BILL ANALYSIS �
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UNFINISHED BUSINESS
Bill No: SB 129
Author: Wright (D), et al.
Amended: 6/5/13
Vote: 27 - Urgency
SENATE ENERGY, UTILITIES & COMMUNIC. COMM. : 11-0, 4/2/13
AYES: Padilla, Fuller, Cannella, Corbett, De Le�n, DeSaulnier,
Hill, Knight, Pavley, Wolk, Wright
SENATE APPROPRIATIONS COMMITTEE : 6-1, 5/6/13
AYES: De Le�n, Walters, Hill, Lara, Padilla, Steinberg
NOES: Gaines
SENATE FLOOR : 34-0, 5/13/13
AYES: Anderson, Beall, Berryhill, Block, Cannella, Corbett,
Correa, De Le�n, DeSaulnier, Emmerson, Evans, Fuller,
Galgiani, Hancock, Hernandez, Hill, Hueso, Huff, Jackson,
Knight, Lara, Leno, Lieu, Liu, Monning, Nielsen, Padilla,
Pavley, Roth, Steinberg, Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Calderon, Gaines, Price, Walters, Vacancy,
Vacancy
ASSEMBLY FLOOR : 72-1, 9/4/13 - See last page for vote
SUBJECT : Deaf and disabled telecommunications program
SOURCE : Public Utilities Commission
DIGEST : This bill extends the sunset on the Public Utilities
Commissions (PUC) authority to collect a surcharge on intrastate
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telephone service to fund the Deaf and Disabled
Telecommunications Program (DDTP) until January 1, 2020, and
extends the reporting requirement until January 1, 2021.
Assembly Amendments make technical and clarifying changes.
ANALYSIS :
Existing law:
1. Requires PUC to design and implement a universal service
program to provide a telecommunications device, dual-party
relay system, and specialized equipment to enable persons who
are deaf, hearing impaired, or disabled to use the
telecommunications network at no charge additional to the
basic exchange rate.
2. Requires PUC to design and implement a program to provide
access to a speech-generating device to enable individuals
with speech disabilities to use the telecommunications
network at no charge additional to the basic exchange rate,
and requires PUC to adopt rules for this program by January
1, 2014.
3. Requires PUC to design and implement a program to provide
access to a speech-generating telecommunications device to
any subscriber who is certified as having a speech disability
at no charge additional to the basic exchange rate.
4. Requires PUC to expand the deaf and disabled program to
include assistance to individuals with speech disabilities,
including assistance in purchasing speech-generating devices,
accessories, and mounting systems, and specialized
telecommunications equipment.
5. Requires, until January 1, 2014, the PUC to establish a
surcharge, not to exceed 0.5%, that is uniformly applied to a
subscriber's intrastate telephone service charges to allow
providers of the equipment and service provided pursuant to
the deaf and disabled programs to recover their costs.
6. Requires the PUC to submit a report on the fiscal status of
the programs to the Legislature on or before December 31 of
each year, until January 1, 2016.
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This bill:
1. Extends the surcharge to fund the DDTP until January 1,
2020.
2. Extends the reporting requirements until January 1, 2021,
and requires the PUC to submit the report to the Legislature
on or before March 1 of each year.
3. Requires the report to include an evaluation of any
modification to the DDTP that would maximize participation
and funding opportunities under similar federal programs, and
requires the PUC to evaluate options for controlling the DDTP
costs of providing speech generating devices, and include any
information on barriers to participation by eligible
subscribers.
4. Deletes provisions requiring PUC to expand the DDTP to
include assistance to individuals with speech disabilities,
including assistance in purchasing speech-generating devices,
accessories, and mounting systems, and specialized
telecommunications equipment.
5. Repeals the provisions that states that existing members of
the DDTP Administrative Committee should serve out their
current terms of office as members of the Committee, but not
to exceed July 1, 2003 and requires the Committee to develop
and submit, not later than October 1, 2002, recommendations
to PUC for administration and governance of the deaf and
disabled programs, as prescribed.
Background
The DDTP, first established in 1979, is one of several universal
service programs designed to ensure that affordable
telecommunications service is ubiquitously available to all
Californians. DDTP currently provides service in three general
categories: (1) specialized telecommunications devices for deaf
and hard-of-hearing individuals; (2) dual-party relay system to
connect deaf and hard-of-hearing individuals to hearing parties;
and (3) specialized telecommunications equipment to individuals
with hearing, vision, mobility, speech and cognitive
disabilities. As required by AB 136 (Beall, Chapter 404,
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Statutes of 2011), the PUC currently is developing rules, to be
effective January 1, 2014, for DDTP to provide access to a
speech-generating device to individuals with a certified speech
disability.
The DDTP is administered by the PUC, with input from two
advisory boards, and with program services and equipment
provided to eligible persons by contractors. The California
Telephone Access Program distributes equipment to individuals
who are certified as eligible by specified health care
professionals. The California Relay Service is a dual party
relay system with operators that connect a user of specialized
telecommunications devices with any other telephone user. The
PUC, contractors, and advisory committees conduct outreach to
increase participation and ensure awareness among veterans and
non-English speakers, streamline eligibility certification with
health care professionals, and incorporate new technologies and
services that respond to consumers' telecommunications needs.
Funding of the Program . Existing law effective until January 1,
2014, requires funding of the DDTP through a customer surcharge
of not more than one-half of 1% of charges for intrastate
telephone service, including landline, wireless, and Voice over
Internet Protocol service. PUC is authorized to adjust the
surcharge to meet program expenses. It currently is set at
0.20%. PUC reports the following total program expenditures for
the past few years:
Fiscal Year Total Expenditures
2008-09 $69.5 million
2009-10 $60.1 million
2010-11 $66 million
2011-12 $68.6 million
Comments
According to the author's office, thousands of Californians are
challenged using a standard telephone because of difficulty
seeing, hearing, speaking, moving or remembering. DDTP enables
these citizens to communicate, be reached by friends and
loved-ones, and to receive health and safety impacting services
connecting them by telephone to emergency, medical, and business
entities. In addition, if the surcharge expires California
would be out of compliance with the Americans with Disabilities
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Act requirement to provide relay services.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee, there are
annual revenues of $35 million to $55 million to the DDTP
Administrative Committee Fund (special fund) from rate
surcharges.
SUPPORT : (Verified 9/4/13)
Public Utilities Commission (source)
Area 4 Agency on Aging
Association of Regional Center Agencies
AT&T
California Commission on Aging
California Communications Access Foundation
California Communications Association
California Senior Leaders Alliance
California Senior Legislature
California's Independent Telecommunications Companies
Consumer Federation of California
Disability Rights Education and Defense Fund
Division of Ratepayer Advocates
SureWest Communications
ASSEMBLY FLOOR : 72-1, 9/4/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley, Daly,
Dickinson, Eggman, Fong, Fox, Frazier, Beth Gaines, Garcia,
Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray, Hagman, Hall,
Harkey, Roger Hern�ndez, Holden, Jones, Jones-Sawyer, Levine,
Linder, Logue, Lowenthal, Maienschein, Medina, Mitchell,
Morrell, Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan,
Patterson, Perea, V. Manuel P�rez, Quirk, Quirk-Silva, Rendon,
Salas, Skinner, Stone, Ting, Wagner, Waldron, Weber,
Wieckowski, Wilk, Williams, Yamada, John A. P�rez
NOES: Donnelly
NO VOTE RECORDED: Bigelow, Dahle, Grove, Mansoor, Melendez,
Vacancy, Vacancy
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JG:k 9/5/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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