BILL ANALYSIS 1 1 SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE DEBRA BOWEN, CHAIRWOMAN AB 1457 - Utilities & Commerce Hearing Date: June 10, 2003 A As Amended: April 22, 2003 FISCAL/URGENCY B 1 4 5 7 DESCRIPTION Current law authorizes a program to ensure rates for local telephone service offered by small rural telephone companies are affordable. This bill transfers $2.5 million from the California High-Cost Fund-A Administrative Committee Fund to the California Public Utilities Commission (CPUC) so it can then transfer the money owed to those telephone companies that are providing services in high-cost areas. BACKGROUND California has over 20 small rural telephone companies. Because these companies lack the scale of the larger local telephone companies, such as SBC and Verizon, and because their service territories are in more costly-to-serve rural areas, the rates these companies have to charge their customers are generally higher. In keeping with California's long-held commitment to universal service, the Legislature created a program to ensure local telephone rates for these rural companies are affordable. This program, known as the California High-Cost Fund-A, provides subsidies to those companies that are financed by surcharges imposed on all telephone bills. Funding for this program was administered and controlled by the CPUC until 1999 when SB 669 (Polanco), Chapter 677, Statutes of 1999, transferred the funds to the state treasury and made the expenditure of the funds subject to the state budget. In the 2001-02 fiscal year, the CPUC miscalculated the telephone company claims on the fund because of a change in accounting methods from a cash to an accrual basis, leaving the fund short by about $2.5 million. As a result, the telephone companies that have delivered the service haven't been paid the subsidies they're authorized by law to receive from the High-Cost A Fund. Amounts owed range from $873,000 for Sierra Telephone to $16,000 for Pinnacles Telephone. This funding shortage wasn't identified early enough to use the Section 27 budget process, and while adequate reserves exist to pay the claims without raising the fund surcharge, the Department of Finance has advised that a statute is required to authorize payment. COMMENTS 1)If It's Good For The Goose . . . Two other telecommunications funds, the California High-Cost Fund-B Administrative Fund and the Universal Lifeline Telephone Service Fund, face similar shortfalls of $39 million and $6 million respectively. Since this bill is primarily a technical measure to allow money that is already owed and due under the law to be transferred to the appropriate account so it can pay for services that have already been rendered, the author and committee may wish to consider amending the measure to include similar appropriations for the two funds noted above. 2)State Budget . The issue of the shortfall in these various funds has been raised in the state budget deliberations. On June 6, the Budget Conference Committee adopted the Assembly version of the budget to appropriate the money necessary to cover the shortfall in all three funds. To guard against appropriating monies for this purpose in both the budget and in this bill, the author and committee may wish to consider including a contingent non-enactment provision in this bill. Such a provision would make this bill ineffective should the 2003-2004 budget appropriate funding to cover the shortfall. 3)Related Legislation . AB 1292 (Campbell), which sought to continuously appropriate the funds for these programs and take them out of the state budget process, was heard and defeated in the Assembly Utilities and Commerce Committee on April 28. 4)Technically Speaking . The purpose of this bill is to appropriate adequate funds to allow the CPUC to make good on expenses incurred by telephone companies in the 2001-2002 fiscal year in fulfilling their obligations under the High Cost Fund-A program. The author and committee may wish to consider specifying that in Section 1 of the bill by making the following change: Page 2, Line 6: delete "Chapter 1.5 ?" through the end of the sentence, and replace with "Section 275 of the Public Utilities Code for costs incurred for the 2001-02 fiscal year." ASSEMBLY VOTES Assembly Floor (73-0) Assembly Appropriations Committee (24-0) Assembly Utilities and Commerce Committee (14-0) POSITIONS Sponsor: California Telephone Association Kerman Telephone Company Support: None on file Oppose: None on file Randy Chinn AB 1457 Analysis Hearing Date: June 10, 2003