BILL ANALYSIS
AB 1874
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Date of Hearing: April 19, 2004
ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
Sarah Reyes, Chair
AB 1874 (Cohn) - As Amended: April 12, 2004
SUBJECT : Telecommunications: Information and Advanced
Communications Deployment Act of 2004.
SUMMARY : Grants a communications provider an entitlement to a
blanket permit for the installation operation, repair,
maintenance, or alteration of its equipment located or installed
on state highways. Requires the California Department of
Transportation (CalTrans) to either approve or deny an
application for an encroachment permit within 45 days of
receiving a completed application. Specifically, this bill :
1)States that it is the public policy of the state to promote
the availability of a wide range of communication services; to
encourage the introduction of new services, the entry of new
providers, the development of new technologies, and increase
investment in communication; and ensure that the rules,
regulations and procedures for access to public rights of way
advances these policies.
2)Requires CalTrans to approve or deny an application for an
encroachment permit within 45 days of receiving a completed
permit.
3)Entitles any communications provider to receive a blanket
permit, renewable annually, for the installation of its
service connections and for operation, repair, maintenance, or
alteration of its facilities and/or service connections,
located or installed in state highways. Such permits may be
revoked if the permittee fails to comply with requirements of
the Streets and Highway Code.
EXISTING LAW:
1)Provides that telephone or telegraph corporations may
construct lines along or upon any public road or highway.
2)Authorizes CalTrans to issue written permits to allow a party
to place, change, or renew an encroachment.
AB 1874
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3)Provides that CalTrans shall improve or deny an application
for an encroachment permit within 60 days of receiving a
completed permit.
4)Provides that any city, municipal utility district, municipal
water district or metropolitan water district is entitled to a
blanket permit, for the installation of its service
connections and for ordinary maintenance of its facilities
located or installed in State highways.
FISCAL EFFECT : Unknown.
COMMENTS : This bill continues a tradition of legislation to
create a statewide policy to advance the deployment of advance
communications technologies on state lands. As far back as
1850, the then territory of California provided that highway
rights of way shall be made available for the installation of
telegraph lines. Over time this provision has been amended and
interpreted by the courts to allow all telephone and telegraph
companies to install equipment on public roads and highways and
only pay the state or local government for the costs of repair
and maintenance of the right of way.
More recently, AB 885 (Firebaugh), Chapter 820, Statutes of
2003, and AB 468 (Firebaugh) (2002), created or attempted to
create mechanisms to make it easier for companies to install
cell phone towers on state land.
Recently, telephone companies have complained that the state has
at times made it difficult for them to install next generation
technologies such as fiber optic cables across the state. One
example is an extended fight between SBC Communications and
CalTrans over the installation of broadband cables along Highway
101 to provide advanced services to residents of the North Coast
region. The fight centered over access rights to Caltrans
property and has potentially delayed deployment of broadband
infrastructures to the North Coast by several years.
According to the author's office and the sponsor, this bill will
help resolve problems like these by eliminating impediments to
the installation of communications services on state highways.
This bill will provide for a simpler more effective way for
telecommunications providers to access public rights of way.
Blanket Permit?
AB 1874
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This bill provides that any communications provider may receive
a "blanket permit" for the installation of its service
connections and for operation, repair, maintenance, or
alteration of its facilities located or installed in state
highways. However, there is no definition in code of what a
"blanket permit" entails.
The author states that the intent of offering a blanket permit
is to provide communications companies the opportunity to access
and maintain equipment that is already installed on state
highways without seeking an additional permit. In order to more
effectively address this intent, the committee may wish to
consider amending this bill to clarify that an encroachment
permit for the installation of a communications equipment shall
also provide the communications company with the right, upon
notice to CalTrans, to access equipment for the purpose of
repair, maintenance and alterations.
REGISTERED SUPPORT / OPPOSITION :
Support
American Electronics Association (Sponsor)
Cellular Telecommunications & Internet Association
AT&T
Verizon Wireless (Support as Amended)
Tech Net
SBC
MCI
Opposition
None on file.
Analysis Prepared by : Edward Randolph / U. & C. / (916)
319-2083