BILL NUMBER: SB 419 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 2, 2003
INTRODUCED BY Senator Scott
FEBRUARY 20, 2003
An act to add Section 720 to the Public Utilities Code, relating
to telecommunications.
LEGISLATIVE COUNSEL'S DIGEST
SB 419, as amended, Scott. Telecommunications.
Under existing federal law, the Federal Communications Commission
licenses and regulates providers of commercial mobile radio service.
Under existing federal law, no state or local government may
regulate the entry of or the rates charged by any commercial mobile
radio service, but is generally not prohibited from regulating the
other terms and conditions of commercial mobile radio service.
Existing federal law administered by the Federal Communications
Commission authorizes public safety agencies or entities to operate
radio communication systems on specified frequencies of the radio
spectrum and directs states to oversee interoperability of public
safety spectrum.
Existing law empowers the Public Utilities Commission to regulate
public utilities including telephone corporations. Existing law
requires telephone corporations that are commercial mobile radio
services providers to provide customer services.
Existing law provides that the Public Safety Radio Strategic
Planning Committee has the primary responsibility in state government
for developing and implementing a statewide integrated public safety
communication system for state government agencies that facilitates
interoperability and other shared uses of public safety spectrum with
local and federal agencies.
Existing law requires the Department of Justice to maintain a
statewide telecommunications system, known as the California Law
Enforcement Telecommunications System, for use by law enforcement
agencies, and requires the Attorney General to appoint an advisory
committee to assist with management of the system.
This bill would require the commission, in consultation with the
advisory committee on the California Law Enforcement
Telecommunications System and the Public Safety Radio Strategic
Planning Committee, through rules or other appropriate procedure, to
provide for the conversion from existing Cellular Digital Packet Data
telecommunications systems used by public safety departments, in a
manner that does not jeopardize the public safety or the safety of
employees of public safety departments. Because a violation of the
Public Utilities Act or an order of the commission is a crime under
existing law, the bill would impose a state-mandated local program by
creating a new crime.
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. The Legislature finds and declares all of the
following:
(a) Cellular Digital Packet Data (CDPD) is a wireless
telecommunications technology that most law enforcement agencies have
been utilizing to communicate from the mobile patrol field unit to
the law enforcement agency databases.
(b) CDPD allows access to vital information including Department
of Motor Vehicle files, California Law Enforcement Telecommunications
System information, individual department databases, and the
Internet.
(c) Over the past several years, law enforcement agencies have
made increased use of CDPD to enhance officer safety and to increase
efficiency, and law enforcement agencies have invested heavily in
infrastructure to support the system.
(d) American Telephone and Telegraph (AT&T) is the sole
(d) ATT Wireless (ATTW) is the largest provider of CDPD for
public safety departments in California .
(e) AT&T has announced that it will be phasing out CDPD for
(e) ATTW has announced that it is replacing CDPD with a
newer wireless telecommunications technology, known as Global Mobile
System/General Packet Radio Service (GMS/GPRS).
(f) AT&T ATTW has announced that it
will be accepting no new CDPD accounts after April 1, 2003,
and that it will be phasing out CDPD on July 1, 2004, for the newer
GMS/GPRS technology.
(g) The phase out of CDPD technology will negate years of
CDPD accounts after December 31, 2002, and that it
will be terminating CDPD service on July 1, 2004.
(g) The termination of CDPD service will negate years of
investment in CDPD infrastructure by public safety departments and
will necessitate purchases of new equipment at a time when
public safety departments are under critical financial constraints.
(h) With the phase out of the existing
termination of the CDPD technology in favor of the new GMS/GPRS
technology, AT&T ATTW also intends to
shift all accounts from a government flat rate to a usage
based usage-based rate, which will
could substantially increase operating costs.
(i) Because of the short notice provided public safety departments
by AT&T ATTW , those agencies will
have insufficient time to research the new technology for equipment,
determine whether the GMS/GPRS actually meets public safety
needs and functions in the manner promoted by ATTW, including, but
not limited to, sufficient radio coverage, find sources of
funds to purchase the necessary infrastructure, and to make budget
adjustments.
(j) The new GMS/GPRS network technology must be
approved by the California Law Enforcement Telecommunications System
advisory committee.
(k) The new GMS/GPRS technology only provides 68
64 bit encryption, but the California Department of
Justice requires 128 bit encryption and additional software will be
needed before the new technology satisfies the department's
security standards.
(l) The ability to have immediate exchange of mission critical
information has become a public safety necessity, particularly in an
era of heightened homeland security readiness.
(m) Although conversion to the newer GMS/GPRS is
may be in the public interest because it will
provide greater speed and information capacity, public safety
agencies have insufficient time to convert to the GMS/GPRS technology
or to seek alternatives to the ATTW offering , possibly
jeopardizing public safety and officer safety.
(n) It is anticipated that public safety departments will need
until at least July 1, 2007 to convert to the new GMS/GPRS
technology.
SEC. 2. Section 720 is added to the Public Utilities Code, to
read:
720. The commission, by rule or other appropriate procedure, and
in consultation with the advisory committee on the California Law
Enforcement Telecommunications System and the Public Safety Radio
Strategic Planning Committee, shall provide for the conversion from
existing Cellular Digital Packet Data telecommunications systems used
by public safety departments, in a manner that does not jeopardize
the public safety or the safety of employees of public safety
departments.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.