BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   SB 396|
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                                 THIRD READING


          Bill No:  SB 396
          Author:   Battin (R)
          Amended:  4/7/05
          Vote:     21

           
           SENATE ENERGY, UTIL. & COMMUNIC. COMM.  :  8-0, 4/19/05
          AYES:  Escutia, Morrow, Alarcon, Battin, Bowen, Cox, Dunn,  
            Kehoe
          NO VOTE RECORDED:  Campbell, Murray, Simitian

          SENATE APPROPRIATIONS COMMITTEE  :  11-0, 5/2/05
          AYES:  Migden, Aanestad, Alquist, Ashburn, Battin, Bowen,  
            Florez, Murray, Ortiz, Poochigian, Speier
          NO VOTE RECORDED:  Dutton, Escutia


           SUBJECT  :    Telecommunications:  call pricing

           SOURCE  :     Author


           DIGEST  :    This bill requires the Public Utilities  
          Commission to report to the Legislature, by July 1, 2007,  
          on the impact of toll call pricing in the Coachella Valley,  
          and whether additional steps are necessary to encourage  
          innovative pricing, and related matters.

           ANALYSIS  :    Existing law requires telephone rates to be  
          fair and reasonable.  The Public Utilities Commission (PUC)  
          is authorized to regulate rates for intrastate telephone  
          service.

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          Current regulation, in the form of PUC Decision 98-06-075,  
          prohibits the filing of new complaints to establish new  
          Extended Area Service (EAS) routes in the state that extend  
          the geographic reach of local toll-free telephone calls.

          This bill requires the PUC to report to the Legislature, by  
          July 1, 2007, on the impact of toll call pricing in the  
          Coachella Valley, whether additional steps are necessary to  
          encourage innovative pricing, and related matters.

          This bill repeals its provisions on January 1, 2008.

           Background
                     
          EAS is a telephone service authorized in certain designated  
          communities which extends the geographic reach of a local  
          toll-free calling area.  Generally, the service territories  
          of the local telephone carriers are divided into local  
          exchanges.  Each local exchange has a point designated as a  
          rate center which is used to measure the distance of calls  
          for billing purposes.  For incumbent local exchange  
          carriers (ILECs), the prescribed distance is 12 miles.  If  
          the rate centers are greater than 12 miles apart, the calls  
          between such exchanges are toll calls.  EAS allows  
          customers in one exchange to extend the toll-free local  
          calling area into another exchange whose  
          rate center is more then 12 miles away.  While EAS allows  
          certain callers to avoid paying toll charges, the remaining  
          ratepayers in the territory absorb the cost of that  
          benefit.

          EAS routes have traditionally been established through  
          formal complaint cases filed by customers seeking to extend  
          their 12-mile local calling area when those customers  
          cannot reach a reasonable range of essential services  
          within their existing toll-free local calling area.  These  
          essential services include police, fire, medical care,  
          legal services, schools, banking and  
          shopping.  

          The PUC has traditionally considered several criteria in  
          deciding whether to authorize an EAS route.  In general,  
          these criteria include whether (1) a community of interest  
          exists between the affected local exchange and areas beyond  

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          the existing toll-free calling area, (2) there is customer  
          support for extending the area of service, and (3) the EAS  
          route can be implemented with reasonable rates.

           Related Legislation

           SB 1553 (Battin, 2002) was substantially similar to this  
          bill, as it also required the PUC to examine the impact of  
          toll call pricing in the Coachella Valley.  SB 1553 was  
          vetoed by Governor Davis, asserting it was an unnecessary,  
          costly ($200,000), piecemeal approach to an issue of  
          statewide significance. 

           Comments

           In January 1995, the PUC opened the market for  
          short-distance toll calls to competition.  Because the  
          market is competitive, the PUC concluded that the public  
          interest would be served by allowing competitive pressures  
          to offer customers choices for toll calls, rather than  
          creating new EAS routes.  
          
          IntraLATA toll competition was instituted on January 1,  
          1995, whereby both business and residential customers could  
          choose from among multiple carriers to carry their  
          intraLATA calls, reducing the toll costs customers face for  
          calls beyond their local calling area.  Concurrent with the  
          institution of  
          intraLATA competition, the toll rates of Pacific Bell (now  
          SBC) and GTE California (now Verizon) were significantly  
          reduced by the PUC.  Today, many interexchange carriers  
          offer intraLATA toll calling plans at competitive rates.   
          AT&T, MCI and Sprint offer residential optional calling  
          plans that include intraLATA toll rates of no more then  
          $.05 per minute for calls made within California.  These  
          companies also provide a bundled package, which means that  
          all telephone services are all packed into one low flat  
          rate per month.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          $85,000 over two years from the Public Utilities  
          Reimbursement account (PURA).  Increased costs to the PUC  

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          are based on one new staff position, a PURA III, on a  
          limited term basis.  PURA revenues are derived from an  
          annual fee imposed on utilities.  Therefore, any increased  
          costs should be recovered from fee revenues.   

           SUPPORT  :   (Verified  5/3/05)

          Office of Ratepayer Advocates


           ARGUMENTS IN SUPPORT  :    Supporters of this bill feel EAS  
          meets essential calling needs that are not adequately  
          addressed by any other service  
          alternative.  EAS routes are necessary in situations where  
          services that are essential to a community are not located  
          within the boundaries of a local telephone exchange.   
          People who live in rural communities where there are no  
          schools, no doctors and no county offices must conduct  
          essential daily activities in other communities.  Without  
          EAS, residents of such small  
          communities would routinely have to place toll calls to  
          reach local services, including schools, doctors, city and  
          county departments, hospitals and emergency services.  


          NC:mel  5/4/05   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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