BILL ANALYSIS
Bill No: AB
855
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Edward Vincent, Chair
2003-2004 Regular Session
Staff Analysis
AB 855 Author: Firebaugh
As Amended: June 2, 2003
Hearing Date: July 1, 2003
Consultant: Art Terzakis
SUBJECT
Wireless Telecommunications: access to state property
DESCRIPTION
AB 855 is an urgency measure that creates a framework for
access to state-owned real property by providers of
wireless telecommunications services and generates funding
for community technology programs in under served
communities. Specifically, this measure:
1. Requires the Director of General Services (DGS) to
compile and maintain an inventory of state-owned real
property (excluding state-owned highway rights-of-way)
that may be available for lease to providers of wireless
telecommunications services for location of wireless
telecommunications facilities.
2. Requires DGS to place the inventory on the department's
website and authorizes DGS to negotiate and enter into
agreements to lease state-owned property for wireless
telecommunications facilities.
3. Stipulates that any such lease agreement must: (a)
contain an acceptable lease term and provide for a
reasonable rental fee paid to the state; (b) provide for
use of the wireless provider's facilities located on
state property by any appropriate state agency; and, (c)
promote, if possible, agreements among providers for
co-location of their facilities.
AB 855 (Firebaugh) continued
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4. Requires that 15% of the revenues collected pursuant to
this bill be available, upon appropriation by the
Legislature, for the purpose of addressing the state's
"digital divide."
5. Also, requires that the revenues described in item #4
above be deposited in a newly created Digital Divide
Account within the California Teleconnect Fund
Administrative Committee Fund.
6. In addition, 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
the purpose of funding "community technology programs."
7. Defines "community technology programs" and "digital
divide projects" for purposes of the bill and requires
the PUC to report to the Legislature and Governor on an
annual basis on the effectiveness of the program.
PRIOR/RELATED LEGISLATION
AB 468 (Firebaugh) 2001-2002 Session. Similar to AB 855
(Firebaugh) of 2003. (Vetoed by Governor? on the basis
that placing telecommunications facilities on state
property in local communities would thwart the
discretionary review of local governments and that
depositing the revenues into a new digital divide account
was akin to transferring revenue from the General Fund.)
AB 1150 (Firebaugh) 2001-02 Session. Similar to AB 855 of
2003 and AB 468 of 2002 authored by Mr. Firebaugh. (Held
in Assembly Appropriations Committee)
SB 678 (Polanco) Chapter 676 Statutes of 1999. Among other
things, authorized the Director of DGS, to negotiate in the
name of the state and in the interest of the state, access
to state-owned property, not used for highway purposes, for
various telecommunications and information technologies.
Also, required the Director of Caltrans to similarly
negotiate access to state-owned "highway" rights-of-way, as
specified.
SB 1166 (Bowen) 1999-2000 Session. Would have authorized
AB 855 (Firebaugh) continued
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Caltrans to enter into agreements to allow the installation
of telecommunications infrastructure on Caltrans facilities
and structures, and in state freeway and state highway
rights-of-way, if a determination was made that they could
be safely installed, operated and maintained. (Failed
passage in Senate Transportation Committee)
EXISTING LAW
Existing law requires DGS, with the approval of the state
agency concerned, to negotiate, in the name of the state,
access to state-owned property not used for highway
purposes, for those purposes and subject to those
conditions, limitations, restrictions, and reservations,
determined by DGS to be in the interest of the state. This
requirement to negotiate access applies to
telecommunications and information technologies. Existing
law requires, to the extent permitted under existing law,
DGS to determine the amount of consideration for, and means
of access, including, but not limited to, lease, permit, or
other form of providing a monetary or service consideration
for the access.
Existing law also imposes similar requirements on the
Director of Caltrans with respect to state-owned highway
rights-of-way.
Existing law requires the PUC to develop a plan to
encourage the widespread availability and use of advanced
communications infrastructure consistent with the state
policy of bridging the "digital divide."
BACKGROUND
According to the author's office, this measure is intended
to provide wireless telecommunications providers the
ability to locate cellular towers on state-owned property
and generate additional revenue for "digital divide"
projects in under-served communities throughout the state.
The author's office maintains that making state property
available for such leases will help expedite the deployment
of wireless communication service and minimize the
aesthetic impact of these facilities. The author's office
also points out that this measure has been carefully
drafted to address the concerns raised by the Governor in
his veto of AB 468 of the previous legislative session.
AB 855 (Firebaugh) continued
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Arguments in Support: Proponents emphasize that AB 855
will:
Help increase use of excess state property by the
wireless industry and generate new revenue for the state.
Help streamline the manner in which the wireless industry
obtains state property leases.
Help increase the service quality and capacity of the
wireless industry throughout the state which can be
critical in times of disaster or emergency situations.
Help ensure that all Californians have access to state
resources such as e-government kiosks and computer
centers and help enhance the academic performance of
school children.
Arguments in Opposition: Opponents argue that this measure
would provide them with little input relative to the
approval process of telecommunications facilities and open
the door to significant local aesthetic impacts.
SUPPORT: As of June 27, 2003:
AT&T Wireless
California Community Technology Policy Group
The Children's Partnership
Cingular Wireless
CompuMentor
Crescent Park Multi-Cultural Family Resource Center
New Directions, Inc.
Nextel Communications
Richmond District Neighborhood Center
San Diego Community Technology Coalition
Sprint
T-Mobile USA, Inc.
Verizon Wireless
Western Addition Community Technology Center
Women's Building (San Francisco, Ca)
Youth Opportunities Unlimited Inc.
AB 855 (Firebaugh) continued
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OPPOSE: As of June 27, 2003:
City of Fountain Valley
Town of Apple Valley
DUAL REFERRAL: Senate Energy, Utilities and Communications
FISCAL COMMITTEE: Senate Appropriations Committee
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