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  








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                 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  








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            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. 








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          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  








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          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








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          San Diego Futures Foundation (SDFF)
           
            Opposition 
           
          None on file.

           Analysis Prepared by  :    Gina Adams / U. & C. / (916) 319-2083