BILL NUMBER: SB 1563	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 30, 2002
	AMENDED IN SENATE  APRIL 22, 2002

INTRODUCED BY   Senator Polanco

                        FEBRUARY 20, 2002

   An act 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:  services.
   Existing law, the Public Utilities Act, sets forth the findings
and declarations of the Legislature  that a policy 
 regarding described policies  for telecommunications in
California  is to, among other things, promote the avoidance
of anticompetitive conduct  .
   This bill, in addition  to existing policies , 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,  and  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  within the listing of the policies  .
   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proceeding and the related report would be repealed on January 1,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.
   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 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.
   (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.
   (e) To promote lower prices, broader consumer choice, and 
a level playing field among providers.   avoidance of
anticompetitive conduct. 
   (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.