BILL NUMBER: SB 1563 CHAPTERED
BILL TEXT
CHAPTER 674
FILED WITH SECRETARY OF STATE SEPTEMBER 18, 2002
APPROVED BY GOVERNOR SEPTEMBER 17, 2002
PASSED THE SENATE AUGUST 30, 2002
PASSED THE ASSEMBLY AUGUST 23, 2002
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, 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
communications infrastructure, and would require the proceeding to
encourage participation from a broad cross section of the
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
factors preventing the ubiquitous availability and use of advanced
communications services, and assesses the consequences of and
develops strategies for addressing this inadequacy 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be repealed on January 1, 2005.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.
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 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 that
efficiently meets consumer need and encourages the ubiquitous
availability of a wide choice of state-of-the-art services.
(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.
(f) To promote lower prices, broader consumer choice, and
avoidance of anticompetitive conduct.
(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 and use of advanced communications infrastructure. The
proceeding shall encourage participation that includes a broad cross
section of the 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 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.