BILL ANALYSIS 1 1 SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE DEBRA BOWEN, CHAIRWOMAN SB 1858 - Dunn Hearing Date: April 13, 2004 S As Amended: March 25, 2004 Non-FISCAL B 1 8 5 8 DESCRIPTION Current law provides for a "911" emergency telephone services program administered by the Department of General Services' Telecommunications Division (DGS-TD). This program, funded through a surcharge on telephone bills, pays for the equipment and services needed by local public safety agencies to answer the "911" call. Current law requires that all telephone rates be just and reasonable. This bill requires the California Public Utilities Commission (CPUC) to ensure all funds paid to a telephone corporation from the 911 account are reflective of charges that are just and reasonable. BACKGROUND The state's 911 program is paid for by a surcharge on every customer's telephone bill. That surcharge is statutorily capped at 0.75% of a customer's phone bill, and has been set at 0.72% by DGS-TD since 1995. The surcharge raises about $140 million annually. About 25% of that money goes to public safety agencies that use the competitive bidding process to buy telephones and computers necessary to respond to 911 calls. The remaining 75% of the 911 budget is spent for telephone and database services provided by regulated telephone companies. A discussion about the cost pressures on the 911 fund is incomplete without reviewing these costs. There has been pressure for additional spending authority out of the 911 fund. Last year, some public safety agencies felt DGS-TD didn't provide adequate funding for the equipment those agencies feel they need to respond to 911 service calls. Additional pressure comes from the costs incurred to upgrade the telephones and computers to make 911 service for cellular phones comparable to 911 service for traditional phones. COMMENTS 1.What The Phone Companies Do . The 911 services provided by the regulated telephone companies are database services and network services. The database services provide the 911 caller's telephone number and location, as well as the jurisdictional boundaries of the public safety agencies, and comprise 50% of the 911 budget. Network services are the electronic transportation of calls connecting the public safety answering points throughout the state. Though the prices of these services are regulated at the CPUC, the CPUC hasn't examined the pricing structure since at least 1994. 2.CPUC Pricing Review . Prior to the opening of telephone markets to competition, the CPUC would ensure just and reasonable prices by periodically and comprehensively examining the costs of providing service. Based on those costs, the CPUC established prices designed to allow a utility to recover all its costs, plus a reasonable return on its investment. Since the late 1980's the CPUC has relaxed its regulatory grip and utilized a regulatory system which calibrates the degree of regulation for a particular service with the degree of competition for that service. The periodic cost reviews, known as general rate cases, have largely disappeared, which explains why the cost of 911 service hasn't been looked at in over a decade. This bill requires the CPUC to ensure that the prices for those services are reflective of charges that are just and reasonable, which is a requirement of existing law. DGS-TD is considering whether these database and network services can be purchased competitively and has issued a "request for information" (RFI), the precursor to putting something out to bid via a "request for proposal" (RFP). 3.Technically Speaking . The author and committee may wish to consider replacing the existing language with the following to ensure the CPUC conducts a review of the cost of 911 service: "The commission shall review the rates charged by telephone corporations for 911 emergency service to ensure that those rates are just and reasonable." POSITIONS Sponsor: Author Support: None on file Oppose: None on file Randy Chinn SB 1858 Analysis Hearing Date: April 13, 2004