telecommunications companies.  


           This bill  finds that telecommunications companies regulated  
          under NRF require certainty with respect to its provisions.

           This bill  requires the CPUC to suspend any price cap index,  
          productivity factor, and sharing mechanism until January 1, 2007  
          for Roseville Telephone Company and Citizens Communications.

                                      BACKGROUND
           
          This bill is identical to AB 2958 (Wright), which is scheduled  
          to be before the committee today, except that it - as proposed  
          to be amended by the author -applies only to Roseville Telephone  
          Company and Citizens Communications.











           
          Federal and state laws and policies have consistently tried to  
          transform telecommunications monopolies into competitive  
          markets.  This started with the market for telephone sets in the  
          early 1980's, moved to long distance telephone service in the  
          mid-80's, then to short distance telephone service in the late  
          80's, and finally to local telephone service in the mid-90's.   
          As the markets became competitive, regulation changed.   
          Telephone sets, once only obtainable through the AT&T monopoly  
          at regulated prices, can be purchased virtually anywhere.  Long  
          and short distance service can be purchased from hundreds of  
          companies.  Local telephone service is now starting to become  
          competitive, based upon very recent decisions at the state and  
          federal level.

          NRF, or New Regulatory Framework, is the now outdated name for  
          the regulatory structure for the larger local telephone  
          companies.  It was created by the CPUC in 1989 to replace the  
          long-standing process of setting telephone rates equal to the  
          cost of serving those customers, plus a fair profit for the  
          telephone company.  Under NRF, rates charged were indexed  
          annually - increased by the rate of inflation and decreased by a  
          "productivity factor" aimed at reflecting gains from  
          technological innovation occurring in telecommunications  
          markets.  Initially, NRF applied to only the two largest local  
          telephone companies, SBC and Verizon (then Pacific Bell and GTE  
          California).  Subsequently, NRF was applied to the next two  
          largest local telephone companies, Citizens Communications and  
          Roseville Telephone Company (RTC).

          Citizens Communications offers services in 24 states, serving  
          primarily rural areas.  It's the 3rd largest local telephone  
          company in California, serving about 145,000 lines with the  
          biggest concentration in Elk Grove.  Citizens has been regulated  
          under a form of NRF since 1996.  At that time, NRF consisted of  
          a sharing mechanism with prices indexed to inflation less a  
          productivity adjustment.  In 2000, the CPUC altered Citizens'  
          NRF to suspend the price indexing, but to retain the profit  
          sharing.  Citizens' NRF is currently under review at the CPUC  
          and the company has asked the CPUC to eliminate the profit  
          sharing mechanism.

          RTC is a division of SureWest Communications, headquartered in  
          Roseville.  RTC is the 4th largest local telephone company in  










          California, serving about 135,000 lines exclusively in the  
          Roseville/Sacramento area.  RTC has been regulated under a form  
          of NRF since 1996.  The beginning NRF consisted of a price  
          index, which effectively capped prices and a profit sharing  
          mechanism.  In 2001, the CPUC tinkered with the NRF structure  
          and continued the profit sharing mechanism.  RTC has petitioned  
          the CPUC to change the 2001 decision.

                                       COMMENTS

          1)CPUC Proceedings  .  Citizens is in the midst of a NRF review at  
            the CPUC.  RTC's NRF was just reviewed by the CPUC and RTC is  
            in the process of challenging the CPUC's decision.  Therefore,  
            this bill in one case reverses a CPUC decision (for RTC) and  
            prejudges a CPUC decision in another case (Citizens).

            The Legislature long ago gave the CPUC clear policy direction  
            that telecommunications rates must be "just and reasonable,"  
            and left with the CPUC the job of creating the mechanism for  
            meeting that policy.  For decades, the CPUC met the  
            Legislature's policy goals through traditional rate of return  
            regulation.  In response to the changing telecommunications  
            market place, the CPUC replaced that old regulatory scheme  
            with the NRF.  NRF is wholly a creature of the CPUC and the  
            Legislature appropriately never codified the NRF or changed  
            its structure, because doing so would have moved the  
            Legislature into the business of rate-making and would have  
            limited the discretion of future CPUCs. 

           2)Is Freezing the Current Version of the NRF Good For  
            Ratepayers?   Apart from the philosophical question of whether  
            the Legislature should effectively override the decisions of  
            the CPUC when it comes to NRF is the practical question of  
            whether freezing the current terms of NRF in place is good for  
            ratepayers.  

            Theoretically, in a fully competitive market regulators  
            wouldn't need to review or constrain prices or profits,  
            because competitors would provides such a check on one  
            another, allowing ratepayers to benefit.  As this committee  
            heard during an informational hearing on June 10, there is  
            little evidence to suggest that competition is anywhere close  
            to approaching "robust."  According to the CPUC's recently  
            released competition report,  The Status of Telecommunications  










            Competition in California  (June 5, 2002), 95% of the telephone  
            lines in the state are controlled by SBC, Verizon, and the  
            other incumbent telephone companies as of June 2001.  (The  
            number is slightly higher for residential lines and lower for  
            business lines.)  This finding is corroborated by data from  
            the Federal Communications Commission, which found that  
            competitors provide about 7% of the lines.

           3)Bill Implications  .  The NRF is intended to represent a  
            balanced application of regulatory tools which leads to just  
            and reasonable rates.  This bill takes away the CPUC's  
            flexibility to utilize the profit sharing and price indexing  
            tools to meets its statutory obligation of assuring that  
            prices are just and reasonable.  Since the NRF was established  
            in 1989, the CPUC has continued to tinker with the balance in  
            the NRF by adjusting profit sharing levels, price indexes, and  
            permanent rate adjustments, all in response to changing market  
            conditions.  

            This bill has one of two implications.  The first is that it  
            is intended to substitute for the CPUC's judgement on whether  
            existing rates are fair and reasonable.  This could be  
            inferred from the intent language in the bill which speaks to  
            "maintaining the progress created by the commission's NRF" and  
            the findings about the need for certainty about the provisions  
            of the NRF.  By locking the 1998 version of NRF in place  
            through 2006, this bill appears to make adherence to a  
            particular regulatory structure (NRF, which has been altered  
            three times to reflect changing market conditions since 1989)  
            more important than adherence to the CPUC's overall statutory  
            charge of protecting ratepayers (which is to ensure ratepayers  
            are charged no more than just and reasonable rates).

            The second, alternative implication is that the bill is solely  
            intended to restrict the CPUC's use of the profit sharing and  
            price indexing tools but  not  its ability to ensure prices are  
            just and reasonable.  If that's the case, then the CPUC will  
            have to find some other mechanism to meet that larger  
            statutory mandate.  In that sense, the bill paradoxically  
            moves the CPUC back to traditional rate of return regulation,  
            as that's the one known mechanism that can produce fair and  
            reasonable rates.  Perhaps some alternative mechanism can be  
            found, but that of course is what the NRF represented.











           4)Picking Winners  .  Supporters of this bill assert that freezing  
            the current NRF in place creates strong incentives to invest.   
            Objective data supporting this analysis is hard to come by,  
            though several highly touted infrastructure initiatives  
            designed to deploy advanced technologies throughout California  
            have been shelved or curtailed. 

            In a tightly regulated, non-competitive world, regulators may  
            choose to increase the allowed return of the regulated  
            companies to encourage those companies to invest in necessary  
            infrastructure.  However, providing incumbent telephone  
            companies with strong incentives to invest in a world where  
            competitors are also trying to enter only skews the  
            competitive marketplace.  While the possibility of high  
            returns for the incumbent regulated company will of course  
            create an incentive to invest, it will also tip the playing  
            field against competitors.  The extra incentive for incumbents  
            to invest will drive out competitors that won't want to  
            compete in a biased game.  Striking the right balance which  
            encourages healthy competition is a tricky task, and one which  
            is extremely difficult to find in an instrument as blunt as  
            this bill.
           
             Clearly investment will go where returns are best, but  
            remember that the revenues that make returns high come from  
            telephone customers.  To the extent that investment is  
            attracted by the highest returns, customers may be paying too  
            much.  Consider the recent short-lived boom in electric  
            powerplant investments, which resulted from the high prices  
            customers paid for electricity.  

           5)Can You Hear Me Now?   Since the mid 1990's, Citizens has had  
            problems with the quality of its telecommunications service in  
            the Elk Grove area.  Citizens has admitted to service quality  
            problems and in 1995, the CPUC reduced Citizens' telephone  
            rates as a penalty.  Service quality subsequently improved and  
            in 2000, Citizens and the CPUC's Office of Ratepayer Advocates  
            agreed that the required service quality improvements had been  
            made.  

           6)Mitigating Circumstances for RTC  .  Some circumstances make RTC  
            unique among California's larger and more well-known incumbent  
            local telephone companies.  First, all of its operations are  
            in California, so all of its investments stay in California.   










            Second, through its affiliates RTC is investing not just in  
            its own service territory but also in the service territory of  
            its much bigger rival, SBC.  No other sizeable incumbent local  
            telephone company has attempted to compete by investing in  
            their own facilities as vigorously as RTC and its affiliates.   
            While this may not justify the Legislature overriding a CPUC  
            decision, it is a distinction worth noting.
                                           
                                   ASSEMBLY VOTES
           
          Assembly Floor                     (64-2)
          Assembly Appropriations Committee  (19-0)
          Assembly Utilities and Commerce Committee                       
          (13-0)

                                       POSITIONS
           
           Sponsor:
           
          Roseville Telephone (Surewest Communications)

           Support:
           
          California Chamber of Commerce
          California Telephone Association
          Citizens Telecommunications Company of California Inc.
          City of Roseville
          Construction and General Laborer's Local 185
          County of Placer Board of Supervisors
          Hewlett-Packard Company
          Intel Corporation
          Kerman Telephone Company
          McClellan Park
          Placer Electric Inc.
          PRIDE Industries
          Rocklin Area Chamber of Commerce
          Roseville Chamber of Commerce
          Sacramento Metropolitan Chamber of Commerce
          SBC Pac Bell
          Verizon

           Oppose:
           
          AARP California










          California Association of Competitive Telecommunications  
          Companies
          California Public Utilities Commission
          Office of Ratepayer Advocates
          Pac West Telecomm, Inc.
          The Utility Reform Network
          XO Communications, Inc.


          









          Randy Chinn 
          AB 2898 Analysis
          Hearing Date:  June 25, 2002