BILL NUMBER: AB 991	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Papan

                        FEBRUARY 25, 1999

   An act to add Section 709.7 to the Public Utilities Code, relating
to telecommunications.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 991, as introduced, Papan.  Internet access.
   (1) Under the Public Utilities Act, the Public Utilities
Commission has the authority to regulate public utilities, including
telephone corporations.
   This bill would enact the California High Speed Internet Access
Act of 1999.  The bill would require the commission, not later than
January 31, 2000, to establish rules and rates for line sharing that
will allow competitive data carriers to provide high bandwidth
services over telephone lines simultaneously with the local exchange
service provided by the telephone service provider, as prescribed.
Because, under the act, a violation of those rules would be a crime,
the bill would impose a state-mandated local program by creating a
new crime.  The bill would make related legislative findings and
declarations.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature hereby finds and declares all of the
following:
   (a) The Legislature has encouraged and continues to encourage the
rapid deployment of advanced telecommunications services and
capabilities to all Californians.  In effect, those persons excluded
from high-speed networks today will find themselves excluded from the
economic opportunities of tomorrow.
   (b) High bandwidth connections between the telecommunications
network and end users in California facilitate the availability of
important new telecommunications services and capabilities, including
telemedicine, distance learning, telecommuting, high-speed Internet
access, and video telephony.
   (c) The California economy will benefit significantly from
expanded competition and availability of high bandwidth services
provided over the telephone network to individual consumers, small
and medium sized businesses, and educational facilities.
   (d) Expanded competition and availability for high bandwidth
services can add over $64,000,000,000 to gross state output and
create over 600,000 new jobs in California by the end of the year
2001.
   (e) In order to ensure that California consumers will benefit from
broad availability of high-speed access, affordable pricing, and the
highest quality of consumer service, the Legislature must act to
preserve freedom of choice for consumers in this rapidly emerging
market.
   (f) The total control of telephone lines serving California homes
and small businesses by existing telephone companies stands as a
critical barrier to competition and the wide-scale deployment of
affordable, high bandwidth data services.  Telephone lines can carry,
simultaneously, both voice service and high bandwidth data services
from competing carriers.  However, existing telephone service
providers will not allow competitive data carriers to use existing
telephone lines in order to provide high bandwidth data services.
   (g) It is therefore the intent of the Legislature that the Public
Utilities Commission establish rules for "line sharing" that will
permit competitive data carriers to provide high bandwidth data
services over telephone lines simultaneously with voice services
provided by existing telephone service providers.
  SEC. 2.  Section 709.7 is added to the Public Utilities Code, to
read:
   709.7.  (a) This section shall be known as and may be cited as the
California High Speed Internet Access Act of 1999.
   (b) The commission shall establish rules and rates for line
sharing that will allow competitive data carriers to provide high
bandwidth services over telephone lines simultaneously with the local
exchange service provided by the telephone service provider.
   (c) The rules described in subdivision (b) shall require the
carriers to provide to competitive data carriers access to network
infrastructure on a nondiscriminatory basis for high bandwidth shared
line data services.
   (d) For the purpose of this section, network infrastructure
includes, but is not limited to, colocation space, power, heating,
ventilation, and air conditioning systems, and connectivity.
   (e) The commission shall, through its expedited rulemaking
procedures, establish rules and rates for line sharing in the most
expeditious manner possible and, in any event, not later than January
31, 2000.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.