BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 396
                                                                  Page  1

          Date of Hearing:   June 13, 2005

                    ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
                               Lloyd E. Levine, Chair
                     SB 396 (Battin) - As Amended:  April 7, 2005

           SENATE VOTE  :   38 - 0
           
          SUBJECT  :   Telecommunications: call pricing.

           SUMMARY  :   This bill requires the California Public Utilities  
          Commission (PUC) to examine the impact of toll call pricing in  
          the Coachella Valley and consider whether additional options are  
          needed to serve that area.  Specifically,  this bill  :

          1)Requires the PUC to prepare and submit a report to the  
            Legislature by July 1, 2007, detailing:

             a)   The impact of toll call pricing in the Coachella Valley  
               and whether additional options are needed to serve that  
               area; and

             b)   The need for additional steps to encourage incumbent and  
               competitive carriers to provide innovative pricing plans.

          2)Allows the PUC to consider whether customer education efforts,  
            or other measures that are in the public interest, are  
            necessary in the Coachella Valley.

          3)Sunsets on January 1, 2008.

           EXISTING LAW  

          1)Authorizes the PUC to regulate rates for intrastate telephone  
            service.

          2)Prohibits the establishment of new Extended Area Service (EAS)  
            routes in the state that extend the geographic reach of local  
            toll-free telephone calls.

           FISCAL EFFECT  :   Unknown.

           COMMENTS :   According to the author, the purpose of this bill is  
          to relieve some residents in the Coachella Valley of the  
          predicament of incurring toll charges for calling only two miles  








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          away due to the unique toll call structure in that area.  This  
          bill requires the PUC to assess whether there are other options  
          that can be provided to these residents and report findings and  
          recommendations to the Legislature by July 1, 2007.

           1)Background:   Most residential telephone service allows for  
            customers to place calls within a
          local calling area without an extra charge.  That area is known  
          as the "local exchange."  Within each local exchange is a point  
          known as the "rate center," which is used to measure the  
          distance of calls for billing purposes.  If the rate centers for  
          two local exchanges are within 12 miles of each other, then the  
          cost for calls between those two exchanges is included in the  
          monthly flat-rate for local residential service.  Calls between  
          local exchanges that are more than 12 miles between rate centers  
          are toll calls.

          Historically, the PUC has approved EAS routes in circumstances  
          where customers cannot reach a reasonable range of "essential  
          services" within their existing toll-free local calling area.   
          An EAS extends the toll-free geographic area of a community  
          beyond the standard 12-mile limit so that residents can reach  
          "essential services," including law enforcement, schools, city  
          and county departments, hospitals, and emergency services  
          without paying a toll.  While creating a new EAS route lets  
          certain local callers avoid paying toll charges, the remaining  
          ratepayers in the territory absorb the cost of that benefit.

          In January, 1995, the PUC opened the market for short-distance  
          toll calls (known as intraLATA calls) to competition.   
          Concurrent with the commencement of intraLATA competition, the  
          toll rates of Pacific Bell (now SBC) and GTE California (now  
          Verizon) were significantly reduced by the PUC.  In June, 1998,  
          the PUC declared a moratorium on the creation of new EAS routes  
          after determining that the market was competitive and that there  
          was no need to create additional EAS routes because of the  
          reduced cost of placing toll calls.

           2)Need for the bill:   Currently, some residents of the Coachella  
            Valley are subject to toll call
          pricing even when the distance between rate centers is less than  
          12 miles.  For example, a residential call from Rancho Mirage to  
          Indian Wells (approximately 3 miles away) cannot be made without  
          the customer paying an extra toll cost (unless the customer has  
          a flat-rate plan for unlimited calling).  According to the  








                                                                  SB 396
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          Office of Ratepayer Advocates (ORA), this is due to the area's  
          unique toll call structure.  These additional costs place an  
          extra burden on those living in small communities throughout the  
          Coachella Valley without free calling access to schools,  
          doctors, or county offices essential for daily life. 

           3)Statewide issue:   This bill requires the PUC to re-address  
            toll rate and toll competition 
          issues in a single geographic area, despite the fact that the  
          population growth and economic changes facing residents of the  
          Coachella Valley may not be unique to that community.  Because  
          many communities may be facing situations like that in the  
          Coachella Valley, it may be more efficient to consider the  
          issues identified in the bill on a statewide basis.  While a  
          statewide approach would potentially involve a larger, more  
          complex report, it would avoid potentially numerous separate  
          reports in subsequent years addressing the same or similar  
          issues in different geographic locations.

           4)Related legislation:   SB 1553 (Battin) of 2002 also required  
            the PUC to examine the impact 
          of toll call pricing in the Coachella Valley.  SB 1553 was  
          approved by this committee on a 14-0 vote, but was vetoed by  
          Governor Davis who expressed concerns over the cost of preparing  
          the report and of taking a piecemeal approach to an issue of  
          statewide significance. 

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          California Public Utilities Commission
          Office of Ratepayer Advocates
           
            Opposition 
           
          None on file.

           Analysis Prepared by  :    Adam Hunt / U. & C. / (916) 319-2083