BILL NUMBER: SB 1563 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 22, 2002
INTRODUCED BY Senator Polanco
FEBRUARY 20, 2002
An act to add Section 2890.2 to amend
Section 709 of, and to add and repeal Section 709.1 of, the
Public Utilities Code, relating to telecommunications.
LEGISLATIVE COUNSEL'S DIGEST
SB 1563, as amended, Polanco. Telecommunications:
consumer rights services .
Existing law, the Public Utilities Act, sets forth the findings
and declarations of the Legislature that a policy for
telecommunications in California is to, among other things, promote
the avoidance of anticompetitive conduct.
This bill, in addition, would refer to assisting in bridging the
"digital divide" by encouraging expanded access to state-of-the-art
technologies by rural, inner city, low income, and disabled
Californians, to encourage fair treatment of consumers through
consumer-oriented conduct, and, instead of promoting the avoidance of
anticompetitive conduct, promoting a level playing field among
providers.
The bill would also require the commission, not later than April
1, 2003, to convene a proceeding to develop a plan for encouraging
the widespread availability of advanced telecommunications
infrastructure, and would require the proceeding to encourage
participation from a broad cross section of the telecommunications
industries, including those entities that the commission does not
regulate, as well as users and community representatives.
The bill would require the commission to submit by February 1,
2004, to the Governor and the Legislature a report of its findings
and recommendation regarding the plan, which identifies areas where
telecommunications infrastructure is inadequate, assesses the
consequences of this inadequacy, and develops strategies for
encouraging the deployment of adequate investment.
These latter provisions concerning the commission's convening of a
proceeding and the related report would be repealed on January 1,
2005.
Existing law authorizes the Public Utilities Commission to
regulate public utilities, including telephone corporations.
This bill would require the commission, in developing its
telecommunications priorities for the 21st century, to take action in
order to reaffirm the highest priority for maintaining the rights of
every citizen of the state to access quality telecommunications
services. Specifically, the bill would require the commission to
develop a strategy to ensure that consumer choice is provided,
articulate the vision of an improved telecommunications
infrastructure, encourage the development of a broadly accessible
telecommunications network that ultimately leads to the future
development of an integrated voice, video, and data
telecommunications system, and develop a low income market plan that
deploys innovative strategies to serve low-income customers. The
bill would also require the commission to support the basic rights of
the state's consumers to products and services consistent with the
state's public trust obligation to universal, accessible, and
affordable telecommunications services, to quality service and
performance of telecommunications tools, to fair and honest
treatment, including prompt and equitable resolution of billing and
service problems, to public information that is necessary to allow
consumers to make timely and informed choices about products and
services, to protect and preserve the confidentiality of consumers'
individual records and use patterns, to choose telecommunications
services from among a wide array of products and services accessible
to all consumers, and to be heard by telecommunications providers to
facilitate the development of fair and consumer friendly policy
formation by telecommunications providers.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2890.2 is added to the Public Utilities
SECTION 1. Section 709 of the Public Utilities Code is amended to
read:
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 equitable provision of services in a way which
efficiently meets consumer need and encourages the ubiquitous
availability of a wide choice of state-of-the-art services.
(c) To assist in bridging the "digital divide" by encouraging
expanded access to state-of-the-art technologies by rural, inner
city, low income, and disabled Californians. To
(d) 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)
(e) To promote lower prices, broader consumer choice, and
avoidance of anticompetitive conduct a level
playing field among providers .
(e)
(f) 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.
(g) To encourage fair treatment of consumers through provision of
sufficient information for making informed choices, establishment of
reasonable service quality standards, and establishment of processes
for equitable resolution of billing and service problems.
SEC. 2. Section 709.1 is added to the Public Utilities Code, to
read:
709.1. (a) No later than April 1, 2003, the commission shall
convene a proceeding to develop a plan for encouraging the widespread
availability of advanced telecommunications infrastructure. The
proceeding shall encourage participation that includes a broad cross
section of the telecommunications industries, including those
entities that the commission does not regulate, as well as users and
community representatives.
(b) The mission of the plan is to identify areas where
telecommunications infrastructure is inadequate, assess the
consequences of this inadequacy, and develop strategies for
encouraging the deployment of adequate investment.
(c) The commission shall submit to the Governor and Legislature a
report of its findings and recommendations by February 1, 2004.
(d) This section shall remain in effect only until January 1,
2005, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2005, deletes or extends
that date. Code, to read:
2890.2. The commission, in developing its telecommunications
priorities for the 21st century, shall do all of the following in
order to reaffirm the highest priority for maintaining the rights of
every citizen of the state to access quality telecommunications
services:
(a) Develop a strategy to ensure that consumer choice is provided
within a public policy framework that does not expose major segments
of the state's telecommunications market, particularly low-income
customers, to the development of a public infrastructure that is
likely to become inferior to information age infrastructure targeted
to more lucrative markets by competition.
(b) Articulate the vision of an improved telecommunications
infrastructure that actively considers the risks inherent in a purely
competitive policy that relegates the state's historical investment
in a copper transmission system to a second tier network as more
competitive fiber networks capture lucrative portions of the market.
(c) Encourage the development of a broadly accessible
telecommunications network, including an appropriate regulatory and
financial support structure and mechanism for utilization of public
and private partnerships, as needed, that ultimately leads to the
future development of an integrated voice, video, and data
telecommunications system.
(d) Develop a low income market plan that deploys innovative
strategies to serve low income consumers.
(e) Support the following general principles as the basic rights
of the state's consumers in the 21st century telecommunications
market:
(1) The right to products and services consistent with the state's
public trust obligation to universal, accessible, and affordable
telecommunications services.
(2) The right to quality service and performance of
telecommunications tools.
(3) The right to fair and honest treatment, including prompt and
equitable resolution of billing and service problems.
(4) The right to all public information that is necessary to allow
consumers to make timely and informed choices about
telecommunications products and services.
(5) The right to protect and preserve the confidentiality of
consumers' individual records and use patterns.
(6) The right to choose telecommunications services from among a
wide array of products and services accessible to all consumers.
(7) The right to be heard by telecommunications providers to
facilitate the development of fair and consumer friendly policy
formation by telecommunications providers.