BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 876
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          ASSEMBLY THIRD READING
          AB 876 (Bonta)
          As Amended  January 17, 2014
          Majority vote 

           UTILITIES & COMMERCE            14-0                 
          APPROPRIATIONS      16-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Bradford, Patterson,      |Ayes:|Gatto, Bigelow, Allen,    |
          |     |Bonilla, Buchanan,        |     |Bocanegra, Bradford, Ian  |
          |     |Ch�vez, Fong,             |     |Calderon, Campos, Eggman, |
          |     |Beth Gaines, Garcia,      |     |Gomez, Holden, Linder,    |
          |     |Roger Hern�ndez, Jones,   |     |Pan, Quirk,               |
          |     |Mullin, Quirk, Rendon,    |     |Ridley-Thomas, Wagner,    |
          |     |Skinner                   |     |Weber                     |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Modifies the existing California Teleconnect Fund  
          (CTF).  Specifically,  this bill  :  

          1)Clarifies that qualifying schools maintaining preschools and  
            transitional kindergartens are eligible for CTF discount.

          2)Requires the California Public Utilities Commission (PUC) to  
            develop and implement an outreach plan to eligible preschools  
            and transitional kindergartens to increase awareness about  
            CTF.

          3)States PUC must ensure CTF remains technology neutral.

          4)Requires PUC to develop a plan on the feasibility and expense  
            associated with establishing and maintaining a database of  
            communication services purchased by qualifying entities  
            receiving financial support from the program. PUC shall report  
            findings to the Legislature no later than March 1, 2016.

          5)Makes technical and non-substantive changes.

           EXISTING LAW  :

          1)Authorizes PUC to use ratepayer funds collected for universal  
            service programs to compensate regulated telephone  
            corporations for their costs of providing universal service  








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            (Public Utilities Code Section 270).

          2)Requires PUC to develop, implement and administer a program to  
            advance universal service by providing discounted rates to  
            qualifying schools, community colleges, libraries, hospitals,  
            health clinics, and community organizations, known as CTF  
            (Public Utilities Code Section 280). 

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee:

          1)Increased costs to the California Teleconnect Fund of  
            approximately $300,000 to expand eligibility to schools  
            offering pre-kindergarten and transitional kindergarten  
            classes.  Currently, over 3,000 schools participate in  
            discount program and receive about $30 million in subsidies.   
            By including pre-kindergarten and transitional kindergarten  
            classes, it is             estimated that the number of  
            schools receiving the discount will increase by 1 percent.

          2)Increased costs to PUC (California Teleconnect Fund) in the  
            $200,000 to $250,000 range for outreach and the development of  
            the database plan and its associated report.

           COMMENTS  :  According to the author, "AB 876 establishes a  
          database of discounted services and prices paid by all CTF  
          discounted schools and libraries. The bill updates outdated  
          definitions of "advanced telecommunications services" to schools  
          and libraries.  AB 876 also clarifies availability of CTF for  
          preschool and transitional kindergarten programs, requires PUC  
          to conduct outreach to such programs, and asks PUC to include  
          the needs of personalized digital learning in "advanced  
          telecommunications services."

           1)Background  :  The Commission opened a proceeding (R.95-01-020  
            and I.95-01-021) in
            January 1995 and issued new universal service rules in light  
            of the opening of monopoly markets to competition  
            (D.95-07-050).  In response to the Federal Telecommunications  
            Act of 1996, which intended to promote competition and reduce  
            telecommunications regulation, and the principles expressed in  
            AB 3643 (Polanco), Chapter 278, Statutes of 1994, the  
            Commission later issued D.96-10-066 finalizing the new  
            universal service rules. That decision created a discount  








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            program for qualifying schools, libraries, hospitals, health  
            clinics, and community-based organizations through CTF.  The  
            program provides a 50% discount on select communications  
            services and broadband Internet access services. 

            The goals of CTF are innovation in the delivery and use of  
            advanced communications; diversity of choices among services  
            and providers; and affordable, widespread access to  
            California's public networks and to the resources tied to  
            those networks.  The subsidy is funded through a surcharge on  
            customers' bills from their communication service provider,  
            currently set at 0.59% of intrastate telephone charges.

            CTF currently has more than 9,000 participating entities,  
            including more than 5,000 community organizations.  For fiscal  
            year 2013-14, program expenditures are projected at  
            approximately $92.4 million.

            CTF works in conjunction with the Federal Communications  
            Commission's (FCC) E-Rate Program.  Established in 1996, the  
            E-rate program is the federal government's program for  
            connecting the nation's schools and libraries to broadband.   
            For these schools and libraries, CTF discount applies to only  
            the balance remaining after an actual or statewide average  
            E-Rate discount is applied.  

            On January 31, 2013, PUC opened Rulemaking 13-01-010 to  
            conduct a comprehensive examination of CTF.  The Rulemaking  
            will assess program goals and eligibility requirements for  
            participants, service providers and services. PUC will seek  
            comment on:  1) CTF goals; 2) entities applying for and  
            receiving CTF discount; 3) services eligible for CTF discount;  
            4) conditions placed on providers desiring to offer those  
            services; and 5) CTF budget, administration, and internal  
            controls. Interested parties are presently filing comments in  
            the proceeding, however it unclear when PUC will issue a final  
            ruling. 

           2)What problem does this bill solve  ?  It is not clear if this  
            bill is seeking to address a problem
            that has occurred, but the author wishes to ensure the  
            necessary safeguards are in place to protect schools from  
            incurring exorbitant charges for investments in communication  
            services.  To date, no evidence has been produced by PUC or  








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            any other entity that communication carriers are price gauging  
            or taking advantage of eligible CTF schools or other entities  
            for communication services.  

           3)Program eligibility clarification  :  According to the author,  
            the law regarding eligibility for
            preschools and transitional kindergarten is ambiguous, as they  
            apply as community based organizations for access to  
            discounted telecommunications services provided by CTF. This  
            bill clarifies eligibility of preschools and transitional  
            kindergarten for CTF discount and requires PUC to conduct  
            outreach to such programs to increase awareness.

           4)Transparency of information  :  This bill requires PUC to  
            develop a plan on the feasibility and  
             expense associated with establishing and maintaining a  
            database of communication services purchased by qualifying  
            entities receiving financial support from the program. The  
            plan would include a report on how to allow qualifying  
            entities access to the database in order to collaborate and  
            allow for the use of common infrastructure to reduce costs.  
            The bill authorizes the PUC to collaborate with third party  
            entities, such as nonprofit organizations, to obtain  
            assistance in developing the plan while maintaining the  
            privacy and security of all data through a suitable legally  
            binding agreement.  

            This bill requires the PUC to report the plan findings or  
            progress to the Legislature no later than March 1, 2016.
           

          Analysis Prepared by  :    DaVina Flemings / U. & C. / (916)  
          319-2083 


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