BILL NUMBER: SB 1563 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 7, 2002
AMENDED IN ASSEMBLY JUNE 27, 2002
AMENDED IN ASSEMBLY JUNE 18, 2002
AMENDED IN SENATE MAY 20, 2002
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
709.3 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 regarding described policies for
telecommunications in California.
This bill would include within those policies, assisting in
bridging the "digital divide" by encouraging expanded access to
state-of-the-art technologies for rural, inner-city, low-income, and
disabled Californians, and encouraging fair treatment of consumers
through consumer-oriented conduct.
The bill would also require the Public Utilities Commission, not
later than April 1, 2003, to convene a proceeding to develop a plan
for encouraging the widespread availability and use of
advanced telecommunications communications
infrastructure, and would require the proceeding to encourage
participation from a broad cross section of the
telecommunications communications industries,
including those entities that the commission does not regulate, as
well as users and community representatives. The bill would require
the commission to encourage participation by community-based
organizations, including nonprofit community technology programs, as
defined, and libraries.
The bill would require the commission to submit a report to the
Governor and the Legislature no later than December 31, 2004, of its
findings and recommendations regarding the plan, that identifies
areas where telecommunications infrastructure is inadequate,
factors preventing the ubiquitous availability and
use of advanced communications services, and assesses the
consequences of and develops strategies for addressing
this inadequacy , and develops strategies for
while encouraging the deployment of adequate investment.
The bill would provide that the provisions concerning the
commission's convening of a proceeding and the related report would
be repealed on January 1, 2005.
This bill would incorporate additional changes to Section 709 to
be operative if this bill and SB 1863 are enacted and become
effective on or before January 1, 2003, and this bill is enacted
last.
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 that
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 for 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
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 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 services to
all Californians.
(b) To focus efforts on providing educational institutions,
health care institutions, community-based organizations, and
governmental institutions with access to advanced telecommunications
services in recognition of their economic and societal impact.
(c) To encourage the development and deployment of new
technologies and the equitable provision of services in a way
which that efficiently meets consumer
need and encourages the ubiquitous availability of a wide choice of
state-of-the-art services.
(c)
(d) To assist in bridging the "digital divide" by encouraging
expanded access to state-of-the-art technologies for rural,
inner-city, low-income, and disabled Californians.
(e) 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)
(f) To promote lower prices, broader consumer choice, and
avoidance of anticompetitive conduct.
(e)
(g) 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.
(h) 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. 3. Section 709.3 is added to the Public Utilities Code,
to read:
709.3. (a) (1) No later than April 1, 2003, the commission shall
convene a proceeding to develop a plan for encouraging the widespread
availability of advanced telecommunications
and use of advanced communications infrastructure. The
proceeding shall encourage participation that includes a broad cross
section of the telecommunications
communications industries, including those entities that the
commission does not regulate, as well as users and community
representatives. The commission shall also encourage participation
by community-based organizations, including, but not limited to,
nonprofit community technology programs and libraries ,
that have demonstrated success in assisting low-income
residents in bridging the digital divide.
(2) For the purposes of this section, "nonprofit community
technology program" means a community-based nonprofit organization
that is exempt from taxation under Section 501(c)(3) of the Internal
Revenue Code and engages in diffusing technology into local
communities and training local communities that have no access to, or
have limited access to, the Internet and other technologies.
(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.
factors preventing the ubiquitous availability and use of advanced
communications services, assess the consequences of, and develop
strategies for, addressing these factors while encouraging the
deployment of adequate investment for advanced communications
infrastructure that serves the public good and is consistent with the
policies described in Section 709.
(c) The commission shall submit a report of its findings and
recommendations to the Governor and Legislature, not later than
December 31, 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.
SEC. 4. Section 2 of this bill incorporates amendments to Section
709 of the Public Utilities Code proposed by both this bill and SB
1863. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2003, (2) each bill
amends Section 709 of the Public Utilities Code, and (3) this bill is
enacted after SB 1863, in which case Section 1 of this bill shall
not become operative.