BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 855
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          ASSEMBLY THIRD READING
          AB 855 (Firebaugh)
          As Amended June 2, 2003
          2/3 vote.  Urgency 

           UTILITIES AND COMMERCE     9-2  APPROPRIATIONS      17-7        
           
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          |Ayes:|Reyes, Richman,           |Ayes:|Steinberg, Berg, Kehoe,   |
          |     |Canciamilla, Jerome       |     |Corbett, Diaz, Firebaugh, |
          |     |Horton, Levine, Maddox,   |     |Goldberg, Leno, Nation,   |
          |     |Nunez, Ridley-Thomas,     |     |Chan, Nunez, Pavley,      |
          |     |Wolk                      |     |Ridley-Thomas, Simitian,  |
          |     |                          |     |Wiggins, Yee, Laird       |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Campbell, La Suer         |Nays:|Bates, Daucher, Haynes,   |
          |     |                          |     |Maldonado, Pacheco,       |
          |     |                          |     |Runner, Samuelian         |
           ----------------------------------------------------------------- 

           SUMMARY  :  Seeks to facilitate the placement of wireless  
          telecommunication towers and facilities on state-owned property  
          and to use a portion of new lease revenues from these facilities  
          to address the state's "digital divide." Specifically,  this  
          bill  : 

          1)Requires the Department of General Services (DGS) to compile,  
            maintain and prepare an inventory state-owned real property,  
            excluding state owned highway rights-of-way, that may be  
            available for lease to wireless telecommunications providers  
            for location of wireless telecommunications facilities and  
            make the inventory of available properties be put on DGS Web  
            site.

          2)Authorizes the Director of DGS to lease state-owned property  
            for wireless telecommunications facilities.

          3)Requires that 15% of revenues from new DGS leases pursuant to  
            #2 above are available upon appropriation for projects to  
            address the digital divide.  These revenues are to be  
            deposited in the newly established Digital Divide Account  
            within the California Teleconnect Fund Administrative  
            Committee Fund.









                                                                  AB 855
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          4)Establishes the Digital Divide Grant Program, under which the  
            Public Utilities Commission (PUC) shall award grants from the  
            Digital Divide Account on a competitive basis to non-profit  
            organizations for community technology training programs.

          5)Requires PUC to report to the Legislature and the Governor on  
            the effectiveness of the program annually.

          6)Takes effect immediately.

           EXISTING LAW  requires:  

           1)The Directors of DGS, with the approval of the state agency  
            concerned, and Transportation to negotiate access to  
            state-owned property, to include highway rights-of way.

          2)Provides that this requirement also applies to  
            telecommunications and information technologies.  

          3)The director of both agencies to determine the amount of  
            consideration for, and means of access to include lease permit  
            or other form of providing a monetary or service consideration  
            for the access.

          4)Requires PUC to develop a plan to encourage the widespread  
            availability and use of advance communications infrastructure  
            consistent with the state policy of bridging the digital  
            divide.

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee:

          1)One-time General Fund (GF) costs of around $25,000 each for  
            DGS to place its property inventory on their Web site and to  
            distribute materials to local governments.

          2)Caltrans indicates that it would incur significant costs to  
            determine which of its properties, including the state highway  
            system, are available for lease.

          3)Funding available for the digital divide grants would depend  
            on revenues from new DGS leases.  If current annual DGS lease  
            revenues of $1 million were to double (this would take a  
            number of years), then $150,000 would be available for the  
            grant program.  These revenues for grants would otherwise go  








                                                                  AB 855
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            to the General Fund.

          4)PUC would incur special fund costs of about $80,000 for one  
            staff to establish the grant program and ongoing costs of  
            about $40,000 to administer the program.  These costs are  
            greater than the 5% administrative costs authorized in this  
            bill.

           COMMENTS  :  According to the author and sponsors of this bill,  
          the intent of this bill is to improve the quality of cell phone  
          service in California by providing wireless telecommunications  
          carriers with an access to place wireless facilities on state  
          property while additionally providing an additional revenue  
          stream for the digital divide projects.  

          Proponents argue that there is excess state owned property that  
          can be used to cite new wireless facilities.  These facilities  
          are needed to reduce the number of dropped calls and the number  
          of "dead zones" where there is currently no wireless coverage.   
          This bill will open these locations for lease by the cellular  
          providers. 

          The revenue from these leases will be divided between the GF  
          (85%) and a new fund to be administered by the PUC (15%) which  
          will be used to fund competitive grants to fund programs aimed  
          at increase computer access in undeserved areas.

           
          Analysis Prepared by  :    Angela Haywood / U. & C. / (916)  
          319-2083 


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