BILL NUMBER: SB 850	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Escutia

                        FEBRUARY 22, 2005

   An act to add Section 13984 to the Government Code, and to add
Sections 871.9 and 883.5 to the Public Utilities Code, relating to
telecommunications.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 850, as introduced, Escutia.   Broadband telecommunications
service.
    (1) Under existing law, there is in state government the
Business, Transportation and Housing Agency, under the supervision of
the Secretary of Business, Transportation and Housing. Existing law
requires the secretary to advise the Governor on, and assist the
Governor in establishing, major policy and program matters affecting
each department, office, or other unit within the agency.
   This bill would require the secretary to develop a strategy for
making broadband telecommunications service accessible to all areas
of the state, as prescribed, and would require the secretary to
prepare and submit to the Legislature a report on the strategy
developed before January 1, 2007.
   (2) Under existing law, the Public Utilities Commission has
regulatory authority over public utilities, including telephone
corporations. Existing law imposes various duties on the commission
with regard to the provision of universal telephone and
telecommunications service.
   This bill would require the commission to determine which
geographic areas of the state are lacking broadband
telecommunications service availability and which areas are lacking
competition in the provision of broadband telecommunications service.
The bill would require the commission to prepare and submit a report
on its findings to the Legislature and the secretary on or before
July 1, 2006.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 13984 is added to the  Government Code , to
read:
   13984.  (a) The secretary shall develop a strategy for making
broadband telecommunications service accessible to all areas of the
state. In developing that strategy, the secretary shall consider all
of the following(1) How to encourage the deployment of privately
financed broadband infrastructure.
   (2) Where privately financed infrastructure will not be deployed
in a timely manner, how to encourage publicly-financed
infrastructure.
   (3) How public or private partnerships and cooperatives can be
utilized.
   (b) The secretary shall consult with the state's Chief Information
Officer on whether any state-owned or state-controlled facilities
can be used in furtherance of the state's universal service policy.
   (c) The secretary shall prepare and submit to the Legislature a
report on the strategy developed pursuant to this section before
January 1, 2007.
  SEC. 2.  Section 871.9 is added to the  Public Utilities Code , to
read:
   871.9.  (a) The Legislature finds and declares all of the
following:(1) California has long had a policy of universal telephone
service that resulted in programs that helped individuals obtain
affordable access to basic telephone service.
   (2) Broadband telecommunications service, whether provided by
cable, fiber optic line, or wirelessly, provides much greater
capability than basic telephone service.
   (3) Broadband telecommunications service has been rapidly adopted,
with about 30,000,000 broadband customers nationwide.
   (4) However, broadband service is not offered in many areas of
this state. About 25 percent of cities in this state do not have any
broadband access.
   (5) Broadband service is the foundation for our nation's continued
technological and economic leadership.
   (6) The absence of broadband is a barrier to economic development.

   (7) The President of the United States has declared that the
country should have universal, affordable broadband access by 2007.
   (b) The Legislature further finds and declares that this state's
universal service policy should include the concept of universal
availability of broadband to all areas of the state.
  SEC. 3.  Section 883.5 is added to the  Public Utilities Code , to
read:
   883.5.  The commission shall determine which geographic areas of
the state are lacking broadband telecommunications service
availability and which areas are lacking competition in the provision
of broadband telecommunications service. The commission shall
prepare and submit a report on its findings to the Legislature and to
the Secretary of Business, Transportation and Housing on or before
July 1, 2006.