BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 994| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 994 Author: Wright (D) Amended: 6/19/00 in Senate Vote: 21 SENATE ENERGY, U.&C. COMMITTEE : 8-0, 6/13/00 AYES: Bowen, Alarcon, Brulte, Kelley, Mountjoy, Murray, Peace, Solis NOT VOTING: Hughes, Speier, Vasconcellos SENATE APPROPRIATIONS COMMITTEE : 11-0, 6/26/00 AYES: Alpert, Bowen, Escutia, Johnson, Karnette, Kelley, Leslie, McPherson, Mountjoy, Perata, Vasconcellos NOT VOTING: Johnston, Burton ASSEMBLY FLOOR : 76-0, 1/26/00 - See last page for vote SUBJECT : Telephone rates: bills: rural telephone cooperatives SOURCE : Author DIGEST : This bill, relating to telephone rates and rural telephone cooperatives, would do the following: 1.Extend from January 1, 2001, to January 1, 2005, provisions which require the State Public Utilities Commission (PUC) to maintain a program to establish a local rate structure designed to reduce disparities in rates charged by small, independent telephone corporations. CONTINUED AB 994 Page 2 2.Require the PUC to open a proceeding to adopt consumer protection rules. 3.Require the PUC to submit a report by January 1, 2002, on the feasibility of establishing rural telephone cooperatives or other alternative service configurations to promote rural telephone service. Note: The Assembly votes were based on a prior version of this bill which only included language related to the telephone cooperative segment of the measure. ANALYSIS : Current law limits the types of charges that can be included in the telephone bill to communications-related products and services, along with non-communications products and services as approved by the California Public Utilities Commission (CPUC). This limitation sunsets on January 1, 2001. The PUC has a proceeding underway to establish consumer protections if and when that prohibition expires. This bill extends that sunset until July 1, 2001. The bill requires the PUC to open a proceeding to adopt consumer protection rules. Current law encourages the deployment of universal telephone service in rural areas through a subsidy program for small independent telephone corporations. The rural telephone service subsidy statutes require the Legislative Analyst to submit a report on the State's universal telephone service programs in conjunction with its report on the 2000-01 Budget Bill. That report has not been prepared and is not in the process of being prepared. This program sunsets on January 1, 2001. This bill extends that sunset until January 1, 2005. The bill also requires the Legislative Analyst to conduct the review not later than February 1, 2001. This bill requires the PUC to prepare a report on the feasibility of establishing rural telephone cooperatives to promote rural telephone service, including voice and data transmission service, in California. AB 994 Page 3 Background Telephone Service Billing . Responding to increasing complaints about the unauthorized inclusion of charges on a customer's telephone bill (also known as "cramming"), the Legislature in 1998 restricted the types of charges that could be included in the bill. Under the law, a telephone bill may only contain charges for communications-related goods and services. The statute also permitted the PUC to permit non-communications related goods and services to be included with the telephone bill but as a separate page. These restrictions sunset on January 1, 2001. Existing law sets up a variety of consumer protections for goods and services billed through the telephone bill which are not subject to the sunset provision noted above. These protections include precluding a phone company from shutting off service for non-payment of a non-telephone-related services, clear labeling of additional charges, creation of a toll-free customer care number, and a rebuttable presumption that a charge which hasn't been verified by the seller was not authorized. Rural Telephone Service Subsidy . California has 21 incumbent local telephone companies, but the two largest - Pacific Bell and GTE - serve about 98 percent of the telephones in the State. The remaining companies serve predominantly rural areas and as part of California's ongoing commitment to universal service, the Legislature created a program to subsidize telephone service provided by the 17 smallest of these telephone companies. The subsidy stemmed from the recognition that it's more expensive for these companies to serve small, relatively sparsely populated rural areas than it is for Pacific Bell or GTE to serve large, more densely populated urban and suburban areas. The goal of the subsidy program is to ensure that basic telephone rates for these telephone companies does not exceed 150 percent of Pacific Bell's rate. This subsidy is paid for by all telephone ratepayers via a surcharge on their telephone bills. Those monies go into a fund known as the California High Cost Fund-A (CHCF-A). AB 994 Page 4 For the last four years, the surcharge level has been zero because the program's expenses have been paid for out of the balance collected in prior years. This year, seven telephone companies are to receive $6.9 million from CHCF-A. In 1999, the total cost of the program was $4.9 million. Recipients of CHCF-A Funding for 2000 Cal-Ore Telephone Company Citizens Telecommunications Company of Tuolumne Ducor Telephone Company Sierra Telephone Company Siskiyou Telephone Company Ponderosa Telephone Company Volcano Telephone Company Telephone Cooperative Study . "Cooperatives" are consumer-owned businesses created to take advantage of scale and scope economies for the provision of specified goods and services to members and, potentially, non-members. Electric cooperatives have been successfully formed to take advantage of the members aggregated buying power to obtain discounts and services. This bill requires the PUC to investigate rural telephone cooperatives as a means of providing service to rural California and to report to the Legislature by January 1, 2002. The State Auditor estimates that 112,000 people, or three percent of the rural population, live in areas where traditional phone service isn't offered. The author would like to investigate whether telephone cooperatives are a viable way for these unserved to obtain service. No telephone cooperatives exist in California, though the National Telephone Cooperative Association estimates that two million residents are served by telephone cooperatives in other states. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes SUPPORT : (Verified 6/27/00) California Telephone Association AB 994 Page 5 GTE California Incorporated Office of Ratepayer Advocates ASSEMBLY FLOOR AYES: Aanestad, Alquist, Aroner, Baldwin, Bates, Battin, Baugh, Bock, Brewer, Briggs, Calderon, Campbell, Cardenas, Cardoza, Cedillo, Corbett, Correa, Cox, Cunneen, Davis, Dickerson, Ducheny, Dutra, Firebaugh, Florez, Frusetta, Gallegos, Granlund, Havice, Hertzberg, House, Jackson, Kaloogian, Keeley, Knox, Kuehl, Leach, Lempert, Leonard, Longville, Lowenthal, Machado, Maddox, Maldonado, Margett, Mazzoni, McClintock, Migden, Nakano, Olberg, Oller, Robert Pacheco, Rod Pacheco, Papan, Pescetti, Reyes, Romero, Runner, Scott, Shelley, Soto, Steinberg, Strickland, Strom-Martin, Thompson, Thomson, Torlakson, Vincent, Washington, Wayne, Wesson, Wiggins, Wildman, Wright, Zettel, Villaraigosa NOT VOTING: Ackerman, Ashburn, Floyd, Honda NC:kb 6/28/00 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****