BILL ANALYSIS                                                                                                                                                                                                    �



                                                                            



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                                    THIRD READING


          Bill No:  SB 740
          Author:   Padilla (D)
          Amended:  5/7/13
          Vote:     27 - Urgency

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

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


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

           SOURCE  :     Author


           DIGEST  :    This bill extends the Public Utilities Commissions  
          (PUC) authority to collect a surcharge on intrastate  
          communication services from 2015 to 2020 to fund the California  
          Advanced Services Fund (CASF) and allows entities that are not  
          telephone corporations to receive funds from the CASF.

           ANALYSIS  :    

          Existing law:

           1. Establishes the CASF, administered by the PUC, to help fund  
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             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. Extends the sunset date that authorizes the PUC to collect  
             the additional money as specified, until January 1, 2020.

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

           3. Provides that it is the intent of the Legislature is to  
             authorize collection of additional surcharge amounts  
             necessary to achieve this program goal. 

           4. Requires that priority be given to projects that provide  
             last-mile broadband connection to households that are  
             unserved by an existing facilities-based broadband provider. 

           5. Provides that a middle-mile broadband project is eligible  
             for an infrastructure grant even if it passes through an area  
             served by an existing facilities-based broadband provider, as  
             long as the project applicant can demonstrate that the  
             project provides last-mile broadband connection to households  
             that are unserved by any existing facilities-based broadband  
             provider.

           6. Authorizes an entity that is not a telephone corporation  
             otherwise subject to the PUC regulation to be eligible for a  
             CASF grant if that entity meets eligibility and program  
             requirements established by the PUC.

           7. Provides that a local governmental agency may be eligible  

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             for an infrastructure grant only if the infrastructure  
             project is for an unserved area, the PUC has conducted an  
             open application process and no other eligible entity  
             applied, and the PUC determines that within the region of the  
             local agency's jurisdiction there is less than 98% broadband  
             deployment.

           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. 

          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  5/23/13)

          Congressman Jared Huffman
          California Broadband Cooperative
          California Center for Rural Policy 
          Central Coast Broadband Consortium
          Central Sierra Connect
          Connect Joy Road
          Contra Costa Council

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          County of Del Norte Board of Supervisors
          County of Humboldt Board of Supervisors
          County of Lake Board of Supervisors
          County of Mendocino Board of Supervisors
          County of Mono Board of Supervisors
          County of Sonoma Board of Supervisors 
          County of Tehama Board of Supervisors
          Eastern Sierra Connect Regional Broadband Consortium
          Fresno State Office of Community and Economic Development
          Golden Bear Broadband
          Inland Empire Regional Broadband Consortium
          Interbahn
          Los Angeles County Regional Broadband Consortia
          Mendocino Coast Broadband Alliance
          Mendocino County Office of Education
          Modoc County Office of Education
          Praxis Associates
          Public Utilities Commission
          Rural County Representatives of California
          Russian River Fire Protection District
          Russian River Rotary Club
          Shasta County Health and Human Services Agency
          Sierra Economic Development Corporation
          Sonoma Connect
          Sonoma County Sheriff's Office
          Spiral Internet
          The Upstate California Connect Consortium
          Trinity County Board of Supervisors
          Tuolumne County Economic Development Authority
          Valley Vision
          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.

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            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  
               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  5/24/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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