BILL ANALYSIS                                                                                                                                                                                                    




                                                                  SB 720
                                                                  Page A
          Date of Hearing:  July 7, 2003

                    ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
                                 Sarah Reyes, Chair
                      SB 720 (Bowen) - As Amended:  July 1, 2003

           SENATE VOTE  :  34-1
           
          SUBJECT  :  Telecommunications services.

           SUMMARY  :  Provides for payment of installation costs and  
          discounts for use of high speed Internet services for schools,  
          libraries, community-based organizations (CBOs), and hospitals  
          owned by cities or counties.  Specifically,  this bill  :   

          1)Clarifies that advanced telecommunications services eligible  
            for discounted rates through the California Teleconnect Fund  
            (CTF) include high-speed communications services such as  
            digital subscriber line (DSL)<1> and T1<2> services. 

          2)Specifies that if the money expended from CTF is less than  
            what is appropriated for the 2003-04 and 2004-05 fiscal years,  
            that the California Public Utilities Commission (PUC) may make  
            a one-time expenditure to cover up to 90 percent of the costs  
            of installing advanced telecommunications services at schools,  
            libraries and CBOs. 

          3)Specifies that the incremental cost of the one-time  
            expenditure may not exceed $3,000,000 over the discounts  
            available under existing programs of PUC. 

          ---------------------------
          <1> DSL is a high-speed connection to the Internet that can  
          provide from 6 times to up to 30 times the speed of current  
          56k-modem technology.  The DSL line connects using the existing  
          copper telephone lines.  A person can talk on the same phone  
          line while connected by DSL to the Internet.

          <2> T1 is a high-speed digital network (1.544 mbps) started by  
          AT&T in the early 1960's to support long haul digitized voice  
          transmission.  Phone companies move nearly all voice traffic as  
          digital rather than analog signals.   A T1 line is either a  
          fiber optic or copper line that can carry 24 digital voice or  
          data channels at high speeds.  A T1 line can carry about 192,000  
          bytes per second -- roughly 60 times more data than a normal  
          residential modem.








                                                                  SB 720
                                                                  Page B
           EXISTING LAW  :

          1)Declares the policies for telecommunications in California,  
            which include:

             a)   A commitment to universal service.

             b)   Encouraging development and deployment of new  
               technologies in a way that encourages availability of a  
               wide choice of state-of-the-art services.

             c)   Promoting economic growth, job creation, and the like by  
               adequate long-term investment in the necessary  
               infrastructure.

             d)   Promoting lower prices, broader consumer choice, and  
               avoiding anti-competitive conduct.

             e)   Promoting competition to encourage efficiency, lower  
               prices and consumer choice.

          2)Declares legislative intent that PUC should provide nonprofit  
            community technology programs with discounts comparable to  
            those that are provided to schools and libraries to address  
            the inequality of access to advanced telecommunication  
            services

           FISCAL EFFECT  :  Unknown.

           COMMENTS  :   

          Nine years ago, the Legislature passed AB 3643 (Moore),<3> which  
          declared that state action was necessary to prevent society from  
          splitting into two different "information worlds," one that was  
          information rich, and the other that was information poor.

          AB 3643 directed PUC to examine this "digital divide" issue and  
          look at universal service in the context of changes in  
          technology and information availability.  The bill declared that  
          "Universal Service must be defined in a way that ensures all  
          segments of California society have access to the technology  
          that will allow them to enjoy the benefits of the Information  
          Age and the Information Superhighway."  Among the principles in  


          ---------------------------
          <3> Chapter 278, Statutes 1994.









                                                                  SB 720
                                                                  Page C
          the bill was that "health care, community, and government  
          institutions be early recipients of the benefits of the  
          Information Age."

          PUC later created CTF.  This fund, currently budgeted at $57.125  
          million annually and funded by a 0.31 percent surcharge on  
          telephone bills, provides funding for telephone service  
          discounts of 50 percent to schools and libraries, and 25 percent  
          to community-based organizations.  Since its inception, more  
          than 99 percent of the program funds have gone to discounts for  
          schools and libraries.

          CTF is intended to provide discount access to advanced  
          communications services.  This bill clarifies that advanced  
          communications services include DSL.  DSL provides a fast  
          connection that is useful when accessing the Internet.  There  
          are approximately 1.4 million DSL lines in California, with  
          approximately one in ten homes and businesses having DSL. 

          In 1996, Congress enacted legislation similar to AB 3643,  
          requiring schools, health care providers, and libraries to be  
          provided access to advanced communications services.  The  
          resulting program, known as the e-rate program, provides $2.25  
          billion in telecommunication service discounts nationwide.

          SB 1863 (Bowen), Chapter 308, Statutes of 2002, codified the  
          language upon which CTF is based. 

          Until earlier this year, entities seeking discounted rates  
          submitted applications to telecommunications carriers, which in  
          turn were responsible for forwarding completed applications to  
          PUC.  PUC changed this process in May 2003 such that applicants  
          are no longer required to submit applications to  
          telecommunications carriers.  The telephone carriers are no  
          longer involved in the application process.  All applications  
          are filed with PUC.

           Budget and Fiscal Issues

           Legislation enacted in 1999<4> requires money in CTF and five  
          other funds may only be expended upon appropriation in the  
          annual Budget Act, whereas these funds were formerly managed by  
          PUC outside the annual budget process.




          ---------------------------
          <4> SB 669 (Polanco) [Chapter 677, Stats. 1999].








                                                                  SB 720
                                                                  Page D
          There is a current surplus in CTF that exceeds $200 million.   
          The Budget Conference Committee working on the 2003-04 budget  
          bill recently transferred $150 million from CTF to the General  
          Fund as a loan, leaving PUC with a reduced pool of money from  
          which to draw upon (~ $50 million) to help finance the  
          installation of advanced telecommunications services.  

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          California Community Technology Policy Group
          California County Superintendents Educational Services  
          Association
          Cisco System's
          Digital California Project (of the Corporation for Network  
          Education Initiatives in California)
          Monterey Peninsula College's
          Pomona Unified School District
          SBC
          Ventura County Superintendent of Schools Office (Information  
          Technology Services)

           Opposition 
           
          None on File.


           Analysis Prepared by  :    Paul Donahue / U. & C. / (916) 319-2083