BILL ANALYSIS                                                                                                                                                                                                           1
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                 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

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                                       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