BILL ANALYSIS                                                                                                                                                                                                                   1
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             SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
                            DEBRA BOWEN, CHAIRWOMAN
          

          SB 834 -  Bowen                                   Hearing  
          Date:  April 22, 2003                S
          As Amended:         April 10, 2003           FISCAL       B
                                                                       
            
                                                                       
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                                   DESCRIPTION
           
           Current law  declares it's the policy of the state of  
          California to: a) Encourage the ubiquitous availability of  
          a wide choice of state-of-the-art services; and, b) Promote  
          economic growth by encouraging the rapid implementation of  
          advanced communications technologies.

           This bill  requires the California Public Utilities  
          Commission (CPUC) to consider how to encourage more  
          competition in the high-speed communications services  
          industry and make appropriate recommendations to the  
          Legislature by July 1, 2004.

                                    BACKGROUND
           
          The late 1990's saw a burst of competitive activity in the  
          telecommunications industry as the federal  
          Telecommunications Act of 1996 opened the door to new  
          competitors.  From about a dozen competitors in 1996 to  
          over 150 in 1998 to nearly 500 in 1999, new competitors  
          installed thousands of miles of fiber optic line and  
          created many new services, such as digital subscriber line  
          (DSL).  

          At the turn of the century, the "dot com" boom went bust,  
          triggering a swift and drastic reduction in the need for  
          telecommunications capacity.  Once promising  











               telecommunications companies perished as their markets  
               vanished, as did their access to capital.  Making matters  
               worse were the high profile examples of corporate  
               misconduct, where some telecommunications competitors  
               participated in questionable, and some times fraudulent,  
               accounting practices.   By 2001, the 500 telecommunications  
               competitors had dwindled to less than 100.

               In some areas of the state, such as parts of San Diego and  
               Orange counties, there is relatively vigorous competition  
               on the high speed communications service front.  However,  
               it's just as common for customers to either have no choice  
               between DSL and cable broadband or no broadband service  
               available at all.  The CPUC noted in its 2002 Competition  
               Report that 24% of cities have no broadband service, 34%  
               have only DSL service, 18% have only cable broadband  
               service, and just 24% have a choice between DSL and cable  
               service.  Looking more closely within those two services,  
               there is little competition among DSL providers and among  
               cable providers.  The vast majority of residential DSL  
               service is provided by the incumbent local telephone  
               company (i.e., SBC and Verizon) and its affiliates, with  
               97% of residential broadband revenue going to the incumbent  
               and its affiliate.  Business DSL service is much more  
               competitive, with 59% of business DSL revenue going to the  
               incumbent and its affiliate.

               The availability of a widespread broadband infrastructure  
               has long been seen as a key to the next stage of growth of  
               the California economy.  In  Connecting to Compete in the  
               New Economy  , a report prepared for the Great Valley Center,  
               the authors note technology has the potential to transform  
               the Central Valley.  They see advanced an communications  
               infrastructure as the key technology to the area being able  
               to exploit its natural strengths in agriculture,  
               specialized manufacturing, warehousing, and distribution.   
               TechNet, the lobbying arm for the high tech industry, has  
               issued a call for a national broadband policy as a means of  
               staying competitive, educating the workforce, and  
               increasing productivity.

                                          COMMENTS
                
                Getting The Services  .  Current law is designed to encourage  










          a wide choice of state-of-the-art telecommunications  
          services, but as noted in the "Background" section and  
          during an informational hearing the committee held last  
          year, competition is more of a theory than a reality in  
          most parts of the state.

          This isn't to say there are no innovations on the horizon.   
          Wireless broadband service has started to become  
          commercially available and improved network technology may  
          improve data transmission capacity over existing  
          telecommunications networks.  The notion of delivering  
          broadband services over electric power lines looks  
          promising, though it's in the very early stages of  
          development.  

          This bill requires the CPUC to look at and develop ways it  
          can encourage more competition in the high speed  
          communications services business. 

                                    POSITIONS
           
           Sponsor:
           
          Author

           Support:
           
          None on file

           Oppose:
           
          None on file

          Randy Chinn 
          SB 834 Analysis
          Hearing Date:  April 22, 2003