BILL ANALYSIS                                                                                                                                                                                                    



                                                                       


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          |SENATE RULES COMMITTEE            |                   AB 994|
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                                 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





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          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.







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           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).   







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          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







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          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

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