BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1066| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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. CONTINUED SB 1066 Page 2 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 SB 1066 Page 3 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 SB 1066 Page 4 TURN NC:sl 5/13/99 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****