BILL ANALYSIS AB 1825 Page 1 ASSEMBLY THIRD READING AB 1825 (Strom Martin) As Amended: May 17, 2000 Majority vote UTILITIES AND COMMERCE 9-0 APPROPRIATIONS 14-7 ----------------------------------------------------------------- |Ayes:|Wright, Pescetti, |Ayes:|Migden, Alquist, Aroner, | | |Calderon, Campbell, | |Cedillo, Corbett, Davis, | | |Cardenas, Maddox, | |Kuehl, Papan, Romero, | | |Mazzoni, Papan, Reyes | |Shelley, Thomson, Wesson, | | | | |Wiggins, Wright | | | | | | |-----+--------------------------+-----+--------------------------| | | |Nays:|Campbell, Ackerman, | | | | |Ashburn, Brewer, | | | | |Maldonado, Runner, Zettel | ----------------------------------------------------------------- SUMMARY : Establishes the Rural Telecommunications Infrastructure Task Force (Task Force) to facilitate community efforts to deploy telecommunications infrastructure and administer a grant program to provide community based groups with resources to build telecommunications infrastructure. Specifically, this bill : 1)Establishes the Task Force as part of California Public Utilities Commission (CPUC) to be composed of one member from the California Teleconnect Fund (CTF) Administrative Committee, the Rural Development Council, and the telecommunications industry. The executive director of CPUC will appoint members. 2)Authorizes the Task Force to administer a needs-based grant program allowing 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. 3)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). 4)Stipulates that grant proposals must include preliminary engineering feasibility studies, conducted in cooperation with AB 1825 Page 2 the local exchange providers, cost projections, recommendations and letters of support from local government bodies, letters of commitment from 75% of the unserved population, a plan assuring proper use of the funds, documents showing the formation of a locally controlled entity that can insure delivery of telecommunications services, and a project schedule that includes timeline and budget. Grants will be approved and awarded by CPUC based on recommendation of the Task Force and will be advanced directly to the grant recipient. This bill 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. 5)Limits the number of grants awarded per year to no more than five and limits the total amount appropriated per year for the 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. Caps the surcharge for money appropriated for use by the grant program from CTF at 0.06%. Requires the CTF Administrative Committee to provide support for the Task Force and the grant program. 6)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. This bill sunsets the program on January 1, 2006. EXISTING LAW : 1)Establishes the CTF Administrative Committee to provide discounted rates for qualifying schools, libraries, health clinics, and community organizations and is paid for in the utility rates authorized by CPUC. 2)Provides for an advisory board that advises CPUC regarding the CTF program and creates a fund for the advisory board in the State Treasury in which funds generated by the CTF program are deposited. 3)Limits the expenditure of money in the fund to specified programs and upon appropriation in the annual Budget Act. AB 1825 Page 3 FISCAL EFFECT: According to the Assembly Appropriations Committee analysis, annual special fund cost of $10 million for five years. COMMENTS : 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 areas must either go without telephone service entirely, or utilize wireless technologies such as radio, cellular, or satellite telephones. 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 offers limited access to the Internet. 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. However, satellite services include 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. 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. Because communities must bear the cost of installation themselves, this level of cost imposes a difficult barrier for poor and rural communities to overcome to establish telephone service. The 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 0.05%, and the fund has a surplus of $30.7 million. The CTF programs provide discounted basic telecommunications services to AB 1825 Page 4 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. This bill expands CTF's programs to include funding 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. 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 this bill will adjust on an annual basis to correspond to the rate of inflation for future grant recipients. This bill requires the grant proposal to include documents confirming the formation of a locally controlled entity that will be able to insure delivery of telecommunications services to the community. This provision requires communities to own and maintain the newly constructed telephone infrastructure, rather than having ownership transfer to the local exchange carrier once the construction is finished as is normally the case. In effect, the entity the community forms becomes a carrier of last resort, subject to full regulatory authority by CPUC as a telephone company. Forming this entity will result in added regulatory and cost burdens to communities that are already unable to afford telephone service due to the costs involved in constructing infrastructure. Under this bill, the grant program will reimburse rejected communities for the cost of the preliminary engineering study. Because this program requires communities to advance monies to pay 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. AB 1825 Page 5 Analysis Prepared by : Jonathan Buttle / U. & C. / (916) 319-2083 FN: 0004923