BILL NUMBER: AB 1315	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 16, 2010
	AMENDED IN SENATE  AUGUST 2, 2010
	AMENDED IN SENATE  JUNE 16, 2010
	AMENDED IN ASSEMBLY  MAY 5, 2009

INTRODUCED BY   Assembly Member Fuentes

                        FEBRUARY 27, 2009

   An act to add Section 716 to the Public Utilities Code, relating
to telecommunications.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1315, as amended, Fuentes. Telecommunications: Public Utilities
Commission: Federal Communications Commission: forbearance
petitions.
   The federal Communications Act of 1934, as amended by the federal
Telecommunications Act of 1996, establishes a program of cooperative
federalism for the regulation of telecommunications to attain the
goal of local competition, while implementing specific, predictable,
and sufficient federal and state mechanisms to preserve and advance
universal service, consistent with certain universal service
principles. The act authorizes an incumbent local exchange carrier,
as defined, to file a forbearance petition with the Federal
Communications Commission (FCC) to require the FCC to forbear from
applying any regulation or any provision of the act to a
telecommunications carrier, as defined, or telecommunications
service, as defined, in any or some of its or their geographic
markets, if the FCC makes certain determinations.
   Under existing law, the Public Utilities Commission (PUC) has
regulatory authority over public utilities, including telephone
corporations, as defined.
   This bill would provide that if an incumbent local exchange
carrier files a forbearance petition with the FCC requesting that the
FCC forbear from enforcing that carrier's duty to provide to any
requesting telecommunications carrier nondiscriminatory access to
network elements on an unbundled basis at any technically feasible
point on rates, terms, and conditions that are just, reasonable, and
nondiscriminatory, within any metropolitan statistical area located
in the state, the PUC would be required to participate in that
forbearance proceeding by  timely  filing 
substantive  comments on the petition, providing data on
 local  competition in the metropolitan statistical
area that is the subject of the petition, and taking any other action
that advances the state's policies promoting competition in
telecommunications markets. The bill would require the PUC to develop
a  process and  sample data request for collecting
data on  local  competition in any California
metropolitan statistical area, and would require all providers of
 local telephone service   voice communications
services  , as specified, to provide all data and other
information  relevant to the forebearance petition 
requested by the PUC.
   Under existing law, a violation of the Public Utilities Act or any
order, decision, rule, direction, demand, or requirement of the PUC
is a crime.
   Because the provisions of this bill are within the act and certain
of the bill's provisions require action by the PUC to implement, a
violation of these provisions would impose a state-mandated local
program by creating a new crime.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) The federal Telecommunications Act of 1996 (Public Law
104-104) amended the federal Communications Act of 1934 (47 U.S.C.
Sec. 151 et seq.), to establish a program of cooperative federalism
for the regulation of telecommunications to attain the goal of local
competition, while implementing specific, predictable, and sufficient
federal and state mechanisms to preserve and advance universal
service, consistent with certain universal service principles.
   (b) Consistent with the federal Telecommunications Act of 1996,
state law declares the policies for telecommunications for California
to include removal of the barriers to open and competitive markets
and promoting fair product and price competition in a way that
encourages greater efficiency, lower prices, and more consumer
choices, while continuing the state's universal service commitment.
   (c) Section 10 of the federal Communications Act of 1934 (47
U.S.C. Sec. 160) permits an incumbent local exchange carrier to file
a forbearance petition with the Federal Communications Commission
(FCC), pursuant to the practice and procedure regulations for
forbearance proceedings adopted by the FCC (47 C.F.R. 1.53 to 1.59),
requesting that the FCC forbear from enforcing that carrier's duty to
provide to any requesting telecommunications carrier,
nondiscriminatory access to network elements on an unbundled basis at
any technically feasible point on rates, terms, and conditions that
are just, reasonable, and nondiscriminatory (47 U.S.C. Sec. 251(c)(3)
and Sec. 271(c)(2)(B)(ii)).
   (d) In order to fulfill the state's policies for
telecommunications, when an incumbent local exchange carrier that is
a telephone corporation subject to the authority and jurisdiction of
the PUC, files a forbearance petition with the FCC requesting that
the FCC forbear from enforcing that carrier's duty to provide
nondiscriminatory access to network elements on an unbundled basis,
it is necessary for the PUC to monitor and evaluate the petition and
to act to advance the state's policies promoting competition in
telecommunications markets.
  SEC. 2.  Section 716 is added to the Public Utilities Code, to
read:
   716.  (a) If an incumbent local exchange carrier files a
forbearance petition with the Federal Communications Commission
pursuant to Section 10 of the federal Communications Act of 1934 (47
U.S.C. Sec. 160), requesting that the Federal Communications
Commission forbear from enforcing that carrier's duty to provide to
any requesting telecommunications carrier, nondiscriminatory access
to network elements on an unbundled basis at any technically feasible
point on rates, terms, and conditions that are just, reasonable, and
nondiscriminatory (47 U.S.C. Sec. 251(c)(3) and Sec. 271 (c)(2)(B)
(ii)), within any metropolitan statistical area located in the state,
the commission shall participate in that forbearance proceeding by
 timely  filing  substantive comments on the
petition, providing data on local   comments on the
petition, providing data on  competition in the metropolitan
statistical area that is the subject of the petition, and taking any
other action that advances the state's policies promoting competition
in telecommunications markets.
   (b) (1) In order to be prepared to timely comply with subdivision
(a), the commission shall develop a  process and 
sample data request for collecting data on  local 
competition in any California metropolitan statistical area. The data
shall include, but not be limited to, separate data on competitive
options for residential, business, and wholesale services.
   (2) All providers of  local telephone service 
 voice communications services  , including, but not limited
to, local exchange carriers, interexchange carriers, mobile
telephony service providers, and providers of facilities-based
interconnected Voice over Internet Protocol (VoIP) service, shall
provide all data and other information  relevant to the
forbearance  petition  requested by the commission
pursuant to this section. 
   (c) This section shall not give the commission jurisdiction over
providers of facilities-based interconnected VoIP service, except to
require these providers to comply with any data request made pursuant
to this section. 
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.