BILL NUMBER: AB 1874 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 18, 2004
INTRODUCED BY Assembly Member Cohn
FEBRUARY 3, 2004
An act to add Section 7915 to the Public Utilities
14666.9 to the Government Code, relating to
telecommunications.
LEGISLATIVE COUNSEL'S DIGEST
AB 1874, as amended, Cohn. Telecommunications: Broadband
Deployment Act of 2004.
Existing law requires the Director of General Services, 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 the
director to be in the interest of the state. Existing law provides
that this requirement to negotiate access applies to
telecommunications and information technologies. Existing law
requires that, to the extent permitted under existing law, the
Director of General Services determine the amount of consideration
for, and the means of access, which includes, but is not limited to,
a lease, permit, or other form of providing a monetary or service
consideration for the access.
Existing law imposes similar requirements on the Director of
Transportation with respect to state-owned highway rights-of-way.
Existing law requires the Director of General Services to compile
and maintain an inventory of state-owned real property, excluding
certain property, that may be available for lease to providers of
wireless telecommunications services for location of wireless
telecommunications facilities, and to provide a requesting party,
upon payment of any applicable fee, with a copy of the inventory.
This bill would adopt the Broadband Deployment Act of 2004 to
require the Director of General Services, in consultation with the
Director of Transportation, to develop a standardized application
form to be used by a provider of telecommunications or information
technologies for contracting with the director for access to
state-owned property or for contracting with the Director of
Transportation for access to state-owned highway rights-of-way. The
bill would require The Director of General Services and the Director
of Transportation to promptly and reasonably act upon an application
for access to state-owned property or highway rights-of-way, to
approve or deny an application within 45 days of the making of the
application, and where an application is denied because it is
incomplete, require that the denial identify what additional
information or other matter is necessary to complete the application.
The bill would require the Director of General Services and the
Director of Transportation to adopt standardized contractual
provisions to be included in a contract for access to state-owned
property or a state-owned highway right-of-way, that require
restoration of the property to preexisting condition, establish a
construction schedule, and any other terms necessary to ensure that
public disruption is minimized, while providing reasonable access to
state properties and state highway rights-of-way for the expansion of
telecommunications and information technologies infrastructure. The
bill would provide for mediation and arbitration of any disputes.
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 no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7915 is added to the Public Utilities
14666.9 is added to the Government Code, to
read:
7915.
14666.9. (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.
(b) In consultation with the Director of Transportation, the
director shall develop a standardized application form to be used by
a provider of telecommunications or information technologies for
contracting with the director for access to state-owned property or
for contracting with the Director of Transportation for access to
state-owned highway rights-of-way.
(c) (1) The director shall promptly and reasonably act upon an
application for access to state-owned property. The director shall
approve or deny an application within 45 days of the filing of the
application. If the application is denied because it is incomplete,
the denial shall identify what additional information or other matter
is necessary to complete the application.
(2) The Director of Transportation shall promptly and reasonably
act upon an application for access to state-owned highway
rights-of-way. The Director of Transportation shall approve or deny
an application within 45 days of the filing of the application. If
the application is denied because it is incomplete, the denial shall
identify what additional information or other matter is necessary to
complete the application.
(d) (1) The director shall adopt standardized contractual
provisions to be included in a contract for access to state-owned
property that require restoration of the property to preexisting
condition. Every contract shall contain an agreed upon construction
schedule and any other terms necessary to ensure that public
disruption is minimized while providing reasonable access to state
properties for the expansion of telecommunications and information
technologies infrastructure.
(2) The Director of Transportation, in consultation with the
director, shall adopt standardized contractual provisions to be
included in any contract for access to state-owned highway
rights-of-way, that minimize disruption to state-owned highway
rights-of-way, that require reasonably prompt repair of any surface
or subterranean damage or disruption to the rights-of-way, and that
will restore the rights-of-way to preexisting condition. Every
contract shall contain an agreed upon construction schedule and any
other terms necessary to ensure that public disruption is minimized
while providing reasonable access to state-owned highway
rights-of-way for the expansion of telecommunications and information
technologies infrastructure.
(e) (1) If the applicant and the director are unable to reach
agreement on a construction schedule, contractual terms necessary to
ensure that public disruption is minimized, contractual terms for
restoration of the property to preexisting condition, or any other
contractual terms the director seeks to impose to protect the public
health, safety, and welfare, the applicant may request appointment of
a mediator.
(2) If the applicant and the Director of Transportation are unable
to reach agreement on a construction schedule, contractual terms
necessary to ensure that public disruption is minimized, contractual
terms for restoration of the state-owned highway rights-of-way to
preexisting condition, or any other contractual terms the Director of
Transportation seeks to impose to protect the public health, safety,
and welfare, the applicant may request appointment of a mediator.
(3) The director shall establish procedures for the qualification
and appointment of mediators. A mediator shall be appointed within
seven days of the applicant requesting appointment and the mediator
shall promptly commence the mediation process and if the mediation is
unsuccessful in resolving any dispute, issue recommendations within
30 days for a resolution of any disagreement.
(4) If either party is unwilling to accept the recommendations of
the mediator for resolution of the dispute, the party may within 30
days of receipt of the recommendations, request binding arbitration.
The director shall establish procedures for the appointment of
impartial third party arbitrators and may contract with an
established existing arbitration service to perform the arbitrations.
The rules shall provide for prompt appointment of an arbitrator,
that the arbitration be concluded and an award issued within 60 days.
The parties may agree to one extension for up to 30 days for
conclusion of the arbitration process.