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