BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                 UNFINISHED BUSINESS


          Bill No:  SB 740
          Author:   Padilla (D)
          Amended:  9/6/13
          Vote:     27 - Urgency

           
           SENATE ENERGY, UTILITIES & COMMUNIC.S COMM.  :  10-0, 4/30/13
          AYES:  Padilla, Cannella, Corbett, De León, DeSaulnier, Hill,  
            Knight, Pavley, Wolk, Wright
          NO VOTE RECORDED:  Fuller

           SENATE APPROPRIATIONS COMMITTEE  :  5-0, 5/23/13
          AYES:  De León, Hill, Lara, Padilla, Steinberg
          NO VOTE RECORDED:  Walters, Gaines

           SENATE FLOOR  :  36-1, 5/28/13
          AYES:  Beall, Berryhill, Block, Calderon, Cannella, Corbett,  
            Correa, De León, DeSaulnier, Emmerson, Evans, Galgiani,  
            Hancock, Hernandez, Hill, Hueso, Huff, Jackson, Knight, Lara,  
            Leno, Lieu, Liu, Monning, Nielsen, Padilla, Pavley, Price,  
            Roth, Steinberg, Torres, Walters, Wolk, Wright, Wyland, Yee
          NOES:  Anderson
          NO VOTE RECORDED:  Fuller, Gaines, Vacancy

           ASSEMBLY FLOOR  :  Not available


            SUBJECT  :    Telecommunications:  universal service programs:   
                      California Advance Services Fund

           SOURCE  :     Author


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           DIGEST  :    This bill expands eligibility in the California  
          Advanced Services Fund (CASF), establishes a program goal, and  
          increases the program funding.

           Assembly Amendments  (1) prioritize and target funding for  
          households that have no broadband service; (2) guarantee  
          existing providers the option to upgrade service before a new  
          entity gets funding for underserved households; (3) authorize  
          local government agencies to be eligible for infrastructure  
          grants, as specified; and (4) increase the amount the Public  
          Utilities Commission (PUC) is authorized to collect and the  
          requirement to be deposited into the Broadband Infrastructure  
          Grant Account as specified.

           ANALYSIS :    

          Existing law:

           1. Establishes the CASF, administered by the PUC, to help fund  
             deployment of broadband infrastructure and bring high-speed  
             Internet access to all areas of the state.

           2. Authorizes the PUC to use ratepayer funds collected for  
             universal service programs, including the CASF, to compensate  
             regulated telephone corporations for their costs of providing  
             universal service.

           3. Authorizes collection of a customer surcharge on intrastate  
             communications services of up to $225 million for the CASF  
             through 2015 with no more than $25 million per year.

          This bill:

           1. Specifies the goal of CASF program is to approve funding for  
             infrastructure projects that will provide broadband access to  
             no less than 98% of California households no later than  
             December 31, 2015. 

           2. Requires PUC to give priority to projects that provide  
             last-mile broadband access to households that are unserved by  
             an existing facilities-based broadband provider. 

           3. Requires PUC to provide each applicant and any party  
             challenging an application the opportunity to demonstrate  

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             actual levels of broadband service in the project area, as  
             prescribed. 

           4. Allows an entity that is not a telephone corporation to  
             apply to participate in CASF program to provide access to  
             broadband to an unserved or underserved household, as  
             defined, if the entity meets the eligibility requirements and  
             complies with program requirements established by PUC. 

           5. Requires PUC to conduct an additional interim financial  
             audit and interim performance audit and to report findings to  
             the Legislature by April 1, 2017.  Final findings are due to  
             the Legislature by April 1, 2021. 

           6. Extends CASF annual reporting requirement until January 1,  
             2021, and requires additional program information. 

           7. Increases the amount PUC is authorized to collect to an  
             amount not to exceed $215 million, and requires that $190  
             million be deposited into the Broadband Infrastructure Grant  
             Account. 

           8. Contains an urgency clause allowing this bill to take effect  
             immediately upon enactment. 

           9. Provides language that double-joints this bill with AB 1299  
             (Bradford) of the current legislative session.

           Background
           
          The CASF, administered by the PUC, was established to help fund  
          deployment of broadband infrastructure and bring high-speed  
          Internet access to all areas of the state.  The PUC is  
          authorized until 2015 to collect a surcharge on intrastate  
          communication services, not to exceed $25 million a year or a  
          total of $225 million over the life of the program.

           Prior Legislation
           
          AB 1555 (Perez, Chapter 24, Statutes of 2009) expanded CASF  
          eligibility to other entities only for the purpose of providing  
          matching funds made available through the American Reinvestment  
          and Recovery Act of 2009. 


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          SB 1040 (Padilla, Chapter 317, Statutes of 2010) authorized  
          collection of an additional $125 million through 2015 (for a  
          total of $225 million).

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          According to the Senate Appropriations Committee, there will be  
          unknown cost pressures, possibly in the hundreds of thousands of  
          dollars from the CASF (special fund) for expanded grantee  
          eligibility.

           SUPPORT  :   (Verified  9/11/13)

          AT&T
          California Broadband Cooperative
          California Center for Rural Policy
          California Emerging Technology Fund
          California Professional Firefighters
          California State Sheriff's Association
          California Wireless Association
          Central Coast Broadband Consortium
          Central Sierra Connect Broadband Consortium
          City of San Francisco Mayor, Edwin Lee
          Connect Joy Road
          Connected Capital Area Broadband Consortium
          Contra Costa Council
          Corporation for Education Network Initiatives in California
          Counties of Humboldt and Trinity
          Del Norte County Board of Supervisors
          East Bay Broadband Consortium
          Eastern Sierra Connect Regional Broadband Consortium
          Fresno State Office of Community and Economic Development
          Frontier Communications
          Golden Bear Broadband, LLC
          Inland Empire Regional Broadband Consortium
          Interbahn
          Lake County Board of Supervisors
          Los Angeles County Regional Broadband Consortium
          Member of Congress, Jared Huffman
          Mendocino Coast Broadband Alliance
          Mendocino County Board of Supervisors
          Mendocino County Office of Education
          Modoc County Office of Education

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          Mono County Board of Supervisors
          Mono County Supervisor, District 2, Fred Stump
          Northeastern California Connect Consortium
          Public Utilities Commission
          Redwood Coast Connect
          Russian River Fire Protection District
          Russian River Rotary Club
          San Diego Imperial Regional Broadband Consortium
          San Joaquin Valley Regional Broadband Consortium
          Shasta County Health and Human Services Agency
          Sierra Economic Development Corporation
          Sonoma Connect
          Sonoma County Sheriff's Office
          Spiral Internet
          Tehama County Board of Supervisors
          The Wireless Infrastructure Association
          Tuolumne County Economic Development Authority
          Upstate California Connect Consortium
          West Sonoma County Union High School District
          Youth Policy Institute

           ARGUMENTS IN SUPPORT  :    California Broadband Cooperative  
          writes:

            As a result of these funds, our company is in the process of  
            completing a 583 mile fiber optic network (Digital 395) which  
            will service the Eastern Sierra region of California.  The  
            digital network service area encompasses 36 communities, six  
            California Indian reservations, two military bases, four major  
            area hospitals plus more than forty schools and other  
            educational related facilities.

            The Digital 395 Network will:

                 Serve more than 237 committed community anchor  
               institutions, including 35 public safety entities, 47 K-12  
               schools, 13 libraries, 2 community colleges, and 2  
               universities, the Sierra Nevada Aquatic Research  
               Laboratory, Caltech's Owens Valley Radio Observatory, and  
               White Mountain Research Station, 15 healthcare faculties  
               and 104 government offices.

                 Spur affordable broadband access for local consumers and  
               businesses, including approximately 26,000 households and  

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               2,500 businesses by enabling local Internet service  
               providers to utilize the project's open network.  At least  
               five existing broadband providers have signed to utilize  
               the middle mile network to expand their services.

                 Enable access to educational, medical and commercial  
               applications for isolated populations on six California  
               Indian reservations; Big pine Paiute Tribe of the Owens  
               Valley; Lone Pine Paiute-Shoshone Reservation; Fort  
               Independence Reservation; Benton Paiute Tribe; Bishop  
               Paiute Tribe and Bridgeport Indian Colony.

            For the first time, high-capacity fiber will be made available  
            to the region's last mile providers to expand or enhance  
            service to households and businesses; as well as to government  
            agencies and carriers seeking local or long-haul transport.


          JG:k  9/11/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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