BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1825
                                                                  Page  1

          Date of Hearing:   April 24, 2000

                    ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE 
                               Roderick Wright, Chair
                 AB 1825 (Strom-Martin) - As Amended:  April 24, 2000
           
          SUBJECT  :   Rural telecommunications infrastructure.

           SUMMARY  :  Develops a grant program within the California  
          Teleconnect Fund (CTF) to provide community based groups with  
          resources to build telecommunications infrastructure.   
          Specifically,  this bill  :  

          1)Establishes the Rural Telecommunications Infrastructure Task  
            Force (the Task Force) as part of the California Teleconnect  
            Fund Administrative Committee (CTFAC), to be composed of  
            members appointed by the California Teleconnect Fund  
            Administrative Committee.

          1)Authorizes the Task Force to administer a needs-based grant  
            program that allows qualifying community groups lacking basic  
            telecommunications services, as defined, to apply for grants  
            after July 1, 2001 to be utilized for building original  
            telecommunications infrastructure.  

          1)Specifies that in order to qualify for the program,  
            communities must have a median income no greater than the top  
            income level for Universal Lifeline Telephone Service (ULTS).

          1)Defines that grant proposals must include preliminary  
            engineering feasibility studies conducted in cooperation with  
            the local exchange carrier, recommendations and letters of  
            support from local government bodies, letters of commitment  
            from 75% of the unserved population, and a project schedule  
            that includes timeline and budget.  Grants will be approved  
            and awarded by California Public Utilities Commission (CPUC)  
            based on recommendation of the Task Force and will be advanced  
            directly to the local exchange carrier.

          1)Stipulates that grant applicants who are rejected by the Task  
            Force will be reimbursed for the cost of their preliminary  
            engineering feasibility studies by the grant program.

          1)Limits the number of grants awarded per year to no more than  
            five and limits the total amount appropriated per year for the  








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            program to $10 million.  This bill also limits the amount  
            awarded per applicant to no more than 25% of the total money  
            appropriated per year, and specifies that only one grant will  
            be awarded to a community under this program.

          1)Caps the surcharge for money appropriated for use by the grant  
            program from CTF at 0.06%.

          1)Appropriates money from CTF for administration of the grant  
            program.

          1)Establishes a working group to develop technical criteria used  
            in evaluating grant awards to consist of representatives of  
            CPUC, the incumbent local exchange carrier industry, the  
            competitive local exchange carrier industry, and the wireless  
            carrier industry.

          1)Sunsets the program on January 1, 2006.

           EXISTING LAW:

           1)Establishes CTFAC to provide discounted rates for qualifying  
            schools, libraries, health clinics, and community  
            organizations and is paid for in the utility rates authorized  
            by CPUC.

          1)Provides for an advisory board that advises CPUC regarding CTF  
            program and creates a fund for the advisory board in the State  
            Treasury in which funds generated by CTF program are  
            deposited.

          1)Limits the expenditure of money in the fund to specified  
            programs and upon appropriation in the annual Budget Act.

           FISCAL EFFECT  :   Unknown.

           COMMENTS  :   

          1)In California, a 1999 report by the California State Auditor  
            estimates that 112,000 people live in areas that do not offer  
            traditional wire line telephone service.  Many of these people  
            reside in mountainous or isolated areas that do not have the  
            necessary infrastructure such as telephone poles and wire that  
            support access to advanced telecommunications services such as  
            high speed data and voice communications.  People in these  








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            areas must either go without telephone service entirely, or  
            utilitize wireless technologies such as radio, cellular, or  
            satellite telephones.

          1)While these technologies can provide adequate voice service to  
            many people throughout the state, people who reside in  
            mountainous terrain can experience "dead spots" with cellular  
            service when they are not within "line of sight" of cellular  
            towers, and inclement weather can reduce the effectiveness of  
            radiotelephones.  In addition, current wireless technology  
            does not offer access to the Internet.

          1)Satellite telephones can offer voice communication for  
            mountainous or otherwise isolated communities by routing the  
            signal through satellites in orbit and back to ground stations  
            and is often used as an addition to cellular telephone  
            services.  Coverage includes the entire United States at this  
            time.  However, satellite services include very minimal data  
            transmission and the cost can be high compared to cellular  
            services.  One satellite company estimates that by the end of  
            2000 it will offer a transmission rate of 9600 bytes per  
            second, which is sufficient for faxes and Internet mail but  
            limits access to high-graphic content web sites.  

          1)The main obstacle to establishing wire line transmission  
            services is the cost of installing infrastructure such as  
            telephone line extensions to communities that live in rural  
            and isolated areas.  For example, the community of Iowa Hill  
            in the Sierra foothills late last year requested a cost  
            estimate from GTE California to establish wire line telephone  
            services.  GTE California has tariffs on file with CPUC that  
            provides for a 700-foot free footage allowance beyond existing  
            telephone wire lines and a charge of $1.75 per foot beyond the  
            free footage allowance.  GTE California supplied a preliminary  
            estimate for Iowa Hill that ranged from a high of $106,410.31  
            or $6,259.43 each for 17 customers to a low of $26,313.30 or  
            $337.35  each for 78 customers.  Because communities must bare  
            the cost of installation themselves, this level of cost  
            imposes a difficult barrier for poor and rural communities to  
            overcome to establish phone service.

          1)CTF program is funded by a surcharge on intrastate billings.   
            The Universal Service Order (Decision 96-10-066) established a  
            0.41% surcharge, which was intended to raise $50 million per  
            year to fund CTF discounts.  At present the surcharge is only  








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            0.05% with a surplus of $30.7 million.  CTF program is  
            designed to provide discounted basic telecommunications  
            services to qualifying schools, libraries, hospitals, and  
            community based organizations.  Basic telecommunications  
            services is defined as "a certain defined minimum level of  
            telecommunications service which each carrier of local  
            exchange service is required to provide to all of its  
            residential customers who request local exchange service."  It  
            goes on to list 17 service elements that are included under  
            basic service. 

          1)This bill expands CTF's mandate to include the development of  
            a grant program for the construction of telecommunications  
            infrastructure and appropriates $10 million per year for the  
            program.  This bill caps the amount that can be charged  
            against CTF's billing base at 0.06% that raises approximately  
            $9.6 million annually.

          1)This bill establishes the Task Force within CTFAC, which  
            administers the grant program for low-income communities that  
            lack traditional telecommunications services to build needed  
            infrastructure to extend service to their residents.  The  
            program will be administered as part of CTFAC, and requires  
            CPUC to establish a government-industry working group, which  
            will develop technical criteria for grant administration. 

          1)Questions have been raised regarding how CTF, and other funds  
            designed to reimburse service providers for discounted  
            services, have been managed by CPUC.  Service providers have  
            voiced complaints that they are not being reimbursed by the  
            funds in a timely manner for the reduced-price services and  
            rates they offer eligible customers in the state.  At present,  
            CTF has in reserve millions of dollars that needs to be  
            reimbursed.  This could be a problem for the program if CTFAC  
            is either unable or unwilling to process grant requests in a  
            timely manner.  

          1)This bill restricts applicants to communities that have a  
            median income no greater than the top income level used to  
            qualify for ULTS.  According to CPUC, the top income level  
            under ULTS is $25,090 per year collectively for a household  
            with four members.  CPUC regulations require adjustment of  
            ULTS income brackets annually by May 1, which then become  
            effective June 1 each year.  Thus, qualifying income brackets  
            under the bill will be adjusted on an annual basis to  








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            correspond to the rate of inflation for future grant  
            recipients.

          1)This bill also calls for reimbursement of the cost of the  
            preliminary engineering study as required by this bill to  
            grant applicants if they are rejected.  Because the program  
            requires communities to advance monies for the preliminary  
            engineering study, reimbursement ensures that poor communities  
            are able to apply for a grant without concerns about expending  
            money for the study.

          1)Related legislation.  AB 994 (Wright) directs CPUC to author a  
            study as to whether rural telephone cooperatives are a viable  
            alternative for communities who wish to establish  
            telecommunications service.  As part of the study, AB 994  
            requires CPUC to determine the number of communities in  
            California with over 20 families not served by traditional  
            telephone service.  Since the focus of AB 1825 is on poor  
            communities, AB 994 examines a possible mechanism for  
            communities and areas that do not qualify for the grant  
            program to establish telephone service.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support  

          Associated Communications and Research Services, Inc.
          Sierra Economic Development District

           Opposition  

          None on file.
           

          Analysis Prepared by  :    Jonathan Buttle / U. & C. / (916)  
          319-2083