BILL NUMBER: AB 1874	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Cohn

                        FEBRUARY 3, 2004

   An act to add Section 7915 to the Public Utilities Code, relating
to telecommunications.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1874, as introduced, Cohn.  Telecommunications:  Broadband
Deployment Act of 2004.
   Under existing law, the Federal Communications Commission licenses
and partially regulates providers of commercial mobile radio
service, including providers of cellular radiotelephone service,
broadband Personal Communications Services (PCS), and digital
Specialized Mobile Radio (SMR) services.
   Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including telegraph and telephone
corporations, except to the extent regulation of commercial mobile
radio service is preempted by federal regulation.  Under existing
law, the commission is required, unless excepted, to issue a
certificate of public convenience and necessity for the construction
of a line, plant, or system.
   Under existing law, the legislative body of a local government is
authorized to grant franchises for the construction of public
utilities and to permit the construction and maintenance of telegraph
and telephone lines.
   This bill would require that a city, county, or city and county,
act within a specified time, upon an application by a mobile
telephony services provider, defined to include cellular radio
telephone service, PCS, and SMR, for a building permit, right-of-way
permit, or other necessary authorization to erect poles or towers for
the transmission of radiowaves to service existing or potential
customers, and would authorize any additional cost incurred by the
city, county, or city and county to comply with this requirement to
be reflected in the fees charged mobile telephony services providers
for making an application.  The bill would require the commission to
establish a standardized process to be utilized by a mobile telephony
services provider in making an application to a city, county, or
city and county for a building permit, right-of-way permit or other
necessary authorization to erect poles or towers for the transmission
of radiowaves to service existing or potential customers.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 7915 is added to the Public Utilities Code, to
read:
   7915.  (a) This section shall be known, and may be cited, as the
Broadband Deployment Act of 2004.
   (b) For purposes of this section, "mobile telephony services"
means commercially available interconnected mobile phone services
that provide access to the public switched telephone network (PSTN)
via mobile communication devices employing radiowave technology to
transmit calls, including cellular radiotelephone, broadband Personal
Communications Services (PCS), and digital Specialized Mobile Radio
(SMR). "Mobile telephony services" does not include mobile satellite
services or mobile data services used exclusively for the delivery of
nonvoice information to a mobile device.
   (c) A city, county, or city and county shall, within ___ days, act
upon any application by a mobile telephony services provider for a
building permit, right-of-way permit, or other necessary
authorization to erect poles or towers for the transmission of
radiowaves to service existing or potential customers.  If the
application for a permit or other necessary authorization is denied
because it is incomplete, the denial shall identify what additional
information or other matter are necessary to complete the
application.  Any additional costs incurred by a city, county, or
city and county as a result of compliance with this section, may be
reflected in the fees charged mobile telephony services providers for
making an application.
   (d) The commission, by rulemaking or other appropriate procedure,
shall establish a standardized process to be utilized by a mobile
telephony services provider in making an application to a city,
county, or city and county for a building permit, right-of-way permit
or other necessary authorization to erect poles or towers for the
transmission of radiowaves to service existing or potential
customers.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.