BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                   SB 909|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 445-6614         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                              UNFINISHED BUSINESS


          Bill No:  SB 909
          Author:   Escutia (D) & Perata (D)
          Amended:  8/18/05
          Vote:     21

           
           SEN. ENERGY, UTIL. & COMMUNICATIONS COMM.  :  6-2, 5/03/05
          AYES:  Alarcon, Bowen, Dunn, Kehoe, Murray, Simitian
          NOES:  Morrow, Cox
          NO VOTE RECORDED:  Escutia, Battin, Campbell

           SENATE FLOOR  :  22-13,05/23/05
          AYES:  Alarcon, Alquist, Bowen, Cedillo, Chesbro, Ducheny,  
            Dunn, Escutia, Figueroa, Kehoe, Kuehl, Machado, Migden,  
            Murray, Ortiz, Perata, Romero, Scott, Simitian, Speier,  
            Torlakson, Vincent
          NOES:  Aanestad, Ackerman, Ashburn, Cox, Denham, Dutton,  
            Hollingsworth, Maldonado, Margett, McClintock, Morrow,  
            Poochigian, Runner
          NO VOTE RECORDED:  Battin, Campbell, Florez, Lowenthal,  
            Soto

           ASSEMBLY FLOOR  :  Not available


           SUBJECT  :    Telecommunications:  video services:  fair  
          competition

           SOURCE  :     Author


           DIGEST  :    This bill declares it is state policy to  
          establish fair competition in the areas of  
                                                           CONTINUED





                                                                SB 909
                                                                Page  
          2

          telecommunications and video service.

           Assembly Amendments  make a technical change.

           ANALYSIS  :    Current law establishes the California's  
          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, as  
          follows:

          1.Technological advances are allowing telephone  
            corporations to offer video service over  
            telecommunications networks.

          2.The public interest is served when there is widespread  
            access to multiple providers that are competing fairly to  
            offer video service.

          3.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 Senate 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  







                                                                SB 909
                                                                Page  
          3

          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.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

          NC:cm  9/8/05   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

                                ****  END  ****