BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2958
                                                                  Page  1

          Date of Hearing:  April 1, 2002

                    ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
                              Roderick D. Wright, Chair
                 AB 2958 (Wright) - As Introduced:  February 25, 2002
           
          SUBJECT  :  Telecommunications: regulatory framework.

           SUMMARY  :  Codifies in statute operative portions of a 1998  
          decision by the California Public Utilities Commission (PUC)  
          adopting a new regulatory framework program and price adjustment  
          formula for two major incumbent local exchange telephone  
          carriers.  Specifically,  this bill  :  

          1)Affects SBC-Pacific Bell and Verizon, companies that were  
            subject to the modifications made by PUC to the new regulatory  
            framework (NRF) in Decision 98-10-026.

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

          3)Provides that 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.

          4)Clarifies that the PUC's existing authority to regulate the  
            quality of service provided by telephone corporations shall be  
            preserved.

          5)Sunsets on January 1, 2007.

          6)Makes various legislative findings with reference to NRF, and  
            to the fact that circumstances exist making this special  
            statute valid because a general law cannot be made applicable.

           EXISTING LAW  :

          1)Grants PUC regulatory authority over local telephone  
            corporations.

          2)Requires PUC to inspect and audit the books and records of  
            telephone corporations for regulatory and tax purposes at  
            least once every three years.








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           FISCAL EFFECT  :  Unknown.

           COMMENTS  :

          NRF in general
          
          Before 1989, local telephone companies, or incumbent local  
          exchange carriers (ILECs), were regulated under a rate-of-return  
          framework, which in general sets rates based on expenses  
          incurred in providing service, allowing a reasonable profit on  
          the utility's assets that are used to provide the service.

          In 1989, PUC adopted NRF, an incentive-based regulatory system  
          designed to promote PUC 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.

          Under NRF, rates are adjusted annually based on a formula that  
          offsets inflation costs against cost decreases due to increased  
          productivity, additionally allowing cost recovery on matters  
          outside the control of the utility ("Z factors").

          Category I, II and III Services
          
          NRF classifies basic monopoly services like dial tone as  
          Category I services.  PUC sets prices for all Category I  
          monopoly services.  Category II includes partially competitive  
          and discretionary services.  These services 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.

          Price Cap Index & Productivity Factor
          
          NRF contains a price cap index formula, equal to inflation minus  
          a productivity factor, and applicable to Category I and II  
          services.  The productivity factor was designed as a substitute  
          for market forces, passing through gains in productivity to  
          customers.  In 1995, 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.









                                                                  AB 2958
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          Sharing
          
          NRF contains an earnings-sharing mechanism, which includes a  
          benchmark, ceiling and floor rate of return.  ILECs retain 100%  
          of earnings up to the benchmark, but return earnings at varying  
          percentages to ratepayers for earnings above the ceiling rate of  
          return.

          The PUC decision regarding SBC-PacBell and Verizon

          In the 1998 decision established as the NRF benchmark of AB  
          2958, PUC ordered continuing suspension of the price cap index  
          and productivity factor previously suspended in 1995, and  
          suspended sharing for Pacific Bell and Verizon.

          PUC found that continuing the suspension of price caps and the  
          productivity factor would advance the goals of NRF (outlined  
          above)and would produce rates that are just and reasonable. PUC  
          noted that suspension does not eliminate PUC authority over, or  
          remove, rate caps, floors or ceilings on Category I and II  
          services.

          In the decision, PUC suspended sharing for PacBell and Verizon  
          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.  PUC also voiced concern about asymmetric application  
          of sharing; giving potential competitors an ability to make  
          investment decisions without similarly imposed profit  
          constraints.


          Return to rate of return?

          Sponsors and supporters contend that recent actions by PUC and  
          the Office of Ratepayer Advocates (ORA) indicate an  
          institutional desire to return to a system in which earnings are  
          capped, either by way of rate of return regulation or through a  
          price index and sharing mechanism.  According to the sponsor and  
          supporters, these activities have already created measurable  
          doubt as to the wisdom of continuing the current level of  
          investment in California technology and information  
          infrastructure because of the risk that future investment will  
          not be recouped in a manner or timeframe that will ensure  
          financial health of the companies.








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          ORA contends that this measure would not allow PUC to conduct a  
          full review of PacBell or Verizon.  ORA objects to "freezing" of  
          NRF, thereby removing PUC's authority to reinstate earnings  
          sharing or to adjust price cap productivity index.

          Audit
          
          PUC recently announced completion of a Section 314.5 triennial  
          audit of Pacific Bell, covering the years 1997 through 1999.   
          The audit recommends customer refunds of almost $350 million for  
          the years 1997 and 1998, consistent with the sharing mechanism  
          in place during the relevant time.  PUC intends to review the  
          audit report in a formal proceeding, during which Pacific Bell  
          and interested parties will have an opportunity to be heard on  
          the audit findings.

          AB 2958 does not affect the audit review process, including the  
          adjudication of whether or not refunds in the form of sharing  
          are due to consumers.

          Related Legislation
          
          AB 2898 (Pescetti) requires any price cap index mechanism  
          previously suspended by PUC in regulating a telephone  
          corporation shall be suspended until 2007.  AB 2898 also  
          suspends sharing under NRF until January 1, 2007.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          SBC-Pacific Bell (sponsor)
          Advanced Fibre Communications
          Applied Materials 
          California Business Roundtable (co-sponsor)
          California Chamber of Commerce (co-sponsor)
          California Hispanic Chambers of Commerce
          California Manufacturers & Technology Association (co-sponsor)
          California Small Business Association
          California Telecommunications Association
          Communication Workers of America
          Congress of California Seniors
          Consumers First
          Diamond Gateway Chamber of Commerce








                                                                  AB 2958
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          Greater Los Angeles African-American Chamber of Commerce
          Intel
          NAACP Sacramento Chapter
          Pat Brown Public Policy Institute
          Sacramento Central Labor Council AFL-CIO
          San Diego Regional Chamber of Commerce
          San Jose Silicon Valley Chamber of Commerce
          Silicon Valley Manufacturing Group
          Verizon
          G. Mitchell Wilk, former PUC Commissioner

           Opposition 
           
          California Public Utilities Commission
          Consumers Union
          MCI WorldCom
          Office of Ratepayer Advocates
          TURN

           
          Analysis Prepared by  :    Paul Donahue / U. & C. / (916) 319-2083