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SB-431 Mobile telephony service base transceiver station towers: communications infrastructure: performance reliability standards.(2019-2020)

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Date Published: 02/10/2020 09:00 PM
SB431:v97#DOCUMENT

Corrected  February 11, 2020
Amended  IN  Assembly  February 10, 2020
Amended  IN  Assembly  June 12, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 431


Introduced by Senator McGuire Senators McGuire and Glazer
(Principal coauthor: Senator Stern)
(Coauthors: Senators Beall, Caballero, Dahle, Dodd, Lena Gonzalez, Hill, Monning, Nielsen, Wieckowski, and Wilk)
(Coauthors: Assembly Members Bauer-Kahan, Levine, Blanca Rubio, and Wood)

February 21, 2019


An act to add Section 776.2 to the Public Utilities Code, relating to communications.


LEGISLATIVE COUNSEL'S DIGEST


SB 431, as amended, McGuire. Mobile telephony service base transceiver station towers: communications infrastructure: performance reliability standards.
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. Existing law requires the commission to develop and implement performance reliability standards for backup power systems installed on the property of residential and small commercial customers by a facilities-based provider of telephony services upon determining that the benefits of the standards exceed the costs.
This bill would require the commission, in consultation with the Office of Emergency Services, by July 1, 2021, to develop and implement performance reliability standards, as specified, for all mobile telephony service base transceiver station towers, commonly known as “cell towers,” and for all infrastructure for providing mobile telephony service, Voice over Internet Protocol service, Internet Protocol enabled service, and cable television service that is located within a commission-designated Tier 2 or Tier 3 High Fire Threat District. District, or that affects those towers or that infrastructure within such a district.
Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime.
Because the provisions of this bill would be a part of the act and because a violation of an order or decision of the commission implementing its requirements would be a crime, the bill would impose a state-mandated local program by creating a new crime.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 776.2 is added to the Public Utilities Code, to read:

776.2.
 (a) The By July 1, 2021, the commission, in consultation with the Office of Emergency Services, shall develop and implement performance reliability standards for all mobile telephony service base transceiver station towers and other infrastructure for providing mobile telephony service, Voice over Internet Protocol service, Internet Protocol enabled service, and cable television service that is located within a commission-designated Tier 2 or Tier 3 High Fire Threat District. District, or that is located outside such a district, but that affects those towers or that infrastructure within such a district. Those standards shall do both of the following:
(1) Establish a minimum operating life for backup power systems of no less than 48 hours. 72 hours, unless the commission determines that the mobile telephony service base transceiver station tower or communications infrastructure is incapable of a minimum operating life of not less than 72 hours of backup, in which case, the commission shall determine and require a minimum operating life pursuant to subdivision (b).
(2) Establish means to warn a customer when the backup power system is low or when the transceiver system and the customer’s access can no longer be supported by the backup power system.
(b) In developing and implementing any standards pursuant to subdivision (a), the commission shall consider current best practices and technical feasibility for establishing backup power system requirements.
(c) The commission shall collect data necessary to identify the mobile telephony service base transceiver station infrastructure and infrastructure for providing mobile telephony service, Voice over Internet Protocol service, Internet Protocol enabled service, and cable television service that shall be subject to the performance reliability standards adopted pursuant to subdivision (a).
(d) The commission may require a mobile telephony services provider to collect and forward to the commission any relevant information that may be useful to the commission’s development or implementation of performance reliability standards pursuant to this section.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
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CORRECTIONS:
Heading—Line 3.
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