BILL ANALYSIS                                                                                                                                                                                                                   1
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             SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
                            DEBRA BOWEN, CHAIRWOMAN
          

          AB 1825 -  Strom-Martin                           Hearing  
          Date:  June 27, 2000                 A
          As Amended:         June 26, 2000            FISCAL       B

                                                                       
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                                   DESCRIPTION
           
           This bill  creates a grant program of up to $10 million  
          annually, funded out of an existing surcharge on telephone  
          service, to extend telecommunications service to  
          communities which don't currently have telephone service.  

           This bill  establishes the Rural Telecommunications  
          Infrastructure Task Force to evaluate those grant  
          proposals.

           This bill  sunsets on January 1, 2006.

                                   BACKGROUND
           
          California has long embraced a policy of universal  
          telephone service.  That policy has resulted in rate  
          subsidies for low-income and rural consumers, as well as  
          subsidies to extend telephone wiring to people who aren't  
          located adjacent to existing telephone plant.  However,  
          some communities are so far away from an existing telephone  
          plant that the cost of extending telephone service to them  
          will never be recouped, even with the existing subsidies.  

          This bill creates a grant program to pay for the capital  
          expenditures to build a network to serve those remote,  
          unserved communities.   A recent report by the State  











               Auditor estimated that 112,000 people live in areas where  
               telephone service isn't offered.

               The existing surcharge program, which this bill taps into,  
               is known as the California High-Cost Fund-B (CHCF-B).  It  
               raises $500 million a year to subsidize local telephone  
               service rates for roughly 4 million customers at about $125  
               per customer, per year. 

               The bill diverts $10 million from the CHCF-B program each  
               year to pay for the program it creates.  The funding must  
               come from existing monies in the fund and may not increase  
               the current 2.6% surcharge on all intrastate telephone  
               service that funds the program.  (The CHCF-B differs from  
               the CHCF-A, which the Committee voted to extend in AB 995  
               (Wright) at the June 13, 2000 hearing.  CHCF-B deals with  
               the largest telephone companies while CHCF-A deals with the  
               smallest.)




































          The bill creates the Rural Telecommunications  
          Infrastructure Task Force.  The three members of the Task  
          Force are appointed by the Executive Director of the  
          California Public Utilities Commission (CPUC) and include  
          one member of the telecommunications industry, one member  
          of the Rural Development Council, and one member of the  
          Administrative Committee for CHCF-B.  The Task Force will  
          review the grant proposals and make recommendations to the  
          CPUC for final action.  Grant proposals must contain  
          engineering feasibility studies, local letters of  
          recommendation, letters of commitment from 75% of the  
          unserved population, a project schedule, and a management  
          plan.

          The grant program is need-based in that the median income  
          of the community to be served cannot exceed the level used  
          to determine Lifeline Service eligibility, which is 150% of  
          the federal poverty level.  Grant applicants must also seek  
          federal funding.

                                    QUESTIONS  

          1.Should this measure establish a cost-effectiveness  
            threshold for grant proposals?

          2.Should the grants to be awarded by the program created by  
            this bill require a match by the local community to be  
            served?

          3.Should the task force created by this bill be revised or  
            eliminated?

          4.Will diverting money from an existing program to fund the  
            program created by this bill have a negative impact on  
            people who benefit from the existing program?

                                     COMMENTS
           
           1)Should Telephone Service Be Extended Regardless of Cost?    
            While California has a long-standing universal service  
            policy as it applies to telephone service, that policy is  
            not absolute.  If it were, every Californian would have a  
            telephone and this bill wouldn't be necessary.  











                 The grant proposal created by this bill doesn't contain a  
                 minimum cost effectiveness threshold or require the CPUC  
                 to determine that providing telephone service via a grant  
                 established by this bill is cost effective.  If, for  
                 example, a grant of $25,000 is required to build the  
                 telecommunications network needed to serve 250 people,  
                 that - at $100 per person - might be considered a  
                 reasonable expenditure.  However, if instead it required  
                 $2.5 million to extend telephone service to those same  
                 people - at a cost of $10,000 per person - then such an  
                 expenditure might not be reasonable.   The author and  
                 Committee may wish to consider  establishing some minimum  
                 cost effectiveness threshold in the bill or requiring the  
                 CPUC to set a threshold under which grants could be  
                 awarded.  

                2)Should The Grants Be Matched?   The grant program provides  
                 funding to build a telecommunications network, but it  
                 doesn't pay to operate such a network or to pay for the  
                 purchase of telecommunications services by customers.  


































            There is no requirement for a local match for the  
            infrastructure costs, nor is there a requirement that the  
            CPUC make a determination that the grant recipient has  
            funds available to operate the system or that the people  
            to be served by the system can afford to pay for service.  
             At a minimum,  the author and Committee may wish to  
            consider  requiring the CPUC to make the latter two  
            findings before awarding any grant.

            Another avenue to explore is whether grants should be  
            awarded to people or communities to operate, for example,  
            a satellite phone network.  Depending on the community,  
            that may be much more cost effective than installing an  
            entire telephone infrastructure.

           3)Revising - Or Eliminating - The Task Force  .  The bill  
            creates a 3-member Task Force to administer the program  
            and evaluate grant proposals.  It consists of a member of  
            the CHCF-B Administrative Committee, a member of the  
            Rural Development Council, and a member of the  
            telecommunications industry.

            Because the Task Force is charged with evaluating grant  
            proposals, the telecommunications industry Task Force  
            member could have a conflict of interest in that his or  
            her company - or rival company - may be a part of the  
            grant proposal.   The author and Committee may wish to  
            consider  eliminating that potential conflict either by  
            eliminating the telecommunications industry  
            representative from the Task Force or by eliminating the  
            Task Force altogether and simply requiring the CPUC to  
            create a process for reviewing grant proposals.

           4)Funding The Program  . The California High-Cost Fund-B  
            (CHCF-B), which this bill taps into, is funded by a 2.6%  
            surcharge on all intrastate telephone service and raises  
            $500 million a year to subsidize local telephone service  
            rates for roughly 4 million customers at about $125 per  
            customer, per year. 

            The bill diverts $10 million from the CHCF-B program each  
            year for five years.  The existing CHCF-B fund is  
            forecast to have a reserve of $160 million by the end of  
            the year, so theoretically, diverting $10 million a year  










                 for five years from the reserve to fund the grant program  
                 established by this bill won't impact the CHCF-B subsidy  
                 program.  However, because the existing subsidy program  
                 is a needs-based program, there's no guarantee that the  
                 reserves won't be spent down before the program created  
                 by this bill expires.  If that occurs, either someone  
                 entitled to subsidized telephone service won't be able to  
                 receive it or the amount of the surcharge will have to be  
                 raised to ensure both programs are funded.

                5)Grants Capped  .  This measure caps the maximum amount of  
                 any individual grant at $2.5 million.   The author and  
                 Committee may wish to consider  whether that cap is  
                 appropriate.
                                              







































                                 ASSEMBLY VOTES
           
          Assembly Utilities and Commerce Committee(9-0)
          Assembly Appropriations Committee  (14-7)
          Assembly Floor                     (60-18)

                                    POSITIONS
           
           Sponsor:
           Author

           Support:
           California Telephone Association
          Kern County Superintendent of Schools

           Oppose:
           Office of Ratepayer Advocates



          Randy Chinn 
          AB 1825 Analysis
          Hearing Date:  June 27, 2000