BILL ANALYSIS                                                                                                                                                                                                    



                                                                AB 1315
                                                                Page  1

        CONCURRENCE IN SENATE AMENDMENTS
        AB 1315 (Fuentes)
        As Amended  August 16, 2010
        Majority vote
         
         
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        |ASSEMBLY: |     |(June 2, 2009)  |SENATE: |34-0 |(August 18, 2010)    |
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        |COMMITTEE VOTE:  |10-0 |(August 25, 2010)   |RECOMMENDATION: |concur    |
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        Original Committee Reference:    U. & C.  

         SUMMARY  :  Requires the California Public Utilities Commission (PUC)  
        to participate in a proceeding if an incumbent local exchange  
        carrier files a forbearance petition with the Federal  
        Communications Commission (FCC), which in this case, is a petition  
        to request that the local exchange carrier not be required to  
        provide access to its network to any requesting telecommunications  
        carrier.

         The Senate amendments  delete the Assembly version of this bill, and  
        instead require the PUC to participate in a FCC proceeding if the  
        incumbent local telephone company files with the FCC a request to  
        absolve itself from the duty to provide nondiscriminatory access to  
        its network if the FCC finds adequate competition.

         AS PASSED BY THE ASSEMBLY  , this bill required the commissioners of  
        the PUC to designate a president of the commission from among the  
        members of the commission, and required the commissioners to select  
        and direct the PUC's attorney and executive director, instead of  
        the president.  

         FISCAL EFFECT  :  Unknown

         COMMENTS  :  When an incumbent local telephone company, or a local  
        exchange carrier, makes a filing for forbearance from these  
        provisions with the FCC, the carrier bears the burden of showing  
        the rules are no longer necessary and there is effective  








                                                                AB 1315
                                                                Page  2

        competition.  This bill would require the PUC to participate in  
        that forbearance proceeding by filing comments on the petition,  
        providing data on competition in the area, and taking any other  
        action that advances the state's policies to promote competition in  
        telecommunications markets.

        This bill was substantially amended in the Senate and the  
        Assembly-approved provisions of this bill were deleted. 


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


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