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 AB 1825 Page 2 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 AB 1825 Page 3 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 AB 1825 Page 4 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 AB 1825 Page 5 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