BILL ANALYSIS                                                                                                                                                                                                    �




                                          
                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de Le�n, Chair


          SB 1364 (Fuller) - Telecommunications universal service  
          programs: California High-Cost Fund A program.
          
          Amended: As introduced          Policy Vote: EU&C 9-0
          Urgency: Yes                    Mandate: Yes (see staff comment)
          Hearing Date: May 23, 2014      Consultant: Marie Liu
          
          SUSPENSE FILE. AS AMENDED.
          
          Bill Summary: SB 1364 would extend the sunset dates of the  
          California High Cost Fund A and B programs (CHCF-A, CHCF-B) for  
          four years to January 1, 2019.

          Fiscal Impact (as approved on May 23, 2014): 
           For the CHCF-A program:
             o    Annual revenues of approximately $35 million to the  
               CHCF-A Administrative Committee Fund (special) until 2019  
               from customer surcharges.
             o    Annual expenditures of approximately $40 million from  
               the CHCF-A Fund until 2019 to support small rural telephone  
               companies.

           For the CHCF-B program:
             o    Annual revenues in the low to mid-tens millions of  
               dollars to the CHCF-B Administrative Committee Fund  
               (special) until 2019 from customer surcharges (see staff  
               comment).
             o    Annual expenditures of approximately $25 million from  
               the CHCF-B Fund until 2019 to support large telephone  
               companies providing service in high cost areas.

          Background: Existing law requires the California Public  
          Utilities Commission (CPUC) to oversee a variety of programs to  
          ensure universal access to telecommunications services by  
          California residents. These programs are supported by customer  
          surcharges on landline, wireless, and Voice over Internet  
          Protocol (VoIP) intrastate service. Specifically, the state has  
          two programs to promote universal service in rural, high-costs  
          areas. The CHCF-A program supports small rural telephone  
          companies by covering the company's revenue requirement (as  
          determined by the CPUC) and less collected rate revenue and  








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          federal support. There are currently ten telephone companies  
          receiving support under the CHCF-A program (13 companies are  
          eligible). 

          The California High Cost Fund B program (CHCF-B) supports large  
          carriers that are Carriers of Last Resort by covering costs of  
          providing service in high-costs exceeding a set baseline  
          (currently $36 per month). Recipients of support in the CHCF-B  
          program are AT&T California, Verizon of California, Frontier  
          Telecommunications Company of California, and Cox California  
          Telecom.

          The CPUC adjusts the customer surcharge for the CHCF-A and  
          CHCF-B programs, typically on an annual basis, to ensure  
          adequate funding to cover carrier claims and administrative  
          costs. 

          The Federal Communications Commission (FCC) also provides  
          universal service funding to providers serving rural, high-cost  
          areas to pay for facilities that can provide both voice and  
          broadband service. Funding for the federal program comes from  
          customer surcharges on interstate services.

          Proposed Law: This bill would extend the sunset date of the  
          CHCF-A and CHCF-B program from January 1, 2015 until January 1,  
          2019.

          Related Legislation: SB 3 (Padilla) Chapter 695, Statutes of  
          2011 granted a two year extension of the CHCF-A and CHCF-B  
          program until January 1, 2015. 

          Staff Comments: By extending the sunset date of the CHCF-A and B  
          programs, this bill extends state expenditures of approximately  
          $65 million. This bill would also extend CPUC's ability to  
          collect customer surcharges to cover these costs. Currently, the  
          CHCF-A surcharge is 0.18% which is anticipated to result in $34  
          million in revenues for 2013-14. Annual expenses for this  
          program exceed revenues to reduce a reserve that has built-up in  
          this fund.

          The CHCF-B surcharge was recently 0.3% but was reduced to 0.0%  
          on February 1, 2014 because the fund is anticipating General  
          Fund loan repayments that will negate the need for additional  
          customer surcharge revenue for a couple of years. The 2014-15  








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          Proposed Governor's Budget projects $75 million in 2014-15 and  
          $59 million in 2014-15 in loan repayments. Carrier claims from  
          the CHCF-B fund have also been declining in recent years from  
          about $50 million in 2010 down to a projected program budget of  
          $22.2 million for 2014-15. Lower claims will extend the amount  
          of time which GF loan repayments can replace surcharge revenues.

          Staff notes that the anticipated revenues and expenditures for  
          both programs may fluctuate, perhaps significantly, as there are  
          changes to universal service communication programs being  
          discussed on the Federal level at this time. Because of the  
          overlap of the state and federal programs, the outcome of these  
          discussions could change the state subsidy needs of program  
          participants. The more funding the telecommunication providers  
          can receive from the federal program, the lower the cost  
          pressures on the CHCF-A and B funds. Ongoing legislative review  
          of these programs is necessary to ensure an appropriate balance  
          of state-federal support for these programs, and by extension,  
          to ensure effective use of customer surcharge revenues.

          Currently, this bill simply extends the sunset dates on two  
          sections governing the CHCF-A and CHCF-B program. However, staff  
          notes that PUC �739.3 is unclearly worded. The author may wish  
          to improve the clarity of this section as part of the sunset  
          extension. 

          This bill effects the definition of a crime or infraction  
          because of requirements placed on program participants. While  
          this creates a state mandate, it is not reimbursable. 

          Committee amendments: Directs the CPUC to maximize the drawdown  
          of federal funds and makes clarification amendments to ��276,  
          739.3.