BILL NUMBER: SB 1462	CHAPTERED
	BILL TEXT

	CHAPTER  338
	FILED WITH SECRETARY OF STATE  SEPTEMBER 27, 2010
	APPROVED BY GOVERNOR  SEPTEMBER 25, 2010
	PASSED THE SENATE  AUGUST 27, 2010
	PASSED THE ASSEMBLY  AUGUST 23, 2010
	AMENDED IN ASSEMBLY  AUGUST 20, 2010
	AMENDED IN ASSEMBLY  AUGUST 16, 2010
	AMENDED IN ASSEMBLY  JUNE 23, 2010
	AMENDED IN ASSEMBLY  JUNE 7, 2010

INTRODUCED BY   Senator Padilla

                        FEBRUARY 19, 2010

   An act to add Chapter 13 (commencing with Section 8885) to
Division 1 of Title 2 of the Government Code, relating to
telecommunications.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1462, Padilla. Telecommunications: California Broadband
Council.
   The existing federal Telecommunications Act of 1996 establishes a
program 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 universal service principles include the principle
that consumers in all regions of the nation, including low-income
consumers and those in rural, insular, and high-cost areas, should
have access to telecommunications (including broadband) and
information services, including interexchange services and advanced
telecommunications and information services, that are reasonably
comparable to those services provided in urban areas and that are
available at rates that are reasonably comparable to rates charged
for similar services in urban areas. That act additionally requires
the Federal Communications Commission and each state commission with
regulatory jurisdiction over telecommunications services, in
California the Public Utilities Commission, to encourage the
deployment on a reasonable and timely basis of advanced
telecommunications capability to all Americans by utilizing, in a
manner consistent with the public interest, convenience, and
necessity, price-cap regulation, regulatory forbearance, measures
that promote competition in the local telecommunications market, or
other regulating methods that remove barriers to infrastructure
investment. The act defines "advanced telecommunications capability,"
without regard to any transmission media or technology, as
high-speed, switched, broadband telecommunications capability that
enables users to originate and receive high-quality voice, data,
graphics, and video telecommunications using any technology.
   This bill would establish the California Broadband Council in
state government for the purpose of promoting broadband deployment in
unserved and underserved areas of the state and broadband adoption
throughout the state, impose specified duties on the council relating
to that purpose, and specify the membership of the council.


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

  SECTION 1.  Chapter 13 (commencing with Section 8885) is added to
Division 1 of Title 2 of the Government Code, to read:
      CHAPTER 13.  CALIFORNIA BROADBAND COUNCIL


   8885.  The California Broadband Council is established in state
government for the purpose of promoting broadband deployment in
unserved and underserved areas of the state, as defined by the Public
Utilities Commission, and broadband adoption throughout the state
for the benefit of all Californians.
   8886.  (a) The membership of the California Broadband Council
shall include all of the following:
   (1) The State Chief Information Officer, or his or her designee.
   (2) The President of the Public Utilities Commission, or his or
her designee.
   (3) The Secretary of California Emergency Management, or his or
her designee.
   (4) The Superintendent of Public Instruction, or his or her
designee.
   (5) The Director of General Services, or his or her designee.
   (6) The Secretary of Business, Transportation and Housing, or his
or her designee.
   (7) The President of the California Emerging Technology Fund, or
his or her designee.
   (8) A member of the Senate, appointed by the Senate Committee on
Rules.
   (9) A member of the Assembly, appointed by the Speaker of the
Assembly.
   (b) Members of the Legislature appointed to the council shall
participate in the activities of the council to the extent that their
participation is not incompatible with their positions as Members of
the Legislature.
   8887.  Duties of the California Broadband Council shall include,
but not be limited to, all of the following:
   (a) Ensuring communication among state agencies regarding
California's participation in proceedings related to the National
Broadband Plan released by the Federal Communications Commission.
   (b) Ensuring that state agencies share all relevant information in
order to maximize California's opportunities for federal and private
funding for broadband deployment and adoption.
   (c) Ensuring that all relevant state agencies are made aware of
actions necessary to fully implement recommendations in the 2008
Broadband Task Force Report.
   (d) Identifying opportunities for state agencies and state
broadband networks to share facilities, rights-of-way, or other
resources related to broadband deployment and adoption.
   (e) Taking any other actions to ensure that state agencies are
coordinating efforts and resources to promote broadband deployment
and adoption.
   8888.  (a) The President of the Public Utilities Commission shall
call the first meeting of the California Broadband Council, to be
held not later than March 1, 2011. The President of the Public
Utilities Commission shall serve as chair of the council for the
first meeting.
   (b) At the first meeting, the members of the council shall choose
a chair for subsequent meetings, and may choose a vice chair to act
as chair when the chair is unavailable.
   (c) Subsequent meetings of the council shall be convened as
determined by the chair of the council, but in no event shall the
meetings be convened less than three times annually.
    (d) The office of the council member serving as chair shall
provide administrative support to the council.
   8889.  (a) The council shall be subject to the Bagley-Keene Open
Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1
of Part 1 of Division 3).
   (b) The council shall provide opportunities for stakeholder groups
to provide input about broadband deployment and adoption at its
regular public meetings, and may provide additional opportunities
through public hearings, roundtables, advisory committees, or other
means, as determined by the council.