BILL NUMBER: SB 850	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 30, 2005

INTRODUCED BY   Senator Escutia

                        FEBRUARY 22, 2005

   An act to add Section  13984   12019.5 
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 amended, 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
  the State Chief Information Officer is part of the
Governor's Office, and acts as the special advisor to the Governor on
information technology issues  .
   This bill would require the  secretary  
State Chief Information Officer  to develop a strategy for
making broadband telecommunications service accessible to all areas
of the state, as prescribed, and would require the  secretary
  State Chief Information Officer  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   the availability of, and the level or
degree of competition for, the provision of two‑way broadband
access, by census tract, and would require the commission to report
its findings to the Legislature and the State Chief Information
Officer 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   12019.5  is
added to the  Government Code , to read:
    13984.       (a)  
  The secretary 
    12019.5. (a)     The State Chief
Information Officer  shall develop a strategy for making
broadband telecommunications service accessible to all areas of the
state. In developing that strategy, the  secretary 
 State Chief Information Officer  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   State Chief Information Officer
shall determine  whether any state-owned or state-controlled
facilities can be used in furtherance of the state's universal
service policy.
   (c)  The secretary   Notwithstanding Section
7550.5, the State Chief Information Officer  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.   the availability of, and the level or
degree of competition for, the provision of two‑way broadband
access, by census tract. Notwithstanding Section 7550.5, the
commission shall report its findings to the Legislature and the State
Chief Information Officer on or before July 1, 2006.