BILL ANALYSIS                                                                                                                                                                                                    



                                                             


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|SENATE RULES COMMITTEE            |                  SB 1066|
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                       THIRD READING
                              

Bill No:  SB 1066
Author:   Bowen (D)
Amended:  5/10/99
Vote:     21

  
  SENATE ENERGY, U.&.C. COMMITTEE :  4-2, 4/13/99
AYES:  Bowen, Hughes, Solis, Vasconcellos
NOES:  Kelley, Mountjoy
NOT VOTING:  Alarcon, Baca, Brulte, Peace, Speier

  SENATE ENERGY, U.&.C. COMMITTEE  :  10-0, 5/11/99
AYES:  Bowen, Alarcon, Baca, Brulte, Hughes, Kelley,  
  Mountjoy, Peace, Solis, Speier
NOT VOTING:  Vasconcellos
 

  SUBJECT  :    Telecommunications

  SOURCE  :     Author

 
  DIGEST  :    This bill states legislative intent that the  
California Public Utilities Commission open a proceeding to  
implement a process for the sharing of telephone lines.

  ANALYSIS  :    Pursuant to federal and state law and policy,  
the competitors to the local telephone companies are  
permitted to purchase pieces of the local telephone company  
networks in order to compete.  This unbundling requirement  
is a recognition of the unique monopoly position the  
incumbent local networks enjoy and is an effort to promote  
competition in the local telecommunications service arena.

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In a January oversight hearing held by the Senate Energy,  
Utilities and Communications Committee, the issue of "line  
sharing" was discussed at length.  Line sharing is a  
procedure where a single telephone line is used, or shared,  
by two companies offering different services.  A telephone  
line is a pair of copper wires and recent technological  
advances have increased the range of frequencies which can  
be carried over that copper pair.  Under line sharing, two  
companies would split the frequencies.  More concretely,  
several competitors to the incumbent local telephone  
companies (e.g., Pacific Bell and GTE) expressed a desire  
in the January hearing to use some of the frequencies to  
offer high speed telecommunications service, while allowing  
the incumbent local telephone company to continue to  
provide the traditional voice telephone service over  
different frequencies.

One of the competitors had requested the California Public  
Utilities Commission (CPUC) to require line sharing in  
California, but the CPUC declined to do so, citing an  
inadequate record and a deference to the Federal  
Communications Commission (FCC).

In March, the FCC issued an order tentatively concluding  
that line sharing is technically feasible.  The FCC noted  
"that if shared line access (i.e., line sharing) could be  
made widely available, competition for advanced services  
would grow more rapidly as consumers would not be required  
to purchase a second telephone line in order to have access  
to high-speed digital services, and competitors would offer  
advanced services to markets, such as the residential  
market, where loop costs make a stand-alone data service  
uneconomic.  Line sharing also holds the possibility of  
enabling more providers to enter the advanced services  
market and to enter the market in a manner that enables  
them to incur no greater costs than the incumbent LEC  
(local telephone company) or its affiliate will incur.  As  
a result, line sharing should promote consumer choice."  

Despite this enthusiasm, the FCC declined to require line  
sharing, citing the need for further information on  
operational, pricing and other issues.  The FCC also  
tentatively concluded that nothing precludes the states  
from mandating line sharing.  The FCC decision permits  







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states to proceed with line sharing.

This bill makes legislative findings regarding California  
and federal policies encouraging the rapid deployment of  
advanced telecommunications services and the role that  
competition can play in encouraging such deployment.  The  
bill further recognizes a recent tentative decision by the  
FCC regarding the ability of others to share the telephone  
lines owned by the local telephone companies.

This bill states legislative intent that the CPUC should  
open a proceeding to implement a process for the sharing of  
telephone lines.  The bill further states legislative  
intent that if the FCC determines that line sharing is not  
feasible, that the state should not adopt contrary  
regulations.

  Comments
  
As a result of the January oversight hearings, the author  
introduced this bill to encourage competition, improve  
availability, and lower prices for high speed internet  
access.  

This bill is supported by a variety of competitors to the  
local telephone companies who believe line sharing provides  
a viable means of making high speed Internet access  
available to more people and businesses more quickly, as  
well as by TURN, which notes that line sharing is a  
potentially lucrative source of new revenue to the local  
telephone company.  As such, TURN believe the new revenues  
should be considered when determining the rates for basic  
telephone service.

  FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
Local:  No


  SUPPORT  :   (Verified  5/12/99)

Covad Communications Company
High Speed Access Coalition (HiSAC)
MCI WorldCom
NorthPoint Communications







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TURN


NC:sl  5/13/99   Senate Floor Analyses 

               SUPPORT/OPPOSITION:  SEE ABOVE

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