BILL ANALYSIS                                                                                                                                                                                                              1
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                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

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                                      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