BILL ANALYSIS 1 1 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 1 8 2 5 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