BILL NUMBER: AB 1528	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Ruskin

                        FEBRUARY 27, 2009

   An act to add Section 709.1 to the Public Utilities Code, relating
to telecommunications.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1528, as introduced, Ruskin. Telecommunications.
   Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including telephone corporations,
as defined. Existing law authorizes the commission to fix the rates
and charges for every public utility, and requires that those rates
and charges be just and reasonable. Existing law sets forth the
telecommunications policies of the state. An existing decision of the
commission established a uniform regulatory framework for the large-
and mid-sized incumbent local exchange carriers that granted those
telephone corporation broad pricing freedoms concerning almost all
telecommunications services, new telecommunications products, bundles
of services, promotions, and contracts.
   This bill would require the commission to collect
California-specific data necessary to monitor changes in the
telecommunications market to determine whether adoption of the
uniform regulatory framework is achieving results consistent with the
state's telecommunications policies. The bill would require the
commission to require that all telephone corporations report certain
information on a quarterly basis and report on the content and
resolution of customer complaints.
   Under existing law, a violation of the Public Utilities Act or any
order, decision, rule, direction, demand, or requirement of the
commission is a crime.
   Because the provisions of this bill are within the act and require
action by the commission to implement its requirements, 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.
   AB 1528, as introduced, Ruskin. Telecommunications.
   Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including telephone corporations,
as defined. Existing law authorizes the commission to fix the rates
and charges for every public utility, and requires that those rates
and charges be just and reasonable. Existing law sets forth the
telecommunications policies of the state. An existing decision of the
commission established a uniform regulatory framework for the large-
and mid-sized incumbent local exchange carriers that granted those
telephone corporation broad pricing freedoms concerning almost all
telecommunications services, new telecommunications products, bundles
of services, promotions, and contracts.
   This bill would require the commission to collect
California-specific data necessary to monitor changes in the
telecommunications market to determine whether adoption of the
uniform regulatory framework is achieving results consistent with the
state's telecommunications policies. The bill would require the
commission to require that all telephone corporations report certain
information on a quarterly basis and report on the content and
resolution of customer complaints.
   Under existing law, a violation of the Public Utilities Act or any
order, decision, rule, direction, demand, or requirement of the
commission is a crime.
   Because the provisions of this bill are within the act and require
action by the commission to implement its requirements, 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.
   AB 1528, as introduced, Ruskin. Telecommunications.
   Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including telephone corporations,
as defined. Existing law authorizes the commission to fix the rates
and charges for every public utility, and requires that those rates
and charges be just and reasonable. Existing law sets forth the
telecommunications policies of the state. An existing decision of the
commission established a uniform regulatory framework for the large-
and mid-sized incumbent local exchange carriers that granted those
telephone corporation broad pricing freedoms concerning almost all
telecommunications services, new telecommunications products, bundles
of services, promotions, and contracts.
   This bill would require the commission to collect
California-specific data necessary to monitor changes in the
telecommunications market to determine whether adoption of the
uniform regulatory framework is achieving results consistent with the
state's telecommunications policies. The bill would require the
commission to require that all telephone corporations report certain
information on a quarterly basis and report on the content and
resolution of customer complaints.
   Under existing law, a violation of the Public Utilities Act or any
order, decision, rule, direction, demand, or requirement of the
commission is a crime.
   Because the provisions of this bill are within the act and require
action by the commission to implement its requirements, 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) In Decision 06-08-030, the Public Utilities Commission granted
large- and mid-sized incumbent local exchange carriers broad pricing
freedoms concerning almost all telecommunications services, new
telecommunications products, bundles of services, promotions, and
contracts, effectively deregulating telephone service.
   (b) Decision 06-08-030 further permitted geographic deaveraging of
rates and eliminated California-specific monitoring reports while
relying on forecasts of market evolution and predictions about price
changes to ensure consumers receive just and reasonable rates and
appropriate levels of service.
   (c) In order to verify that competitive forces are having the
desired effect, data specific to California relative to prices,
competition, affordability, and the deployement and equitable
provision of new technologies and services is necessary for the
Legislature to determine whether changes in the telephone service
regulatory framework are producing results consistent with California
telecommunications policies, including those set forth in Section
709 of the Public Utilities Code.
   (d) Reliance exclusively upon reports produced by the Federal
Communications Commission and submitted to Congress is insufficient
to determine the extent to which California's telecommunications
policies are being achieved.
  SEC. 2.  Section 709.1 is added to the Public Utilities Code, to
read:
   709.1.  (a) For purposes of this section, "uniform regulatory
framework" means the system of rate regulation adopted by the
commission for large- and mid-sized incumbent local exchange carriers
pursuant to Decision 06-08-030, as modified in Decision 06-12-044.
   (b) The commission shall collect California-specific data
necessary to monitor changes in the telecommunications market to
determine whether adoption of the uniform regulatory framework is
achieving results consistent with the state's policies for
telecommunications set forth in Section 709.
   (c) Pursuant to subdivision (b), the commission shall require all
telephone corporations to quarterly report, in standardized format,
geographically specific data setting forth current prices charged for
the following services:
   (1) Basic residential and business line service.
   (2) Universal Lifeline Telephone Service.
   (3) Nonrecurring charges.
   (4) Privacy-related services.
   (5) Services relied on by persons with disabilities.
   (6) The lowest priced residential and business service packages or
bundles of services that contain the functional equivalent of basic
service and including all services traditionally associated with
basic service.
   (7) Toll limitations.
   (8) The prices for mobile telephony service bundles, stand-alone,
and broadband services bundled with telephone service.
   (d) Pursuant to subdivision (b), the commission shall require all
telephone corporations to quarterly report on service availability by
census tract, and line counts, including voice grade wireline,
broadband, and wireless service, by customer class if applicable.
   (e) Pursuant to subdivision (b), the commission shall require all
telephone corporations to report on the content and resolution of
customer complaints.
  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.

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) In Decision 06-08-030, the Public Utilities Commission granted
large- and mid-sized incumbent local exchange carriers broad pricing
freedoms concerning almost all telecommunications services, new
telecommunications products, bundles of services, promotions, and
contracts, effectively deregulating telephone service.
   (b) Decision 06-08-030 further permitted geographic deaveraging of
rates and eliminated California-specific monitoring reports while
relying on forecasts of market evolution and predictions about price
changes to ensure consumers receive just and reasonable rates and
appropriate levels of service.
   (c) In order to verify that competitive forces are having the
desired effect, data specific to California relative to prices,
competition, affordability, and the deployement and equitable
provision of new technologies and services is necessary for the
Legislature to determine whether changes in the telephone service
regulatory framework are producing results consistent with California
telecommunications policies, including those set forth in Section
709 of the Public Utilities Code.
   (d) Reliance exclusively upon reports produced by the Federal
Communications Commission and submitted to Congress is insufficient
to determine the extent to which California's telecommunications
policies are being achieved.
  SEC. 2.  Section 709.1 is added to the Public Utilities Code, to
read:
   709.1.  (a) For purposes of this section, "uniform regulatory
framework" means the system of rate regulation adopted by the
commission for large- and mid-sized incumbent local exchange carriers
pursuant to Decision 06-08-030, as modified in Decision 06-12-044.
   (b) The commission shall collect California-specific data
necessary to monitor changes in the telecommunications market to
determine whether adoption of the uniform regulatory framework is
achieving results consistent with the state's policies for
telecommunications set forth in Section 709.
   (c) Pursuant to subdivision (b), the commission shall require all
telephone corporations to quarterly report, in standardized format,
geographically specific data setting forth current prices charged for
the following services:
   (1) Basic residential and business line service.
   (2) Universal Lifeline Telephone Service.
   (3) Nonrecurring charges.
   (4) Privacy-related services.
   (5) Services relied on by persons with disabilities.
   (6) The lowest priced residential and business service packages or
bundles of services that contain the functional equivalent of basic
service and including all services traditionally associated with
basic service.
   (7) Toll limitations.
   (8) The prices for mobile telephony service bundles, stand-alone,
and broadband services bundled with telephone service.
   (d) Pursuant to subdivision (b), the commission shall require all
telephone corporations to quarterly report on service availability by
census tract, and line counts, including voice grade wireline,
broadband, and wireless service, by customer class if applicable.
   (e) Pursuant to subdivision (b), the commission shall require all
telephone corporations to report on the content and resolution of
customer complaints.
  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.

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) In Decision 06-08-030, the Public Utilities Commission granted
large- and mid-sized incumbent local exchange carriers broad pricing
freedoms concerning almost all telecommunications services, new
telecommunications products, bundles of services, promotions, and
contracts, effectively deregulating telephone service.
   (b) Decision 06-08-030 further permitted geographic deaveraging of
rates and eliminated California-specific monitoring reports while
relying on forecasts of market evolution and predictions about price
changes to ensure consumers receive just and reasonable rates and
appropriate levels of service.
   (c) In order to verify that competitive forces are having the
desired effect, data specific to California relative to prices,
competition, affordability, and the deployement and equitable
provision of new technologies and services is necessary for the
Legislature to determine whether changes in the telephone service
regulatory framework are producing results consistent with California
telecommunications policies, including those set forth in Section
709 of the Public Utilities Code.
   (d) Reliance exclusively upon reports produced by the Federal
Communications Commission and submitted to Congress is insufficient
to determine the extent to which California's telecommunications
policies are being achieved.
  SEC. 2.  Section 709.1 is added to the Public Utilities Code, to
read:
   709.1.  (a) For purposes of this section, "uniform regulatory
framework" means the system of rate regulation adopted by the
commission for large- and mid-sized incumbent local exchange carriers
pursuant to Decision 06-08-030, as modified in Decision 06-12-044.
   (b) The commission shall collect California-specific data
necessary to monitor changes in the telecommunications market to
determine whether adoption of the uniform regulatory framework is
achieving results consistent with the state's policies for
telecommunications set forth in Section 709.
   (c) Pursuant to subdivision (b), the commission shall require all
telephone corporations to quarterly report, in standardized format,
geographically specific data setting forth current prices charged for
the following services:
   (1) Basic residential and business line service.
   (2) Universal Lifeline Telephone Service.
   (3) Nonrecurring charges.
   (4) Privacy-related services.
   (5) Services relied on by persons with disabilities.
   (6) The lowest priced residential and business service packages or
bundles of services that contain the functional equivalent of basic
service and including all services traditionally associated with
basic service.
   (7) Toll limitations.
   (8) The prices for mobile telephony service bundles, stand-alone,
and broadband services bundled with telephone service.
   (d) Pursuant to subdivision (b), the commission shall require all
telephone corporations to quarterly report on service availability by
census tract, and line counts, including voice grade wireline,
broadband, and wireless service, by customer class if applicable.
   (e) Pursuant to subdivision (b), the commission shall require all
telephone corporations to report on the content and resolution of
customer complaints.
  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.