BILL ANALYSIS                                                                                                                                                                                                    



                                                                       


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                                 THIRD READING


          Bill No:  SB 1276  
          Author:   Bowen (D)
          Amended:  4/1/04
          Vote:     27

           
           SENATE ENERGY, U.&C. COMMITTEE  :  5-1, 4/13/04
          AYES:  Bowen, Alarcon, Dunn, Murray, Sher
          NOES:  McClintock
          NO VOTE RECORDED:  Morrow, Battin, Vasconcellos

           SENATE APPROPRIATIONS COMMITTEE  :  8-2, 5/3/04
          AYES:  Alpert, Aanestad, Bowen, Burton, Escutia, Karnette,  
            Machado, Murray
          NOES:  Battin, Ashburn
          NO VOTE RECORDED: Johnson, Poochigian, Speier


           SUBJECT  :    Telecommunications:  telephone service rates

           SOURCE  :     Author


           DIGEST  :    This bill extends, from January 1, 2005 to  
          January 1, 2009, the requirement that the State Public  
          Utilities Commission maintain a program that establishes a  
          telephone rate structure designed to reduce disparities in  
          (1) rates charged by small, independent telephone  
          corporations serving rural areas, referred to as California  
          High-Cost Fund A, and (2) rates charged by larger telephone  
          companies in other high-cost areas, referred to as  
          California High-Cost Fund B.  The programs, which provide  
          subsidies to eligible telephone companies, are funded with  
          surcharges imposed on telephone bills.
                                                           CONTINUED





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           ANALYSIS  :    Current law requires the State Public  
          Utilities Commission (PUC) to develop a program to ensure  
          universal telephone service is provided in high-cost areas  
          at affordable rates.  This requirement expires on January  
          1, 2005.

          This bill extends that requirement until January 1, 2009.

           Background

           California has a long tradition of supporting universal  
          telephone service.  This tradition extends to rural areas  
          in the state and manifests itself in two separate programs,  
          each dependent on the same statute.  The California High  
          Cost Fund - A (CHCFA) is a program which subsidizes 17  
          small, rural local telephone companies:

           1.  Calaveras Telephone Company
           2.  California-Oregon Telephone Company
           3.  Citizens Telecommunications Company of the Golden  
          State
           4.  Citizens Telecommunications Company of Tuolumne
           5.  Ducor Telephone Company
           6.  Evans Telephone Company
           7.  Foresthill Telephone Company
           8.  Happy Valley Telephone Company
           9.  Hornitos Telephone Company
          10.  Kerman Telephone Company
          11.  Pinnacles Telephone Company
          12.  The Ponderosa Telephone Company
          13.  Sierra Telephone Company
          14.  Siskiyou Telephone Company
          15.  Verizon West Coast Incorporated
          16.  The Volcano Telephone Company
          17.  Winterhaven Telephone Company

          The CHCFA provides these companies with a $37 million  
          annual subsidy funded by a 0.21 percent surcharge on  
          telephone bills.  The subsidy is used to cap residential  
          telephone rates for these companies at not more than 150  
          percent of the rate charged residential customers in urban  
          areas.








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          The second universal service program is the California High  
          Cost Fund - B (CHCFB), which provides a subsidy to  
          companies providing service in high-cost areas of the  
          larger local telephone companies:  SBC, Verizon, Citizens,  
          and Roseville. This subsidy provides these companies with  
          $483 million a year funded by a 2.7 percent surcharge on  
          telephone bills.  One purpose of this program is to  
          encourage competition in the residential telephone service  
          arena and any company providing that service in those areas  
          is eligible for that subsidy.

          Both of these programs rely on Section 739.3 of the PUC as  
          their statutory foundation, which is slated to sunset on  
          January 1, 2005.  This bill extends that section until  
          January 1, 2009.

           Comments

          What Happens If The Sun Sets?   What will happen if the  
          statutory basis for the CHCFA and CHCFB expires at the end  
          of this year isn't clear, but it's likely the two  
          surcharges, a combined 2.91 percent of the intrastate  
          telephone bill, will be deleted.

          While that will result in a small rate reduction for urban  
          telephone customers, the 17 small rural telephone companies  
          will need to raise their rates by $37 million to make up  
          for that shortfall, with the increase most likely to show  
          up in higher basic residential rates.  SBC, Verizon,  
          Citizens and Roseville will also likely increase their  
          basic residential rates to make up for the $483 million  
          shortfall.

          There will also be pressure to allow these companies to  
          charge different rates for different parts of their service  
          area (e.g. rate de-averaging), which would result in higher  
          residential rates in rural areas and relatively lower rates  
          in urban and suburban areas.  To the extent it exists, this  
          residential rate re-balancing will have a bearing on  
          competition as competitors focus their attention on the  
          areas where residential telephone service is offered at  
          higher than cost.

           Do The Programs Work?   The Office of Ratepayer Advocates  







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          (ORA) has recently released a report critical of the CHCFB,  
          noting the program hasn't been reviewed by the PUC since  
          1996.  Consequently, some areas which were designed as high  
          cost in 1996 may no longer be high cost and may no longer  
          warrant a subsidy.  The ORA urges the PUC to review the  
          CHCFB to ensure it's fulfilling its purpose in a  
          cost-effective way.   
           
           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          The proposed 2004-05 budget projects $59 million in the  
          CHCFA, and $482 million in the CHCFB.

           SUPPORT  :   (Verified  5/4/04)

          SBC


          NC:cm  5/4/04   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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