BILL ANALYSIS Senate Appropriations Committee Fiscal Summary Senator Christine Kehoe, Chair 2213 (Fuentes) Hearing Date: 08/02/2010 Amended: 06/22/2010 Consultant: Brendan McCarthy Policy Vote: EU&C 8-0 AB 2213 (Fuentes), Page 2 _________________________________________________________________ ____ BILL SUMMARY: AB 2213 requires that every household in the state be given access to lifeline telephone service, rather than every individual. The bill authorizes the Public Utilities Commission to determine what is considered lifeline service. _________________________________________________________________ ____ Fiscal Impact (in thousands) Major Provisions 2010-11 2011-12 2012-13 Fund Regulatory costs Absorbable within existing resourcesSpecial * * Public Utilities Commission Utilities Reimbursement Account. _________________________________________________________________ ____ STAFF COMMENTS: Under current law, telephone corporations are required to provide discounted basic telephone service to low income customers. This is referred to as "lifeline" service. The Public Utilities Commission has defined basic telephone service as having 17 service elements, such as access to all toll carriers, access to 911 services, free telephone directory listing, and others. Under current law and Public Utilities Commission practice, low income telephone subscribers are eligible for lifeline service that is set at 50 percent of the cost of basic telephone service provided by AT&T. Under the current regulation of telephone service, the Public Utilities Commission regulates telephone rates for what are known as the incumbent carriers (such as AT&T). However, pursuant to deregulation of the telephone industry, beginning on January 1, 2011, telephone rates will no longer be regulated by the Commission. One impact of the pending deregulation of rates will be that lifeline service rates may increase with basic service rates. To avoid significant increases in lifeline rates, the Commission has opened a proceeding to determine how to provide lifeline service under deregulation. That proceeding is also considering whether to broaden lifeline service beyond fixed, wireline service to other technologies. The cost of providing lifeline service is subsidized by non-lifeline telephone customers. AB 2213 (Fuentes), Page 2 AB 2213 makes definitional changes to the lifeline program. Specifically, the bill replaces citizen or person in several places with household and defines household as a residential dwelling, but not a business. The bill also changes current law to require that the Commission ensure that lifeline service subscribers be provided one lifeline subscription, rather than a single party line (i.e. a fixed telephone line). The bill provides that the Commission has the authority to define what is considered lifeline service. The Commission indicates that any costs under the bill can be absorbed within existing resources. Staff notes that changes to the lifeline program have the potential to have significant impacts on ratepayers. If the lifeline program is expanded to services beyond basic fixed line phone service (such as mobile phones or other technologies) that are more expensive than basic service, ratepayers could see increased costs to subsidize expanded service. The impact on ratepayers is unknown, but could be significant. The bill makes definitional changes that clarify the Public Utilities Commission's authority to expand the lifeline program to alternative technologies. However, staff at Legislative Counsel has informally indicated that the Commission has broad authority under the Constitution and the Public Utilities Code to manage the lifeline program - including the authority to expand the program to alternative technologies. Because this bill does not require the Commission to expand lifeline service and because the Commission has existing authority to do so, this bill will does not impose additional costs on ratepayers beyond what is allowed under current law.