BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1825
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 1825 (Strom Martin)
          As Amended August 8, 2000
          Majority vote
           
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          |ASSEMBLY:  |60-18|( May 30, 2000  |SENATE: |30-4 |( August 28,   |
          |           |     |)               |        |     |2000 )         |
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          Original Committee Reference:   U. & C.

          SUMMARY  :  Establishes a grant program within the California  
          Public Utilities Commission (CPUC) for the construction of  
          telecommunications infrastructure in areas not already served.

           The Senate amendments  :  
           
          2)Change the source of the funding for the grant program from  
            the California Teleconnect Fund Administrative Committee (CTF)  
            to either the California High Cost Fund-A Administrative  
            Committee (High Cost Fund-A), the California High Cost Fund-B  
            Administrative Committee (High Cost Fund-B), or both, as  
            determined by CPUC.

          2)Delete provisions for the Rural Telecommunications  
            Infrastructure Task Force (Task Force) within CPUC to  
            administer the grant program and instead specify that CPUC  
            evaluate and award grant proposals.

          3)Provide that telephone corporations receiving funding for  
            providing service in high cost areas will continue to be fully  
            reimbursed for entitled costs. 

          4)Delete the provision requiring proof of formation of a locally  
            controlled entity able to insure delivery of  
            telecommunications services from the initial grant proposal. 

          5)Require applicants to seek federal funds if available for  
            construction of infrastructure. 

          6)Allow groups to apply alternatively for grants subsidizing  
            telecommunications service instead of building of new  
            infrastructure if it would be more cost effective. 









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          7)Require applicants to provide evidence that competing  
            providers and technologies have been considered and evaluated.  


          8)Delete the restriction that no more than five grants are  
            awarded per year. 

          9)Require CPUC to consider the cost-effectiveness of the  
            application, number of people served, level of local support,  
            the ability of the community served to pay for the services  
            delivered, and effect on public health and safety before  
            awarding grants.

           EXISTING LAW:

           2)Establishes the High Cost Fund-A to advise CPUC regarding  
            programs providing transfer payments to telephone corporations  
            serving high cost rural and small metropolitan areas.

          2)Establishes the High Cost Fund-B to advise CPUC regarding  
            programs providing transfer payments to telephone corporations  
            serving high cost areas.  

          3)Requires program to be paid for in utility rates authorized by  
            CPUC.

          4)Limits the expenditure of money in the funds to specified  
            programs and upon appropriation in the annual Budget Act.

           AS PASSED BY THE ASSEMBLY,  this bill:

          2)Established the Task Force as part of CPUC to be composed of  
            one member from the CTF, the Rural Development Council, and  
            the telecommunications industry.  The executive director of  
            CPUC will appoint members.

          3)Authorized 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.

          4)Specified 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).








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          5)Stipulated that grant proposals must include preliminary  
            engineering feasibility studies conducted in cooperation with  
            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 were to be  
            approved and awarded by CPUC based on recommendation of the  
            Task Force and will be advanced directly to the grant  
            recipient.  This bill stipulated that grant applicants who are  
            rejected by the Task Force be reimbursed for the cost of their  
            preliminary engineering feasibility studies by the grant  
            program.

          6)Limited 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 limited the amount  
            awarded per applicant to no more than 25% of the total money  
            appropriated per year, and specified that only one grant be  
            awarded per community under this program.  Capped the  
            surcharge for money appropriated for use by the grant program  
            from CTF at 0.06%.  Required CTF Administrative Committee to  
            provide support for the Task Force and the grant program.

          7)Established 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 sunset the program on January 1,  
            2006.

           FISCAL EFFECT  :  According to Assembly Appropriations Committee  
          analysis, annual $10 million special fund cost 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 use  








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          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.

          The primary 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 persons living in these communities  
          must bear the cost of installation, this the associated costs  
          impose a barrier for poor and rural communities to overcome to  
          establish telephone service.

          The Senate amendments change the funding source for the grant  
          program from CTF to High Cost Funds A & B.  High Cost Fund-A  
          provides subsidies to 17 small telephone companies to permit  
          rural local exchange carriers to provide services comparable to  
          services in urban areas.  CPUC does not currently assess a  
          surcharge since subsidy payments of $6.9 million for 2000 are  
          funded through reserves of $19 million.  The Universal Service  
          Order (Decision 96-10-066) established High Cost Fund-B in 1996  
          to provide subsidy support in high cost areas of the five  
          largest Incumbent Local Exchange Carriers.  A user surcharge of  
          2.6% on intrastate billing funds High Cost Fund-B, providing a  
          budget of $444.5 million for 2000.  The projected fund balance  
          at the end of 2000 is $160.6 million.  

          Further, Senate amendments make various technical changes.  They  
          expand the scope of what applicants include in their grant  
          proposals and what CPUC considers in its evaluation of the  
          proposals, and provide that grant money may pay for  
          telecommunications service in lieu of infrastructure if it is  
          found to more cost effective.  The amendments also delete the  
          provision requiring communities to form an entity that can  
          insure delivery of telecommunications services.  This provision  
          could have resulted in added regulatory and cost burdens to  
          communities that are already unable to afford telephone service  
          due to the costs involved in constructing infrastructure.


           Analysis Prepared by  :  Jonathan Buttle / U. & C. / (916)  








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          319-2083



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