BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1276| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 SB 1276 Page 2 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. SB 1276 Page 3 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 SB 1276 Page 4 (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 **** END ****