BILL ANALYSIS �
AB 2395
Page 1
Date of Hearing: April 13, 2016
ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
Mike Gatto, Chair
AB 2395
(Low) - As Amended March 17, 2016
SUBJECT: Telecommunications: replacement of public switched
telephone network
SUMMARY: Proposes a process for a telephone corporation to
transition from legacy public switched telephone network
services to Internet Protocol (IP) enabled services and
networks. Specifically, this bill:
1)Requires a telephone corporation transitioning to IP-enabled
services and networks to complete a customer education and
outreach program explaining the IP transition, its benefits
and advantages, including the environmental benefits and
advantages, and a description of the advanced services
available to consumers.
2)Requires the customer education and outreach program to
include information regarding the projected timeframes for the
transition, including the fact that the withdrawal of any
voice grade single-line telephone service will not take place
prior to January 1, 2020.
3)Requires a telephone corporation planning to discontinue any
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voice grade single-line telephone service to first give prior
notice to the California Public Utilities Commission (CPUC)
certifying the following:
a) The telephone corporation has completed the education
and outreach program, as specified.
b) An alternative voice service is available for the
affected customers in the affected area.
4)Requires, upon receipt of the notice to withdraw, the CPUC to
conduct a technical review to confirm that the alternative
service has the following elements:
a) Voice grade access to the public switched telephone
network or its successor;
b) Real time, two-way voice communications;
c) Access for end users of those service to local emergency
telephone system, as specified, including enhanced 911
access, where available; and
d) Provide backup battery capability, as specified, for
alternative services that require a residential power
supply to operate.
5)Requires the CPUC technical review to be completed within 120
days from receipt of notice from the telephone corporation.
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6)Specifies that if the CPUC fails to complete its technical
review within 120 days that the telephone corporation will be
conclusively presumed to have completed the specified
requirements to withdraw.
7)Authorizes a telephone corporation, upon completion of
specified requirements, to discontinue any legacy telephone
service, no sooner than January 1, 2020.
8)Requires a telephone corporation to give no less than 90 days
prior notice to affected customers and to the CPUC.
9)Requires, if the discontinuance of legacy telephone service
includes voice grade single-line services, the notice to
include specified information.
10)Requires, during the notice period, the telephone corporation
to continue to provide the legacy telephone service to the
affected customers, except to a customer that disconnects or
changes the features of the service, but shall have no
obligation to provide the legacy telephone service to any new
customers in the affected area.
11)Authorizes, within 30 days after receipt of a telephone
corporation's notice of withdrawal, of legacy voice service, a
customer to petition the CPUC to review the availability of
the alternative service at the customer's location.
12)Requires the CPUC to issue an order disposing of the petition
no later than 60 days after the filing of the petition.
13)Requires the CPUC, if it determines after an investigation
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that no alternative service is available to the customers at
the customer's location, to attempt to identify a willing
provider of voice service to serve the customer.
14)Authorizes the CPUC to order the withdrawing telephone
corporation to provide voice service to the customer at the
customer's location for a period no longer than 12 months
after withdrawal, if no willing provider is identified.
15)Requires the CPUC to establish a universal connectivity
program to ensure that customers of the withdrawing telephone
corporation will continue to receive voice service after 12
months.
EXISTING LAW:
1)Defines "telephone line" to include all conduits, ducts,
poles, wires, cables, instruments, and appliances, and all
other real estate, fixtures, and personal property owned,
controlled, operated, or managed in connection with or to
facilitate communication by telephone, whether such
communication is had with or without the use of transmission
wires. (Public Utilities Code Section 233)
2)Defines "telephone corporation" to include every corporation
or person owning, controlling, operating, or managing any
telephone line for compensation within this state. (Public
Utilities Code Section 234)
3)Defines "service area" for purposes of the operations of a
telephone corporation, to mean a local access and transport
area as defined and approved by the United States District
Court for the District of Columbia circuit in the case of the
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United States v. Western Electric Co., Inc., and American
Telephone and Telegraph Co., CA 82-0192, April 20, and July 8,
1983, and in a Memorandum and Order of August 5, 1983.
(Public Utilities Code Section 230.3)
4)Requires a telephone corporation, before it exits the business
of providing interexchange services to all of its customers or
to an entire class of its customers, to provide those affected
customers with a written notice at least 30 days prior to the
proposed transfer of those customers to another telephone
corporation, as specified. (Public Utilities Code Section
2889.3)
5)Establishes the California High Cost Funds (CHCF) A, CHCF B,
Universal Lifeline Telephone Service Trust, the Deaf and
Disabled Telecommunications Program, and the California
TeleConnect Fund. (Public Utilities Code Sections 270 to 281)
6)Requires the CPUC to require every telephone corporation
providing telephone service within a service area to file a
schedule of rates and charges providing a class of lifeline
telephone service. (Public Utilities Code Section 876)
7)Requires every telephone corporation providing service within
a service area to inform all eligible subscribers of the
availability of lifeline telephone service, and how they may
qualify for and obtain service, and shall accept applications
for lifeline telephone service according to procedures
specified by the CPUC. (Public Utilities Code Section 876)
8)Authorizes the CPUC to annually determine user fees to be paid
by every electrical, gas, telephone, telegraph, water, sewer
system, and heat corporation and every other public utility
providing service directly to customers or subscribers and
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subject to the jurisdiction of the commission, as specified.
(Public Utilities Code Sections 431 to 435)
9)Declares that the policies for telecommunications in
California are as follows:
a) To continue our universal service commitment by assuring
the continued affordability and widespread availability of
high-quality telecommunications services to all
Californians.
b) To focus efforts on providing educational institutions,
health care institutions, community-based organizations,
and governmental institutions with access to advanced
telecommunications services in recognition of their
economic and societal impact.
c) To encourage the development and deployment of new
technologies and the equitable provision of services in a
way that efficiently meets consumer need and encourages the
ubiquitous availability of a wide choice of
state-of-the-art services.
d) To assist in bridging the "digital divide" by
encouraging expanded access to state-of-the-art
technologies for rural, inner-city, low-income, and
disabled Californians.
e) To promote economic growth, job creation, and the
substantial social benefits that will result from the rapid
implementation of advanced information and communications
technologies by adequate long-term investment in the
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necessary infrastructure.
f) To promote lower prices, broader consumer choice, and
avoidance of anticompetitive conduct.
g) To remove the barriers to open and competitive markets
and promote fair product and price competition in a way
that encourages greater efficiency, lower prices, and more
consumer choice.
h) To encourage fair treatment of consumers through
provision of sufficient information for making informed
choices, establishment of reasonable service quality
standards, and establishment of processes for equitable
resolution of billing and service problems. (Public
Utilities Code Section 709)
FISCAL EFFECT: Unknown.
COMMENTS:
1)Author's Statement: "AB 2395 embraces the telecommunications
changes already taking place in the marketplace. Since 1999,
Plain Old Telephone Service (POTS) has declined by 85 percent
in the state. As of 2014, approximately 6 percent of
Californians lived in households with only a landline (which
includes POTS and VOIP), a 44 percent decline from 2010. Yet
our state's telecomm law doesn't reflect the fast-changing
marketplace of today. AB 2395 also will help achieve the 2020
statewide limit on greenhouse gas emissions. Transitioning
from the [POTS] network to modern [IP] networks reduces
communications facilities power and cooling by 90 percent.
Each year, the POTS network in the U.S. consumes power
equivalent to roughly 1 million homes and emits [carbon
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dioxide] emissions equal to that of more than 2 million cars.
Finally, AB 2395 modernizes our state's telecomm regulations
to ensure California is the world leader in telecomm
innovation."
2)Background: As more consumers shift away from plain old
telephone services (POTS) to newer IP based services,
providers are beginning to transition away from providing POTS
to newer alternative services. From 1999 to 2015, the number
of residents with POTS has declined an estimated 85%. By
2014, approximately 6% of Californians still lived in
households that only have landline services. Currently, there
is an estimated 16.5 million landlines in California. As the
percentage of wireless only households continues to increase
and landline only households continues to decrease, providers
must continue to maintain a communication infrastructure that
they argue is outdated, energy inefficient, and economically
burdensome, while also investing billions in expanding IP
service networks.
3)Incumbent Local Exchange Carriers and Competitive Local
Exchange Carriers: In the 1980s, Congress broke up AT&T into
seven smaller local companies, subsequently in 1996, it passed
the Telecommunications Act of 1996 (The Act) which forced
these local companies to open up their networks to outside
competition. As a result, The Act distinguished two types of
telephone service providers, Incumbent Local Exchange Carriers
(ILECs) and Competitive Local Exchange Carriers (CLECs).
ILECs are telephone companies that provided local services
prior to The Act, and own most of the infrastructure and
facilities in a service area. CLECs are companies established
by The Act that build and operate communication networks in
existing ILEC service areas, and provide customers with an
alternative to ILEC services. The Act was intended to promote
competition between telephone service providers.
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The Act allowed ILECs to offer new services such as
long-distance and internet along with local telephone
services. In exchange, ILECs would share their networks with
new competition, allowing CLECs to rent network space and
provide alternative services in ILEC service areas. The Act,
however, only required ILECs to share traditional copper phone
lines with CLECs. As ILECs transition away from copper phone
line services and lay more fiber-optic cables to provide newer
IP services, CLECs are still depending on the existing copper
infrastructure to provide their current services.
The author may wish to consider an amendment to clarify that
nothing in this bill modifies the obligations of ILECs to
comply with the requirements to provide CLECs with
non-discriminatory access to ILEC networks. The author may
also wish to consider an amendment clarifying that nothing in
this bill modifies the CPUC's obligations to regulate the
wholesale market, including the authority to arbitrate and
enforce interconnection agreements.
4)Carrier of Last Resort: Carriers of Last Resort (COLR) are
carriers that are required to serve, upon request, all
customers within their service area. This includes services
that are provided by the public purpose programs such as the
Universal Lifeline Telephone Service, the Deaf and Disabled
Telecommunications Program, and the California TeleConnect
Fund, as well as providing basic service. California has
about 25 COLRs which generally include all the ILECs, such as
AT&T, Verizon, Frontier, and SureWest. Most ILECs were
designated COLRs after The Act. Carriers who wish to become
COLRs must obtain CPUC approval. COLRs benefit by having
access to high-cost fund subsidies such as the CHCF A and CHCF
B which provide subsidies to small and large carriers for
providing landline telephone services to residential customers
in high cost areas. The CHCF A and CHCF B are funded through a
surcharge on telecommunication customers.
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The CPUC has mandated basic service elements for voice
services for all COLRs. These services include: a) voice
grade access to the public switched telephone network or
successor network; b) real time two way communication; c)
access to 911 services; d) access to residential backup power;
e) access to directory services; f) billing protections; g)
access to toll-free numbers; h) telephone relay services for
deaf and disabled consumers; i) equal access to interexchange
carriers; j) conditions of service notifications to consumers.
If a COLR wishes to opt out of its obligation to serve as a
COLR, it must obtain approval from the CPUC through an advice
letter, if there is an alternative provider in the service
area, or an application, where there is not. Currently, only
two providers, AT&T and Cox Communications, are designated
COLRs and provide services in overlapping service areas in
parts of Orange and San Diego County. Should a provider
withdraw as a COLR, and decide to sell its existing copper
infrastructure, one should question who would benefit from
such a transaction, the shareholders, or the customers that
have paid to subsidize the creation and maintenance of the
copper infrastructure.
5)Education and Outreach: This bill proposes an alternative
process for a telephone corporation transitioning to
IP-enabled services and networks to discontinue providing
POTS. This bill requires a telephone corporation seeking to
discontinue POTS to complete a customer education and outreach
program. The education and outreach program must include
information relating to the environmental benefits, a
description of the advanced services available to consumers,
the projected timeframe for the transition, including the fact
that the withdrawal cannot take place prior to January 1,
2020.
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Arguably, such an education and outreach program should be
similar to the public education program conducted by AT&T when
an area code changes, which includes for example, newspaper
and radio ads, television commercials, press releases,
specialized letters to public safety agencies, alarm
companies, etc., and provided in different languages
considerate of cultures and languages reflective of the
demographics of an area. Such an education and outreach
program should also include information related to if a
customer can keep their existing phone number should their
POTS be discontinued.
The author may wish to consider an amendment to clarify that
this process is voluntary and only applicable for telephone
corporations seeking to withdraw legacy services. The author
may also wish to consider an amendment to clarify that this
bill applies to circuit switched legacy services provided by
traditional telephone companies and not to other advanced
services.
6)CPUC Review: This bill requires the telephone corporation to
provide the CPUC with notice certifying that the education and
outreach program has been completed, and an alternative voice
service is available for the affected customers in the
affected service area. Upon notice from the telephone
corporation, the CPUC shall conduct a technical review to
confirm that the alternative service has: a) voice grade
access to the public switched telephone network or its
successor; b) real time, two way voice communications; c)
access to 911 services; d) backup battery capabilities
consistent with Federal Communication Commission (FCC)
standards. This bill requires the CPUC to complete its
technical review within 120 days. If the CPUC fails to
complete its review within 120 days, the telephone corporation
will be presumed to have met the requirements to discontinue
POTS. It is unclear how a telephone corporation would be
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withdrawing service; by specific service area or by its entire
service area. Hence, it is unclear if the 120 days CPUC review
period begins once a telephone corporation submits a notice to
withdraw from a specific area or from the entire service area
of the telephone corporation.
Furthermore, it is unclear what impact this bill will have on
consumers, should a telephone corporation complete an
education and outreach program, but the CPUC later determines
that an alternative service is unavailable during its
technical review. In addition, because the CPUC currently only
has jurisdiction over landline services, it is unclear whether
or not the CPUC has the necessary data and/or personnel to
conduct an accurate review of all the alternative services.
The author may wish to consider an amendment to clarify the
CPUC's review process.
7)Alternative Services: Upon receipt of a notice to withdraw,
this bill requires the CPUC to conduct a technical review to
confirm that the alternative service has: a) voice grade
access to the public switched telephone network or its
successor; b) real-time, two-way voice communications; c)
access to 911 services; and d) backup battery capabilities.
Although this bill does not specifically define what an
alternative service is, arguably an alternative service must
be comparable to the existing service in terms of reliability,
price, and access to public safety.
For example, if a telephone corporation removes POTS but the
alternative service available is a wireless option, but the
customer's service area has bad wireless reception, arguably
this is not an alternative service option. In addition, if
the alternative service option available is a service that is
bundled with additional features at a cost much higher than
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the stand alone POTS cost, it is arguable that is also not an
alternative service option.
The author may wish to consider an amendment to better align
the battery backup requirements with federal law.
8)Discontinuance of Service: Once the CPUC has completed its
technical review, but no sooner than January 1, 2020, this
bill allows a telephone corporation to discontinue POTS, upon
giving at least 90 days prior notice to affected customers and
to the CPUC. If the discontinuance of POTS includes voice
grade single line services, the notice shall include
information regarding the availability of alternative
services, how to petition the CPUC for review of the
alternative service availability, and any environmental
benefit information. This bill requires the telephone
corporation to continue providing POTS during the notice
period to the affected customer, except to customers that
disconnect or change the features of the service.
Within 30 days after receipt of a notice to withdraw, a
customer may petition the CPUC to review the availability of
the alternative service at the customer's location. If the
CPUC determines that no alternative service is available to
the customer, the CPUC shall attempt to identify a willing
provider to the customer. If no willing provider is
identified, the CPUC may order the withdrawing telephone
corporation to continue to provide voice service to the
customer for 12 months.
The author may wish to consider an amendment to simplify the
process for notifying a customer on how to seek CPUC review of
the availability of an alternative service.
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The author may also wish to consider an amendment to simplify
the CPUCs customer review process.
9)Universal Connectivity Program: This bill requires the CPUC
to establish a universal connectivity program by September 1,
2019, to ensure that customers of telephone corporations for
whom the CPUC has ordered to continue providing voice services
for 12 months, continue to receive voice services during that
period. It is unclear how such a program would be funded or
administered by the CPUC.
The author may wish to consider an amendment striking this
program from the bill and requiring the telephone corporation
to continue to provide voice services to a customer until an
alternative service is available after the 12 month period.
10)Environmental Benefit? According to the author, this bill
will help achieve the 2020 statewide limit on greenhouse gas
emissions by reducing communications facilities power and
cooling by 90%. The author argues that each year, the POTS
network in the United States consumes power equivalent to
roughly 1 million homes and emits carbon dioxide emissions
equal to that of more than 2 million cars. Although newer
technologies are generally more energy efficient, it is
difficult to quantify the environmental benefits or impacts of
closing down POTS networks as such benefits might be offset by
increased usage and demand on the newer technologies
infrastructure.
The author may wish to consider an amendment striking language
related to the environmental benefits and advantages
associated with a transition to IP networks.
11)FCC Proceedings: In November 2014, the FCC initiated a
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rulemaking to "help guide and accelerate the technological
revolutions there are underway involving the transitions from
networks based on TDM circuit-switched voice services running
on copper loops to all-IP multi-media networks using copper,
co-axial cable, wireless, and fiber as physical
infrastructure." Furthermore, the FCC is also currently
evaluating the IP transition in several dockets, based on
various aspects of the transition. It is unclear how the
results of these FCC proceedings will impact California and
the objectives proposed under this bill.
12)Arguments in Support: According to AT&T, the source of this
bill, "If you are using an iPhone, have abandoned your land
line, have adopted VoIP or text your family and friends, you
know first-hand that the way you communicate has changed
radically in the last decade. Yet our states - and the [CPUC]
- are married to an outdated network with a heavy carbon
footprint that is diverting investment into technologies whose
time has passed. California's failure to keep pace with
changes being embraced in the marketplace by consumers and
business threatens our state's leadership in technology and
climate action [?] This legislation will help California
reduce its carbon emissions by establishing a thoughtful and
orderly transition from networks providing what's known as
[POTS] to more modern and environmentally-efficient networks
and services while protecting the remaining customers with
POTS services."
13)Arguments in Opposition: According to The Utility Reform
Network (TURN), "Masked as an environmental bill, the real
intent and effect of the legislation would be to allow
telephone companies to abandon basic landline telephone
service and force customers to subscribe to services that may
not be affordable, offer reliable service, or function during
power outages. The bill would leave millions of residential
and small business customers without the safety net of a
[COLR] for essential telecommunications services and
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jeopardize the public health and safety of Californians. This
bill will impact both rural and urban areas, place seniors and
the disabled at risk, and harm everyone who depends on
reliable telephone service [?] AB 2395 is a money and power
grab by AT&T and other large companies. The bill allows these
companies to abandon their [COLR] obligations and abandon
customers regardless of the status of competition. It is
vague and over-broad, emasculating the CPUC from doing its job
to protect California consumers."
14)Prior Legislation:
SB 1375 (Price), Chapter 332, Statutes of 2010: Allows a
local telephone corporation to provide access to 911 emergency
services after disconnection of residential basic phone
service for nonpayment of any delinquent account, as
specified. In addition, allows a telephone corporation to
disconnect any line in existence on January 1, 2011, that
provides access to 911 emergency services with no customer
account attached for that line, if a 90-day notice is provided
that contains specified information.
15)Suggested Amendments:
SECTION 1. The Legislature finds and declares all of the
following:
(a) California continues to be the world's advanced technology
leader, the center of the innovation economy, and a pioneer in
clean and sustainable technology. The state must adopt a
strategy to build our digital infrastructure while retiring
outdated technology. The transition from 20th century
traditional circuit-switched and other legacy telephone
services to 21st century next-generation Internet Protocol
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(IP) networks and services is taking place at an extraordinary
pace. A significant majority of Californians have already
transitioned to upgraded communications services such as
high-speed Internet, Voice over Internet Protocol (VoIP), and
mobile telephony services.
(b) Between 1999 and 2015, California witnessed an estimated
85 percent decline in landlines providing legacy telephone
services and relying on dated technology. At the same time,
consumer adoption of advanced services over IP-based networks
has continued to grow. Californians have quickly adopted new
technologies to communicate. More than 9 out of 10
Californians use a smartphone or other mobile devices, 86
percent use the Internet, and there are over 5.7 million VoIP
subscriptions. As of 2014, approximately 6 percent of
Californians resided in households with only a landline, a 44
percent decline from 2010.
(c) So many California consumers have made this transition so
quickly because IP-based services offer greater functionality
than legacy phone service. The gap will only widen with the
continuing integration of IP networks with cloud computing and
the Internet of Things. The policy of the state is to help all
Californians transition to advanced and clean technologies and
services so that everyone, including low-income, senior, and
rural communities, can benefit from and participate fully in
21st century modern life.
(d) The legacy telephone network is outdated, underutilized.
and carbon-unfriendly when compared to the IP network. Vital
economic, educational, health, and civic opportunities,
including online learning, telemedicine, remote working,
e-government services, and public safety, are not optimized on
the outdated network. The transition from older, dated
technologies to newer, more advanced technologies is nearly
complete, and at some point in the not-too-distant future it
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will no longer be economically viable or environmentally sound
to maintain legacy networks and services. The consumer demand
will not be there, the economics will not support it, and the
associated environmental burden will be disproportionate to
its long past benefits.
(e) Recent studies show that transitioning from a legacy
switched network to an all IP network can reduce energy costs
by as much as 70 percent, reduce water use for cooling by as
much as 70 percent, and reduce emissions of greenhouse gases
by as much as 40 percent. IP services themselves provide even
further benefits, including reduced fuel and electricity use
through smart logistics and telematics for efficient traffic
and route management, and automated monitoring of energy use
related to lighting and climate control. IP-based
technologies, including remote water leakage detection and
control and smart irrigation solutions for agriculture, may
also serve to enable efficient use of water by consumers.
(f) (1) This act will provide a path for the
telecommunications industry to make significant contributions
toward the state's goals for energy use and emissions of
greenhouse gases, as set forth in the California Global
Warming Solutions Act of 2006 (Division 25.5 (commencing with
Section 38500) of the Health and Safety Code) and the Clean
Energy and Pollution Reduction Act of 2015 (Chapter 547 of the
Statutes of 2015).
(2) This act will establish state policy for a clearly
communicated, planned, and orderly transition from outdated
technology to cleaner advanced technologies, so that
continuity of service for consumers and businesses is ensured,
while maintaining safeguards to preserve universal
connectivity.
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(3) This act will ensure that the advanced alternative
services replacing legacy services provide quality voice
service and access to emergency communications as part of a
21st century policy framework.
(4) This act will ensure that advanced alternative services
are available to replace legacy services before the
transition, so that all Californians are able to benefit from
the opportunities presented by advanced technologies and
services.
SEC. 2. Section 711 is added to the Public Utilities Code, to
read:
711. (a) Before seeking to withdraw traditional
circuit-switched and other legacy telephone services under
this section A a telephone corporation transitioning to
IP-enabled services and networks shall complete a customer
education and outreach program explaining the IP transition,
its benefits and advantages, which may includ e ing the
environmental benefits and advantages, and a description of
the advanced services available to consumers. The customer
education and outreach program shall also include information
regarding the projected timeframes for the transition,
including the fact that the withdrawal of any voice grade
single-line telephone service will not take place prior to
January 1, 2020.
(b) A telephone corporation planning to discontinue any voice
grade single-line circuit switched legacy telephone service
shall first give prior notice to the commission certifying
both of the following:
(1) The telephone corporation has completed the education and
outreach program prescribed in subdivision (a).
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(2) An alternative voice service is available for the affected
customers in the affected area.
(c) Upon receipt of the notice to withdraw, the commission
shall conduct a technical review to confirm that the
alternative service has all of the following elements:
(1) Voice grade access to the public switched telephone
network or its successor.
(2) Real-time, two-way voice communications.
(3) Access for end users of those services to the local
emergency telephone systems described in the
Warren-911-Emergency Assistance Act (Article 6 (commencing
with Section 53100) of Chapter 1 of Part 1 of Division 2 of
Title 5 of the Government Code), and where available, enhanced
911 access.
(4) That A a lternative services requiring that require a
residential power supply to operate are in compliance with the
shall also provide backup-battery capability consistent with
the standard s established by the Federal Communications
Commission.
(d) The commission's confirmation process technical review
shall be limited to the determination of whether the
alternative service has the elements set forth in subdivision
(c) and shall be completed within 120 days from receipt of
notice from the telephone corporation pursuant to subdivision
(b). If the commission fails to complete its technical review
within 120 days from receipt of notice, the telephone
corporation will be conclusively presumed to have complied
with the requirements of subdivisions (b) and (c).
(e) Upon completion of the requirements of subdivisions (b),
(c), and (d) for voice grade single-line circuit-switched
legacy telephone services, but no sooner than January 1, 2020,
a telephone corporation may elect to discontinue any legacy
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telephone service, upon giving no less than 90-days' prior
notice to the affected customers and to the commission. If the
discontinuance of legacy telephone service includes voice
grade single-line services, the notice shall include
information regarding the availability of an alternative
service as confirmed verified by the commission in the
technical review , and how to seek petition the commission for
review if the customer believes of the availability of the
alternative service is not available at the customer's
location , and any environmental benefit that will come with
the discontinuance of legacy services and the migration to
alternative services . During the notice period, the telephone
corporation shall continue to provide the legacy telephone
service to the affected customers, except a customer that
disconnects or changes the features of the service, but shall
have no obligation to provide the legacy telephone service to
any new customers in the affected area.
(f) Notwithstanding Section 710, w Within 30 days after receipt
of a telephone corporation's notice of withdrawal of legacy
voice service, a customer may ask petition the commission in
writing to review the availability of the alternative service
at the customer's location. The commission shall review and
resolve the customer's inquiry within issue an order disposing
of the petition not later than 60 days of the customer's
request after the filing of the petition . The commission's
review shall be limited to determining whether an alternative
service, which has the elements set forth in (c), is available
to the customer at the customer's location. If the commission
determines after an investigation that an no alternative
service is not available to the customer at the customer's
location, the commission shall attempt to identify a willing
provider of voice service to serve the customer. If no willing
provider is identified, the commission may order the
withdrawing telephone corporation to provide voice service to
the customer at the customer's location for a period no longer
than 12 months after withdrawal. The willing provider or t T he
withdrawing telephone corporation may utilize any technology
or service arrangement to provide the voice service s as long
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as it meets the requirements of subdivision (c).
(g) If an order is issued under subsection (f), the commission
shall evaluate, during the twelve-month period in which the
order is effective, whether an alternative service has become
available for the affected customer. If an alternative
service is not available, the commission may order the
withdrawing telephone corporation to continue to provide voice
service to the affected customer until such time as an
alternative service is available at the customer's location.
The withdrawing telephone company may use any technology or
service arrangement to provide voice service as long as it
meets the requirements in paragraph (c).
(g) By September 1, 2019, the commission shall establish a
universal connectivity program to ensure that those customers
for whom the commission has ordered the withdrawing telephone
corporation to provide voice services for the 12-month period
in subdivision (f) will continue to receive voice service.
(h) Nothing in this section grants the commission jurisdiction
or control over an alternative service except as specifically
set forth in this section.
(i) Nothing in this section affects a telephone corporation's
ability to withdraw services under any other law.
(j) Nothing in this section affects or changes the
commission's authority to implement and enforce Sections 251
and 252 of the federal Communications Act of 1934, as amended
(47 U.S.C. Secs. 251 and 252), including but not limited to
the authority to arbitrate and enforce interconnection
agreements pursuant to Section 252(b).
(k) Nothing in this section affects or changes the obligations
of an incumbent local exchange carrier pursuant to Sections
251 and 252 of the federal Communications Act of 1934, as
amended (47 U.S.C. Secs. 251 and 252). As used in this
section, "incumbent local exchange carrier" means that term as
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defined in 47 U.S. Code Section 251(h).
REGISTERED SUPPORT / OPPOSITION:
Support
Asian Pacific American Community Center
Asian Pacific Islander American Public Affairs Association
Asian Resources Inc.
AT&T
Bay Area Council
Black Business Association
Boys & Girls Club El Dorado County Western Slope
CALinnovates
California Black Chamber of Commerce
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California Chamber of Commerce
California Conservation Corps Foundation
California Hispanic Chambers of Commerce
California Manufacturers & Technology Association
California Rangeland Trust
California Retailers Association
California Urban Partnership
Carlsbad Chamber of Commerce
Concerned Citizens Community Involvement
Congress of California Seniors
Do-It-Yourself Girls
Eskaton Foundation
Fresno Area Hispanic Foundation
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Fresno Center for New Americans
Greater Los Angeles African American Chamber of Commerce
Greater Sacramento Urban League
Greater Riverside Chambers of Commerce
Jobs and Housing Coalition
Kern County Black Chamber of Commerce
Lassen Senior Services
Modesto Chamber of Commerce
Monterey County Business Council
The Latino Council
Los Angeles Brotherhood Crusade
National Association of Advancement of Colored People - Los
Angeles
National Latina Business Women Association - Inland Empire
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Organization of Chinese Americans - Sacramento
Pacific Grove Chamber of Commerce
Sacramento Regional Conservation Corps
San Diego North Economic Development Council
San Joaquin County Hispanic Chamber of Commerce
San Jose Police Officers' Association
Silicon Valley Leadership Group
Southern California Latino Policy Center
TechNet
TELACU Education Foundation
United Women's Organization
Women's Intercultural Network
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Opposition
Access Humboldt
Broadband Alliance of Mendocino County
BullsEye Telecom
California Alliance for Retired Americans
California Association of Competitive Telecommunications
Companies
California Brain Tumor Association
California Labor Federation
California Public Utilities Commission
Centro La Familia Advocacy Services
Communication Workers of America - District 9
ConnectTo Communications, Inc.
County of Mendocino
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The Greenlining Institute
Hunter Communications
Impulse Advanced Communications, LLC
Institute of Popular Education of Southern California
Media Alliance
National Consumer Law Center
National Hispanic Media Coalition
North Bay / North Coast Broadband Consortium
Public Citizen, Inc.
RingPlanet
San Diego Area Congregations for Change
Small Business California
Utility Consumers' Action Network
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TelePacific Communications
The Utility Reform Network
Numerous Individuals
Analysis Prepared by:Edmond Cheung / U. & C. / (916) 319-2083