BILL NUMBER: SB 909 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 4, 2006
AMENDED IN ASSEMBLY AUGUST 18, 2005
AMENDED IN SENATE MAY 9, 2005
AMENDED IN SENATE APRIL 12, 2005
INTRODUCED BY Senator Escutia
( Principal coauthors:
Assembly Members Cohn, Houston, and
Ridley-Thomas )
( Coauthor: Senator
Perata Coauthors: Senators
Alarcon, Bowen, and Kuehl )
FEBRUARY 22, 2005
An act to amend Section 709 of the Public Utilities Code,
relating An act to add and repeal Chapter 7
(commencing with Section 11700 ) of Part 1 of Division 3
of Title 2 of the Government Code, relating to
telecommunications.
LEGISLATIVE COUNSEL'S DIGEST
SB 909, as amended, Escutia Telecommunications: video
services: fair competition. Broadband access.
Existing law provides for various programs for the development of
telecommunications services in the state.
This bill would, until January 1, 2010, establish the California
Broadband Access Council in state government, with a specified
membership, and require the council to develop a broadband access
strategy to promote the ubiquitous use of high-speed Internet
communications and computing technology by all Californians
consistent with specified principles.
The bill would require the council to provide a specified annual
report to the Legislature.
The bill would require the council to establish a nonprofit entity
to fund community projects consistent with the strategy developed by
the council. The bill would declare that the nonprofit entity is not
an entity of state government.
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 this state.
This bill would declare establishing fair competition in the areas
of telecommunications and video services as a policy for
telecommunications in this state.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 7 (commencing with Section
11700) is added to Part 1 of Division 3 of Title 2 of the
Government Code , to read:
CHAPTER 7. BROADBAND ACCESS
Article 1. Findings and Declarations
11700. The Legislature finds and declares all of the following:
(a) Technological advancement in the communications and computing
industries brings the promise of a future with a highly skilled
workforce, high-paying jobs, telecommuting, greater opportunities for
self-employment, enhanced public safety, greater access to, and
improvement of, California's educational system, health care services
and governmental services, and the ability to connect to
information. To ensure this future, a thorough, comprehensive, and
coherent strategy that looks at all of the factors associated with
the availability of, and demand for, these technologies is needed.
(b) There are barriers to the use of high-speed Internet access
and the services made available through that technology, particularly
for low-income, non-English speaking, rural, and disabled
communities. These barriers can include technological illiteracy and
apprehension, lack of useful content, service availability and
security, unawareness of the benefits of the technologies, the
complexity of combining the equipment and services necessary to make
high-speed Internet access functional, and cost. Therefore, strategic
efforts should address the barriers to availability and use of
high-speed Internet access by these communities.
(c) California's state government agencies and institutions should
increase public access to government services by using high-speed
Internet access and related computing capabilities.
(d) High-speed Internet access can be provided over many separate
and unique technology platforms, including, but not limited to,
cable, DSL, fiber, wireless, and power line facilities. Policies
designed to promote the availability and use of high-speed Internet
access must be technology neutral so that those policies remain
robust, competitive, and relevant to support existing, as well as
emerging, technologies.
(e) Deploying any type of technology platform capable of providing
high-speed Internet access, including, but not limited to, cable,
DSL, fiber, wireless, or power line, requires significant capital
investment and expertise to maintain state-of-the-art capabilities.
California's policies should encourage this investment from the
private sector as well as public-private cooperation.
(f) Existing programs, laws, and policies that promote or impede
the use of high-speed Internet access and computing technology, or
provide incentives or disincentives for investment in technology
platforms capable of providing high-speed Internet access and
computing technology, must be reviewed and updated to promote
high-speed Internet access and utilization.
Article 2. California Broadband Access Council
11701. (a) The California Broadband Access Council is hereby
established in state government.
(b) The council shall consist of 15 appointed members, as follows:
(1) Eleven members appointed by the Governor, as follows:
(A) An individual with expertise in using technology to develop
and implement workforce training.
(B) An individual with expertise in using technology to improve
the delivery of health care.
(C) An individual with expertise in using technology to assist
rural economic development.
(D) An individual with expertise in using technology to assist the
disabled.
(E) An individual with expertise in the telecommunications
industry.
(F) An individual with expertise in the computing industry.
(G) An individual with expertise in developing online content for
diverse communities.
(H) An individual with expertise in the provision of
Internet-based services.
(I) An individual with expertise in local government and
electronic access to government.
(J) An individual with expertise in grantmaking and nonprofit
management.
(K) One member of the public whose experience will significantly
contribute to the mission of the council.
(2) Two members appointed by the Speaker of the Assembly, as
follows:
(A) An individual with expertise in using technology to serve
those whose primary language is not English.
(B) A member of the public whose experience will significantly
contribute to the mission of the council.
(3) Two members appointed by the Senate Committee on Rules, as
follows:
(A) An individual with expertise in using technology to enhance
education.
(B) A member of the public whose experience will significantly
contribute to the mission of the council.
(c) The Governor shall name a member appointed pursuant to
paragraph (1) of subdivision (b) to serve as chair of the council for
a two-year term or until the member's term otherwise expires,
whichever is sooner.
(d) Members shall serve without compensation, but may receive
reasonable per diem and travel expenses.
11702. (a) The council may do all of the following:
(1) Hire staff.
(2) Appoint one or more advisory councils.
(3) Form committees and subcommittees.
(4) Accept donations or private funds for its operations.
(b) The council shall meet monthly until the broadband access
strategy described in Section 11703 is completed, after which it
shall meet quarterly.
(c) The council shall provide an annual report to the Legislature
on its activities and accomplishments.
(d) The council shall not receive any funds through an
appropriation in the annual Budget Act for any purpose.
11703. (a) Within one year of its first meeting, the council
shall develop a broadband access strategy to promote the ubiquitous
use of high-speed Internet communications and computing technology by
all Californians consistent with the findings and declarations set
forth in Section 11700. In developing the strategy, the council shall
recognize the following:
(1) The use of high-speed Internet communications and computing
technology also requires access to relevant applications, content,
and training.
(2) The use of high-speed Internet access and computing technology
should be encouraged in low-income, non-English speaking, rural, and
disabled communities.
(3) Technology should be used to help meet the state's needs in
the areas of economic competitiveness, health care, and education.
(b) The strategy shall provide grantmaking guidance to the
nonprofit entity established pursuant to Section 11704.
(c) For purposes of this chapter, "high-speed Internet
communication" is an application that can use various technology
platforms, including, but not limited to, cable, DSL, fiber,
wireless, or power line, which are capable of providing a high-speed
connection to the Internet.
11704. (a) The council shall establish a nonprofit entity
pursuant to the Nonprofit Public Benefit Corporation Law (Part 2
(commencing with Section 5110) of Division 2 of Title 1 of the
Corporations Code), to implement a grant program to fund community
projects consistent with the broadband access strategy developed
pursuant to Section 11703, to promote the ubiquitous use of
high-speed Internet communications and computing technology by all
Californians.
(b) The nonprofit entity shall be self-sustaining, and to that end
may solicit and receive funds from any source, public or private,
which may only be used for the administrative expenses of the
nonprofit entity and the grant program described in subdivision (a).
(c) The nonprofit entity shall not be construed to be an entity of
state government.
(d) The nonprofit entity shall not receive any funds through an
appropriation in the annual Budget Act for any purpose.
11705. This chapter shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.
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 and broader consumer choice, and to
avoid 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.