BILL ANALYSIS                                                                                                                                                                                                    



                                                          AB 991
                                                          Page  1

ASSEMBLY THIRD READING
AB 991 (Papan)
As Amended April 22, 1999
Majority vote 

  UTILITIES AND COMMERCE          7-1                 INFORMATION  
TECHNOLOGY          5-0         
 
 ----------------------------------------------------------------- 
|Ayes:|Wright, Campbell, Kuehl,  |Ayes:|Dutra, Bates, Alquist,    |
|     |Papan, Reyes, Steinberg,  |     |Briggs, Ducheny           |
|     |Wesson                    |     |                          |
|     |                          |     |                          |
|-----+--------------------------+-----+--------------------------|
|Nays:|Florez                    |     |                          |
|     |                          |     |                          |
 ----------------------------------------------------------------- 

  APPROPRIATIONS      15-2                                        
  
 ----------------------------------------------------------------- 
|Ayes:|Migden, Campbell,         |     |                          |
|     |Corbett, Granlund,        |     |                          |
|     |Hertzberg, Kuehl, Papan,  |     |                          |
|     |Aroner, Runner, Shelley,  |     |                          |
|     |Thomson, Wesson, Wiggins, |     |                          |
|     |Wright, Zettel            |     |                          |
|     |                          |     |                          |
|-----+--------------------------+-----+--------------------------|
|Nays:|Brewer, Ackerman          |     |                          |
|     |                          |     |                          |
 ----------------------------------------------------------------- 

  SUMMARY  :  Requires the California Public Utilities Commission  
(CPUC) to monitor and participate in Federal Communications  
Commissions (FCC) proceedings reviewing interconnection by  
competitive data local exchange carriers (LEC) to the incumbent  
local exchange carriers' (ILEC) local loop.  Requires CPUC to  
implement rules consistent with the FCC decision.  Specifically,  
  this bill  : 

1)Enacts the California High Speed Internet Act of 1999.

2)Requires CPUC to monitor and participate in an FCC proceeding  
  entitled "In the Matter of Deployment of Wireline Services  








                                                          AB 991
                                                          Page  2

  Offering Advanced Telecommunications Capability."  

3)Requires CPUC to comply with and implement any order issued by  
  FCC prior to January 1, 2000 within 90 days from the date that  
  such order becomes final.

4)Requires CPUC to expeditiously examine the technical,  
  operational, economic and policy implications of  
  intercomnnection and adopt rules, if appropriate, to require  
  ILECs to permit competitive data LECs to provide high  
  bandwidth data over telephone lines, if FCC does not adopt an  
  order before January 1, 2000.

  EXISTING LAW:

  1)Authorizes CPUC to regulate public utilities, including  
  telephone corporations.  

2)Provides that the Telecommunications Act of 1996 (1996 Act) is  
  intended to stimulate competition for all services, including  
  advanced services such as high-speed data services.  

  FISCAL EFFECT  :  Absorbable costs to CPUC.

 COMMENTS  :  The author has introduced this bill to give  
California residential consumers a choice of high speed data  
providers using "digital subscriber line" (DSL) technology.  DSL  
is a technology that allows a high speed data channel to run on  
higher frequencies above the frequency used to deliver analog  
voice signals.  By separating the line into a voice channel and  
a high-speed data channel, a single telephone line can carry  
both voice and data services simultaneously and, potentially,  
each service could be provided by a different carrier.  DSL  
provides residential users with the ability to connect to the  
Internet at speeds 50 times faster than modems.  

This bill is intended to ensure that customers can choose to  
receive DSL service from either the incumbent ILEC or a  
competitive data LEC at an affordable price as soon as possible.  
 Customers are able to receive DSL services from a competitive  
data LEC today, but must provide the service over a second line  
at an additional cost of approximately $20 per month.  The  
sponsor, High-Speed Access Coalition, a coalition of internet  
service providers, indicates that offering DSL on a shared line  
with existing voice service is efficient, reduces costs and will  








                                                          AB 991
                                                          Page  3

make residential DSL service more affordable. 

FCC initiated a rulemaking procedure entitled "Deployment of  
Wireline Services Offering Advanced Telecommunications  
Capability" in August, 1998, in response to petitions suggesting  
that FCC take specific actions to speed the deployment by  
wireline carriers of advanced services.  This bill is intended  
to establish that CPUC should engage in that rulemaking and  
implement FCC findings and conclusions as expeditiously as  
possible so that customers can avail themselves of a choice of  
providers at the earliest possible date.  The author has chosen  
to share the accomplishments of FCC which will be exploring  
several technical, operational, economic, pricing, and cost  
allocation issues associated with line-sharing in its rulemaking  
proceeding.

Comments in response to the numerous questions posed are due to  
FCC by June 15, 1999.  Reply Comments are due by July 15, 1999.   
While FCC has not stated at this time when the Report and Order  
will be issued, discussions with FCC staff indicate that this is  
a priority item and should be decided expeditiously.  The  
author's approach in this bill will enable CPUC to avail itself  
of the expertise and direction of FCC policymakers that have  
been reviewing issues related to advanced services since 1998.   
At the completion of FCC proceedings, CPUC will be in a position  
to institute an expedited rulemaking proceeding and establish  
rules and rates, as directed by FCC within a 90-day time period.  
 If FCC does not complete its order prior to January 1, 2000,  
CPUC will still be able to utilize the FCC record implement an  
expedited rulemaking. 


  Analysis Prepared by :  Carolyn Veal-Hunter / U. & C. / (916)  
319-2083 


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