BILL ANALYSIS                                                                                                                                                                                                              1






                SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
                            MARTHA M. ESCUTIA, CHAIRWOMAN
          

          SB 909 -  Escutia                                 Hearing Date:   
          May 3, 2005                S
          As Amended:         April 11, 2005                Non-FISCAL      
            B
                                                                        
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                                      DESCRIPTION
           
           Current law  establishes that California telecommunications  
          policy is 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.

           This bill  makes numerous findings and declarations, such as:

                 Technological advances are allowing telephone  
               corporations to offer video service over telecommunications  
               networks.
                 The public interest is served when there is widespread  
               access to multiple providers that are competing fairly to  
               offer video service.
                 It is the intent of the Legislature to establish rules  
               for the provision of video services that encourage  
               competition.

           This bill  declares that it is state policy to establish fair  
          competition in the areas of telecommunications and video  
          service.

                                      BACKGROUND
           
          On March 15 the Energy, Utilities and Communications Committee  
          held a hearing on cable competition.  In that hearing  
          representatives of the major cable and telecommunications  
          companies described how those two industries were starting to  











          overlap.  Competition between cable and telecommunications  
          companies over the offering of video service is imminent.

          Harmonizing the differing regulatory structures and obligations  
          of the two industries will be a difficult task.  One of the most  
          difficult of those issues is the scope of the obligation of  
          video services providers to offer service.  Cable operators are  
          required to offer service within their entire franchised area.  
          Telephone companies offering an identical service must also  
          obtain a franchise.   But some telephone companies argue that  
          instead of obtaining a franchise for the entire area of a city,  
          they should instead be permitted to obtain a franchise for only  
          the parts of the city where they already provide service.  Cable  
          companies argue this is unfair, and that a "level playing field"  
          with regard to all facets of telephone and cable regulation must  
          be established.  






































                                       COMMENTS
           
          This bill is a small first step to address the cable/telephone  
          company competition issue.  The author indicates that  
          discussions with the interested parties are continuing in hopes  
          of dealing with the issue more broadly.

          AB 903 (De La Torre) addresses the issue of whether telephone  
          companies should be permitted to provide video service in areas  
          smaller than the franchised area of the incumbent cable  
          operator.  That bill is scheduled to be heard on May 2 in the  
          Assembly Utilities and Commerce Committee.

                                       POSITIONS
           
           Sponsor:
           
          Author

           Support:
           
          None on file

           Oppose:
           
          None on file

          





























          Randy Chinn 
          SB 909 Analysis
          Hearing Date:  May 3, 2005