BILL NUMBER: AB 1874 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 20, 2004
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.
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
require 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 from specified telephone
or telegraph corporations, and cable television corporations, within
45 days. The bill would also require an encroachment
permit issued to entitle a communications
provider to a permit, renewable annually, for the
installation operation, repair, maintenance, or minor
alteration of its facilities and service connections that
do not require excavation, located or installed in state
highways to include provisions allowing the provider to
access the equipment for the purposes of operation, repair, and
maintenance of the facilities . The bill would authorize
the department to revoke the 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) It is the intent of the Legislature to promote the
accelerated deployment of next-generation broadband networks in
California, irrespective of the technological platform used to deploy
those services in California, whether through wireless, Internet,
cable, satellite, or telecommunications networks.
(b) 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)
(c) 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)
(d) 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)
(e) 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 streamlining 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 60 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 60-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) The department shall either approve or deny an
application from a telephone or telegraph corporation, as defined in
Sections 234 and 236 of the Public Utilities Code, or a cable
television corporation, as defined in Section 215.5 of the Public
Utilities Code, who is 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.
(c) 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)
(d) 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)
(e) 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. 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. Any communications provider who receives,
or has received, an encroachment permit, is entitled to an annually
renewable permit for the operation, repair, maintenance, or minor
alteration of its facilities and service connections that do not
require excavation, located or installed in state highways. A
communications provider with an annually renewable permit shall give
notice to the department whenever it accesses its facilities that are
located or installed in state highways. The department may revoke
the permit if the permittee fails to comply with the provisions of
this article, after reasonable notice and an opportunity to cure is
provided to the permittee.