BILL ANALYSIS                                                                                                                                                                                                    �          1





                SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
                                 ALEX PADILLA, CHAIR
          

          AB 876 -  Bonta                                   Hearing Date:   
          June 23, 2014              A
          As Amended:              January 17, 2014         FISCAL       B
                                                                        
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                                      DESCRIPTION
           
             Current law  requires the California Public Utilities  
            Commission (CPUC) to administer universal service programs  
            funded by customer surcharges to ensure statewide affordable  
            basic telephone service and access to broadband and advanced  
            communications services.  (Public Utilities Code � 270)

             Current law  requires the CPUC to develop, implement and  
            administer a program to advance universal service by providing  
            discounted rates to qualifying schools (kindergarten through  
            12th grade), community colleges, libraries, hospitals, health  
            clinics, and community organizations, known as the California  
            Teleconnect Fund (CTF).  (Public Utilities Code � 280)

             This bill  makes preschool and transitional kindergarten  
            eligible for the Teleconnect program and requires the CPUC to  
            develop and implement an outreach plan to preschools and  
            transitional kindergartens to increase awareness of services  
            available under the program.

             This bill  requires the CPUC, in a new or existing proceeding,  
            to develop a plan and report to the Legislature no later than  
            March 1, 2016, on the feasibility and expense of establishing  
            and maintaining a database of communications services  
            purchased by qualifying entities receiving support from the  
            Teleconnect program and the prices paid for those services.

             This bill  requires the CPUC to revise the Teleconnect program  
            to give priority to advanced communications services as the  
            CPUC deems appropriate and not favor a particular technology. 












                                      BACKGROUND
           
          Discount Prices for Schools and Libraries - The CPUC administers  
          several universal service programs to ensure that all  
          Californians have access to affordable basic telephone service  
          and broadband enabling high-speed Internet access. All customers  
          of landline, wireless, and Voice over Internet Protocol (VoIP)  
          are required to pay the surcharges that support these programs.  
          Since 1996, the CPUC has administered the California Teleconnect  
          Program, which allows qualifying schools, libraries, hospitals,  
          health clinics, and community-based organizations to get a 50%  
          discount on select communications services and broadband  
          Internet access services. SB 1437 (Padilla, 2008) made community  
          colleges eligible.
          The goals of the program are to make service affordable to  
          entities that serve the public and to close the Digital Divide.   
          The program 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. The customer surcharge to fund this  
          program currently is set at 0.59% of intrastate charges.

          Shifting to Fund Broadband - Teleconnect works in conjunction  
          with the Federal Communications Commission's (FCC) E-Rate  
          program.  Established in 1996, the E-rate program provides  
          eligible schools and libraries discounts on telecommunications  
          services, Internet access and internal connections (for example,  
          wiring and Wi-Fi routers to provide wireless connections in  
          classrooms), and basic maintenance of internal connections.   
          Discounts range from 20 to 90 percent, with higher discounts for  
          higher poverty and more rural schools and libraries.  The  
          Teleconnect discount applies only to the balance remaining on  
          service charges after an actual or statewide average E-Rate  
          discount is applied.  In 2013 the FCC initiated a comprehensive  
          review to modernize the E-rate program, with pending proposals  
          to simplify and streamline the application process and support  
          broadband and Internet services essential for digital learning.

          On January 31, 2013, the CPUC opened Rulemaking 13-01-010 to  
          conduct a comprehensive examination of Teleconnect in order to  
          assess program goals and eligibility requirements for  
          participants, service providers and services. Key issues are  
          whether to revise eligibility of participants, especially  
          community organizations, and whether to shift discounts to be  










          only for broadband and Internet services rather than just voice  
          service. The rulemaking also is considering the impact of  
          potential changes to the FCC's E-rate program. A proposed  
          decision may be issued before the end of the year.

          Budget Funds for Broadband for Schools and Libraries - The  
          recently enacted 2014-15 state budget includes two new funding  
          streams for broadband for entities eligible for the Teleconnect  
          program.  First, the budget provides $3.25 million for  
          California's public library branches to access the Corporation  
          for Education Network Initiatives in California (CENIC)  
          high-speed Internet backbone, with $2.25 million ongoing annual  
          payment to CENIC for connecting the libraries, and a one-time $1  
          million to provide grants to public libraries that require  
          equipment upgrades to connect.  It requires the State Librarian  
          to report to the Legislature by April 1, 2015, on library  
          connections to CENIC, an evaluation of changes in library  
          branches' technology costs, itemized expenditures, and related  
          information. (SB 852, 2014, Item 6110-182-0001)

          Second, the budget authorizes $26.7 million for a statewide  
          report to the Legislature and Department of Finance of network  
          connectivity in K-12 schools with detailed costs to upgrade  
          Internet infrastructure adequate to implement computer-based  
          student assessments.  This report is due March 1, 2015, and is  
          to be used to make network connectivity infrastructure grants to  
          K-12 schools.  The grants are to be distributed by the K-12 High  
          Speed Network in consultation with the Department of Education  
          and State Board of Education.  High-speed Internet access at  
          schools is critical because of computer-based student  
          assessments implemented with the Common Core standards. (SB 852,  
          2014, Item 6120-215-0001)




                                      COMMENTS
           
              1.   Author's Purpose  .  According to the author, this bill  
               seeks to remove ambiguity of whether preschools and  
               transitional kindergartens are eligible for the Teleconnect  
               program, help school districts make the best financial  
               decisions when purchasing Teleconnect-eligible services by  
               requiring the CPUC to explore creating a database so  










               districts that serve similar populations and geographic  
               regions can compare prices, and to require the CPUC to  
               prioritize advanced communication services as the  
               commission deems fit, taking in mind not to favor one  
               particular technology over another.

              2.   Clarifying Program Eligibility  .  Preschools and  
               transitional kindergartens that currently participate in  
               the Teleconnect program apply as community based  
               organizations for access to discounted telecommunications  
               services. This bill makes preschools and transitional  
               kindergartens eligible for CTF discount, regardless of  
               their eligibility as community based organizations.  It  
               also requires the CPUC to conduct outreach to preschools  
               and transitional kindergartens to increase awareness, which  
               may lead to more participation given that some of these  
               entities may not know that they were otherwise eligible as  
               community-based organizations.  It also would extend  
               eligibility to for-profit preschools and transitional  
               kindergartens not previously eligible.

              3.   Coordinating Data-Gathering Efforts  . This bill seeks to  
               provide pricing transparency for school districts and other  
               Teleconnect participants with an ongoing updated database  
               of communications services available for the Teleconnect  
               discount.  It requires a report on the feasibility of such  
               a data base by March 1, 2016. The budget requires a report,  
               on Internet connectivity at schools statewide, including  
               costs for infrastructure upgrades and services, due by  
               March 1, 2015. While these two reports call for different  
               information, they both relate to broadband services at  
               schools statewide, and likely will require information from  
               the same officials who handle information technology at  
               school sites. Similarly, the report required by April 1,  
               2015, on libraries' connection to CENIC may be informative  
               as to services available to the libraries that participate  
               in Teleconnect.  Thus, to ensure that the CPUC takes  
               advantage of these data-gathering efforts, the author and  
               committee may wish to consider amending the bill to require  
               the K12HSN and CENIC to collaborate with the CPUC and share  
               data and contact information related to schools and  
               libraries' services eligible for Teleconnect discounts.

              4.   Ratepayer Impact  . This bill would impose costs on a  










               program funded by customer surcharges by expanding  
               eligibility.

              5.   Related Legislation  .  AB 1100 (Levine) removes the cap  
               on Teleconnect allocations to community colleges, but was  
               held on suspense.  Status: Held in the Assembly Committee  
               on Appropriations.

                                    ASSEMBLY VOTES
           
          Assembly Floor                     (75-0)
          Assembly Appropriations Committee  (16-0)
          Assembly Utilities and Commerce Committee                       
          (14-0)
                                       POSITIONS
           
           Sponsor:
           
          Steve Midgley an Education Technology Consultant

           Support:
           
          Bay Area council
          Children Now
          Navigation North Learning
          Ronald S. Schandler, CIO, Los Angeles Unified School District

           Oppose:
           
          None on file

          




































          Jacqueline Kinney 
          AB 876 Analysis
          Hearing Date:  June 23, 2014