BILL ANALYSIS SB 1462 Page 1 Date of Hearing: June 14, 2010 ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE Steven Bradford, Chair SB 1462 (Padilla) - As Amended: June 7, 2010 SENATE VOTE : (vote not relevant) SUBJECT : Telecommunications. SUMMARY : Establishes a nine-member California Broadband Council to promote broadband deployment and adoption throughout the state. Specifically, this bill : 1)Establishes the California Broadband Council and includes the following members or their designee: a) The State Chief Information Officer; b) The President of the California Public Utilities Commission (PUC); c) The Secretary of California Emergency Management; d) The Superintendent of Public Instruction; e) The Director of General Services; f) The Secretary of Business, Transportation and Housing; g) The President of the California Emerging Technology Fund (CETF); h) A member of the Senate, appointed by the Senate Committee on Rules; and i) A member of the Assembly, appointed by the Speaker of the Assembly. 2)Requires the California Broadband Council to perform the following duties: a) Ensure communication among state agencies regarding California's participation in proceedings related to the SB 1462 Page 2 National Broadband Plan adopted by the Federal Communications Commission; b) Ensure that state agencies share all relevant information in order to maximize California's opportunities for federal and private funding for broadband deployment adoption; c) Ensure that all state agencies are made aware of actions necessary to fully implement recommendations in the 2008 Broadband Task Force Report; d) Identify opportunities for state agencies and state broadband networks to share facilities, rights-of-way, or other resources related to broadband deployment and adoption; and e) Take any other actions to ensure that state agencies are coordinating efforts and resources to promote broadband deployment and adoption. 3)Requires the President of the PUC to call the first meeting to be held not later than March 1, 2011, and requires the President to serve as chair of the council for the first meeting. 4)Requires the members of the council to choose a chair for subsequent meetings, and permits members to choose a vice-chair. 5)Requires subsequent meetings to be convened as determined by the chair of the council and requires meetings to be convened not less than three times annually. EXISTING LAW : 1)Requires the PUC to develop and administer the CASF to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and social benefits, and sunsets January 1, 2013. 2)Establishes the High-Cost Fund-B to provide transfer payments to telephone corporations that provide local exchange services in high-cost areas in the state, and provides an operative SB 1462 Page 3 date of January 1, 2006. 3)Requires the PUC to establish the Rural Telecommunications Infrastructure Grant Program to aid in the establishment of telecommunications service in areas not currently served by existing local exchange carriers. 4)The PUC created the California Emerging Technology Fund (CETF) as a non-profit corporation as a condition of approving the mergers of SBC-AT&T and Verizon-MCI in 2005, and requires AT&T and Verizon to contribute a total of $60 million over 5 years for the purpose of achieving ubiquitous access to broadband and advanced services in California. FISCAL EFFECT : Unknown. COMMENTS : According to the author, this bill will help California continue its commitment to bring the economic benefits of high-speed Internet access to all of its citizens. The author states that this bill will maximize California's opportunities to receive federal funds under the new National Broadband Plan, increase coordination of state resources for broadband networks, and ensure continuation of California's leadership in broadband deployment and adoption. Background : In October 2006, the Governor issued an executive order (S-21-06) and established the California Broadband Task Force (Task Force) to utilize California's Internet technology for education, health care, and the other relevant applications. The Task Force was intended to bring together public and private stakeholders to remove barriers to broadband access, identify opportunities for increased broadband adoption, and enable the creation and deployment of new advanced communication technologies. The executive order required the Task Force to provide a preliminary report to the Governor that identifies administrative actions that can result in immediate promotion of broadband access and usage within the state. Within one year of the date of the executive order, the Task Force was required to provide a comprehensive report to the Governor and Legislature. This report was required to make specific recommendations for how California can take advantage of opportunities for, and eliminate any related barriers to, broadband access and adoption. SB 1462 Page 4 The executive order required the Task Force to pay particular attention to how broadband can be used to substantially benefit educational institutions, healthcare institutions, community-based organizations, and governmental institutions. It also required the Task Force to coordinate statewide and regional efforts with public and private stakeholders to obtain and maximize grant and loan funding available for broadband deployment and development projects in the State. The executive order designated the Business, Transportation, and Housing Agency (BTH) as the lead, and required the PUC to develop a baseline and metrics for measuring broadband usage and benefits within the state. The remainder of the Task Force was comprised of California's institutions of higher education and private-sector stakeholders to encourage public-private partnerships. On January 17, 2008, the Task Force published its final report and found that 96 percent of households have basic broadband access, placing California as a leader in broadband availability among all 50 states. The report also revealed that nearly 2,000 communities were still unable to access high-speed internet, only half of Californians have access to broadband at speeds greater than 10 Mbps, and even though availability rates are at 96 percent, just over half of California households use broadband. The report proposed seven recommendations, which included: (1) build out high-speed broadband infrastructure to all Californians, (2) develop model permitting standards and encourage collaboration among providers, (3) increase the use and adoption of broadband and computer technology, (4) engage and reward broadband innovation and research, (5) create a statewide e-health network, (6) leverage educational opportunities to increase broadband use, and (7) continue state-level and statewide leadership As part of the last recommendation, the report recommended that the Governor continue to periodically convene the Task Force. The report states, "The (Task Force) should monitor and provide feedback on both the recommendations contained in this report and other broadband initiatives underway in the state." The report also recommended the creation of a Community Broadband Leadership Council and smaller leadership councils located in SB 1462 Page 5 unserved and underserved communities and comprised of local residents who are passionate about broadband and who can articulate that the level of demand is substantial enough to warrant investment. To provide the capital needed to expand broadband technology, the PUC created the California Emerging Technology Fund (CETF) as a non-profit corporation as a condition of approving the mergers of SBC-AT&T and Verizon-MCI in 2005, and requires AT&T and Verizon to contribute a total of $60 million over 5 years for the purpose of achieving ubiquitous access to broadband and advanced services in California. Federal Communications Commission (FCC) Activities : In March, the FCC released the nation's first National Broadband Plan, with wide-ranging recommendations for increasing broadband deployment and integrating broadband solutions to improve public safety, health care, education, government services, and civic engagement. Since release of the Broadband Plan, the FCC has begun several proceedings that impact broadband efforts in California, and many more will begin soon. What would the council do : This bill would require the state agency representatives and legislative representatives (including one non-state representative) to meet and ensure everyone shares information. However, there are no deliverables. It is not clear who will do what, if any opportunities are identified or any action items are discussed. REGISTERED SUPPORT / OPPOSITION : Support California Association of Competitive Telecommunications Companies (CALTEL) California Center for Rural Policy (CCRP) California Library Association (CLA) (if amended) California Resources and Training (CARAT) California's Independent Telephone Companies (CITC) Central Coast Broadband Consortium County of Lake IP Networks, Inc. Los Angeles Unified School District Office of Curriculum, Instruction, School Support (OCISS) One Economy Corporation SB 1462 Page 6 San Diego Futures Foundation (SDFF) Opposition None on file. Analysis Prepared by : Gina Adams / U. & C. / (916) 319-2083