BILL NUMBER: AB 991 CHAPTERED
BILL TEXT
CHAPTER 714
FILED WITH SECRETARY OF STATE OCTOBER 10, 1999
APPROVED BY GOVERNOR OCTOBER 6, 1999
PASSED THE ASSEMBLY AUGUST 26, 1999
PASSED THE SENATE AUGUST 24, 1999
AMENDED IN SENATE AUGUST 16, 1999
AMENDED IN SENATE JUNE 29, 1999
AMENDED IN ASSEMBLY APRIL 22, 1999
AMENDED IN ASSEMBLY APRIL 19, 1999
AMENDED IN ASSEMBLY APRIL 7, 1999
INTRODUCED BY Assembly Member Papan
(Principal coauthor: Senator Bowen)
FEBRUARY 25, 1999
An act to add Section 709.7 to the Public Utilities Code, relating
to telecommunications.
LEGISLATIVE COUNSEL'S DIGEST
AB 991, Papan. Internet access: line sharing.
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 Public Utilities Commission
to monitor and participate in a specified proceeding of the Federal
Communications Commission addressing whether to require incumbent
local exchange carriers, as defined, to permit interconnection by
competitive data local exchange carriers, as defined, at any
technically feasible point, to permit those competitive local
exchange carriers to provide high bandwidth data services over
telephone lines with voice services provided by incumbent local
exchange carriers. The bill would require the Public Utilities
Commission, if the Federal Communications Commission adopts an order
on or before January 1, 2000, with regard to that specified federal
proceeding, to comply with, and implement, in a manner that the
Public Utilities Commission determines to be appropriate, that order,
as prescribed, consistent with state and federal law, within 90 days
from the date that the rules adopted by that order are published in
the Federal Register. The bill would require the Public Utilities
Commission, if the Federal Communications Commission does not adopt
an order on or before January 1, 2000, with regard to that specified
federal proceeding, to examine the technical, operational, economic,
and policy implications of interconnection, and, if the Public
Utilities Commission determines it to be appropriate, to adopt rules
to require incumbent local exchange carriers in this state to permit
competitive local exchange carriers to provide high bandwidth data
services over telephone lines with voice services provided by
incumbent local exchange carriers. The bill would make related
legislative findings and declarations and statements of legislative
intent.
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 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 instructs the
Public Utilities Commission to take certain actions to monitor and
participate in the pending proceeding of the Federal Communications
Commission, entitled "In the Matters of Deployment of Wireline
Services Offering Advanced Telecommunications Capability," CC Docket
No. 98-147, adopted March 18, 1999 (the Advanced Services Docket),
in which the Federal Communications Commission is engaging in a
rulemaking proceeding to consider issues related to loop access,
pricing, and cost allocation in the provision of broadband data
services over telephone lines provided by an incumbent local exchange
carrier.
(f) The Federal Communications Commission has established the
following initial deadlines for the Advanced Services Docket: June
15, 1999, for comments and July 15, 1999, for reply comments. Based
on those dates, the Legislature believes that the Federal
Communications Commission will complete its rulemaking proceeding
before January 1, 2000, and that the Public Utilities Commission
will benefit significantly from the development of the record in the
Advanced Services Docket.
SEC. 2. It is the intent of the Legislature that the Public
Utilities Commission do one of the following:
(a) If the Federal Communications Commission adopts an order on or
before January 1, 2000, with regard to its proceeding entitled "In
the Matters of Deployment of Wireline Services Offering Advanced
Telecommunications Capability," CC Docket No. 98-147, adopted March
18, 1999, that the Public Utilities Commission comply with, and
implement, that order, consistent with state and federal law, within
90 days from the date that the rules adopted by that order are
published in the Federal Register.
(b) If the Federal Communications Commission does not adopt an
order on or before January 1, 2000, with regard to its proceeding
entitled "In the Matters of Deployment of Wireline Services Offering
Advanced Telecommunications Capability," CC Docket No. 98-147,
adopted March 18, 1999, that the Public Utilities Commission
expeditiously examine the technical, operational, economic, and
policy implications of line sharing and, if the Public Utilities
Commission determines it to be appropriate, adopt rules to require
incumbent local exchange carriers in this state to permit competitive
data local exchange carriers to provide high bandwidth data services
over telephone lines with voice services provided by incumbent local
exchange carriers.
SEC. 3. Section 709.7 is added to the Public Utilities Code, to
read:
709.7. (a) This section shall be known and may be cited as the
California High Speed Internet Access Act of 1999.
(b) The Public Utilities Commission shall monitor and participate
in the proceeding of the Federal Communications Commission, entitled
"In the Matters of Deployment of Wireline Services Offering Advanced
Telecommunications Capability," CC Docket No. 98-147, adopted March
18, 1999, addressing whether to require incumbent local exchange
carriers to permit interconnection by competitive data local
exchange carriers at any technically feasible point to permit those
competitive local exchange carriers to provide high bandwidth data
services over telephone lines with voice services provided by
incumbent local exchange carriers.
(c) If the Federal Communications Commission adopts an order on or
before January 1, 2000, with regard to the proceeding described in
subdivision (b), the Public Utilities Commission shall comply with,
and implement, in a manner that the Public Utilities Commission
determines to be appropriate, that order, as it pertains to loop
access, pricing, and cost allocation in the provision of broadband
data services over telephone lines provided by an incumbent local
exchange carrier, consistent with state and federal law, within 90
days from the date that the rules adopted by that order are published
in the Federal Register. If the Federal Communications Commission
does not adopt an order on or before January 1, 2000, with regard to
the proceeding described in subdivision (b), the Public Utilities
Commission shall expeditiously examine the technical, operational,
economic, and policy implications of interconnection as described in
subdivision (b) and, if the Public Utilities Commission determines it
to be appropriate, adopt rules to require incumbent local exchange
carriers in this state to permit competitive local exchange carriers
to provide high bandwidth data services over telephone lines with
voice services provided by incumbent local exchange carriers.
(d) As used in this section, the following terms have the
following meanings:
(1) "Incumbent local exchange carrier" has the same meaning as
that term is defined in Section 251(h)(1) of Title 47 of the United
States Code.
(2) "Competitive local exchange carrier" has the same meaning as
the term "local exchange carrier," as defined in Section 153(26) of
Title 47 of the United States Code.