BILL NUMBER: AB 1874	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 21, 2004
	AMENDED IN ASSEMBLY  APRIL 12, 2004
	AMENDED IN ASSEMBLY  MARCH 18, 2004

INTRODUCED BY   Assembly Member Cohn

                        FEBRUARY 3, 2004

   An act to add Section 14666.9 to the Government Code, and to amend
Section 671.5 of, and to add Section 679.1 to, the Streets and
Highways Code, relating to telecommunications.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1874, as amended, Cohn.  Telecommunications:  Information and
Advanced Communications Deployment Act of 2004.
   Existing law provides that the Department of Transportation shall
have full possession and control of the state highways and associated
property.  Existing law requires the department to approve or deny
an application from an applicant for an encroachment permit within 60
days of receiving a completed application that meets specified
requirements.  Existing law provides that the department's failure to
notify an applicant within the required time period that a permit is
denied is deemed to constitute approval of the permit. Existing law
authorizes an applicant for an encroachment permit to appeal to the
director of the department for a final determination of the
department's denial of an application.  Existing law requires the
director to make a final written determination within 60 days after
receipt of an applicant's appeal.  Existing law entitles a
city, municipal utility district, municipal water district, or
metropolitan water district to a blanket permit, renewable annually,
for the installation of its service connections and for ordinary
maintenance of its facilities located or installed in state highways.
Existing law authorizes the department to revoke the blanket permit
under certain conditions. 
   This bill would adopt the Information and Advanced Communications
Deployment Act of 2004.  The act would make it the public policy of
the state to, among other things, promote the availability of a wide
range of communications services to residents of California, to
improve the opportunities for economic development and delivery of
communications services, and to ensure that the rules, regulations,
and procedures for access to public rights-of-ways advance these
policies.  The bill would change the number of days the department
has to approve or deny an application for an encroachment permit and
the number of days the director has to make a final determination of
the applicant's appeal to 45 days.  The bill would also 
entitle   require an encroachment permit issued to 
a communications provider  to a blanket permit, renewable
annually,  for the installation of its  service
connections and for operational   facilities located or
installed in state highways to include provisions allowing the
provider to access the equipment for the purposes of operation, 
repair,  and  maintenance  , or alteration
 of  its   the  facilities
 and service connections located or installed in state
highways  . The bill would authorize the department to
revoke the  blanket  permit under certain
conditions.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


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


  SECTION 1.  The Legislature finds and declares the following:
   (a) Information and advanced communications services are the
foundations for California's continued technological and economic
leadership.  It has been estimated that the widespread deployment of
information and advanced communications services networks can
generate an increase of over $300 billion in incremental GSP and
nearly two million new jobs for the state of California over a
ten-year period.
   (b) Accelerated deployment of information and advanced
communication services infrastructure is a critical component of the
state's economic development and an improved quality of life for its
constituency.
   (c) Rights-of-way and public lands access is one of the most
important considerations for companies considering major new
investments in information and advanced communications services
infrastructure.  In order to encourage accelerated deployment of
information and advanced communications services in California, it is
important that rights-of-way access not be a barrier or impediment
to investment in broadband networks.
   (d) In order to support the goal of accelerated deployment of
information and advanced communications services, state entities
should ensure prompt access to public lands by expediting and
steamlining rights-of-way access for the deployment of information
and advanced communications services infrastructure.
  SEC. 2.  Section 14666.9 is added to the Government Code, to read:

   14666.9.  (a) This section shall be known, and may be cited as,
the Information and Advanced Communications Deployment Act of 2004.
   (b) It is the public policy of the state to do all of the
following:
   (1) Promote the availability of a wide range of communications
services to residents of this state at reasonable cost, including the
rapid accelerated deployment of information and advanced
communications services networks in the State of California.
   (2) Encourage the introduction of new services, the entry of new
providers, the development of new technologies, and increase
investment in the communication infrastructure of this state.
   (3) Improve the opportunities for economic development and the
delivery of communications services.
   (4) Ensure that the rules, regulations and procedures for access
to public rights-of-ways advance these policies.
   (c) Nothing in this section alters the rights provided to
telegraph or telephone corporations pursuant to Section 7901 of the
Public Utilities Code.
  SEC. 3.  Section 671.5 of the Streets and Highways Code is amended
to read:
   671.5.  (a) The department shall either approve or deny an
application from an applicant for an encroachment permit within 45
days of receiving a completed application, as determined by the
department.  An application for an encroachment permit is complete
when all other statutory requirements, including the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code), have been complied with.  The
department's failure to notify the applicant within that 45-day
period that the permit is denied shall be deemed to constitute
approval of the permit.  Thereafter, upon notifying the department,
the applicant may act in accordance with its permit application, as
if the permit had been approved.
   (b) If the department denies an application for an encroachment
permit, it shall, at the time of notifying the applicant of the
denial, furnish to the applicant a detailed explanation of the reason
for the denial.
   (c) The department shall adopt regulations prescribing procedures
for an applicant to appeal to the director for a final determination
of the department's denial of an application.  The appeal shall be
made in writing to the director.  There shall be a final written
determination by the director within 45 calendar days after receipt
of the applicant's written appeal.   The adopted regulations shall
require the appellant to pay to the department a fee of not more than
50 percent of the estimated administrative cost to the department of
conducting the appeal.
   (d) Nothing in this section precludes an applicant and the
department from mutually agreeing to an extension of any time limit
provided by this section.
  SEC. 4.  Section 679.1 is added to the Streets and Highways Code,
to read:
   679.1.   Any communications provider is entitled to a
blanket permit, renewable annually, for the installation of its
service connections and for operation, repair, maintenance, or
alteration of its facilities and service connections, located or
installed in state highways.  However, the department may revoke the
blanket permit if the permittee fails to comply with the provisions
of this article, after reasonable notice and opportunity to cure is
provided to the permittee.   An encroachment permit
issued to a communications provider for the installation of its
facilities located or installed in state highways shall include in
its terms provisions to allow the communications provider, upon
proper notice to the department, to access the equipment for the
purposes of operation, repair, and maintenance of those facilities.
The permit may be revoked if the permittee fails to comply with the
provisions of this article, after reasonable notice and opportunity
to cure is provided to the permittee.