BILL NUMBER: SB 909 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 12, 2005
INTRODUCED BY Senator Escutia
FEBRUARY 22, 2005
An act to amend Section 53066.3 of the Government Code,
relating to cable television franchises 709 of the
Public Utilities Code, relating to telecommunications .
LEGISLATIVE COUNSEL'S DIGEST
SB 909, as amended, Escutia. Local cable television
franchises Telecommunications: video services: fair
competition .
Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including telephone corporations.
Existing law authorizes the commission to establish rules for all
public utilities, subject to control by the Legislature. Existing law
declares the policies for telecommunications in California.
This bill would declare establishing fair competition in the areas
of telecommunications and video services as a policy for
telecommunications in California.
Existing law requires that if a city, county, or city and county
elects to grant an additional cable television franchise in an area
where a franchise has already been granted, it shall first conduct a
noticed public hearing at which specified issues are considered.
This bill would make a technical, nonsubstantive change in that
requirement.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 53066.3 of the Government Code is amended to
read:
SECTION 1. The Legislature finds and declares all of the
following:
(a) At one time cable television corporations were monopoly
providers of video services, but technological advances have made
satellite‑direct video services a viable competitor.
(b) Technological advances are allowing telephone corporations to
offer video service over enhanced telecommunications networks.
(c) Soon commercial mobile radio service providers, including
cellular telephone companies, will be offering video service over
their wireless networks.
(d) The public interest is served when there is widespread access
to multiple providers that are competing fairly to offer video
services to consumers.
(e) Fair competition requires a level playing field with respect
to state‑mandated obligations.
(f) It is the intent of the Legislature to establish rules for the
provision of video services that encourage fair competition.
SEC. 2 Section 709 of the Public Utilities Code
is amended to read:
709. The Legislature hereby finds and declares that the policies
for telecommunications in California are as follows:
(a) To continue our universal service commitment by assuring the
continued affordability and widespread availability of high-quality
telecommunications services to all Californians.
(b) To focus efforts on providing educational institutions, health
care institutions, community-based organizations, and governmental
institutions with access to advanced telecommunications services in
recognition of their economic and societal impact.
(c) To encourage the development and deployment of new
technologies and the equitable provision of services in a way that
efficiently meets consumer need and encourages the ubiquitous
availability of a wide choice of state-of-the-art services.
(d) To assist in bridging the "digital divide" by encouraging
expanded access to state-of-the-art technologies for rural,
inner-city, low-income, and disabled Californians.
(e) To promote economic growth, job creation, and the substantial
social benefits that will result from the rapid implementation of
advanced information and communications technologies by adequate
long-term investment in the necessary infrastructure.
(f) To promote lower prices, broader consumer choice, and
avoidance of anticompetitive conduct.
(g) To remove the barriers to open and competitive markets and
promote fair product and price competition in a way that encourages
greater efficiency, lower prices, and more consumer choice.
(h) To establish fair competition in the areas of
telecommunications and video services.
(h)
(i) To encourage fair treatment of consumers through
provision of sufficient information for making informed choices,
establishment of reasonable service quality standards, and
establishment of processes for equitable resolution of billing and
service problems.
53066.3. (a) If a city, county, or city and county elects to
grant an additional cable television franchise in an area where a
franchise has already been granted to a cable television operator, it
shall do so only after a public hearing noticed pursuant to Section
6066, in a newspaper of general circulation as defined in Section
6000, where all of the following have been considered:
(1) Whether there will be significant positive or negative impacts
on the community being served.
(2) Whether there will be an unreasonable adverse economic or
aesthetic impact upon public or private property within the area.
(3) Whether there will be an unreasonable disruption or
inconvenience to existing users, or any adverse effect on future use,
of utility poles, public easements, and the public rights-of-way
contrary to the intent of Section 767.5 of the Public Utilities Code.
(4) Whether the franchise applicant has the technical and
financial ability to perform.
(5) Whether there is any impact on the franchising authority's
interest in having universal cable service.
(6) Whether other societal interests generally considered by
franchising authorities will be met.
(7) Whether the operation of an additional cable television system
in the community is economically feasible.
(8) Any other additional matters, both procedural and substantive,
as the franchising authority may determine to be relevant.
(b) Nothing in this section prevents any city, county, or city and
county from considering the approval or denial of an additional
cable service franchise in any area of the city, county, or city and
county, subject to compliance with subdivision (d), or the imposing
of additional terms and conditions upon the granting of the
franchise, as the city, county, or city and county determines is
necessary or appropriate.
(c) The city, county, or city and county shall make a final
determination as to whether to grant the additional franchise within
six months of the application date unless the jurisdiction can
establish that the applicant has unreasonably delayed proceedings
designed to consider the matters set forth in paragraphs (1) to (8),
inclusive, of subdivision (a).
(d) Any additional franchise granted to provide cable television
service in an area in which a franchise has already been granted and
where an existing cable operator is providing service or certifies to
the franchising authority that it is ready, willing, and able to
provide service, shall require the franchisee to wire and serve the
same geographical area within a reasonable time and in a sequence
which does not discriminate against lower income or minority
residents, and shall contain the same public, educational, and
governmental access requirements that are set forth in the existing
franchise. This subdivision does not apply where all existing cable
operators certify to the franchising authority that they do not
intend to provide service within a reasonable time to the area to be
initially served by the additional franchise.