BILL NUMBER: SB 909	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 9, 2005
	AMENDED IN SENATE  APRIL 12, 2005

INTRODUCED BY   Senator Escutia
    (   Coauthor:   Senator   Perata
  ) 

                        FEBRUARY 22, 2005

   An act to amend Section 709 of the Public Utilities Code, relating
to telecommunications.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 909, as amended, Escutia.  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 state  .
   This bill would declare establishing fair competition in the areas
of telecommunications and video services as a policy for
telecommunications in  California   this state
 .
   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.
   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.
   (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.