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AB-162 Communications: universal service programs: Public Utilities Commission reimbursement fees.(2019-2020)



Current Version: 01/07/19 - Introduced         Compare Versions information image


AB162:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 162


Introduced by Assembly Member Kiley
(Principal coauthor: Senator Jones)
(Coauthors: Assembly Members Bigelow, Brough, Cunningham, Diep, Flora, Fong, Gallagher, Lackey, Mathis, Melendez, Obernolte, Patterson, Voepel, and Waldron)
(Coauthors: Senators Bates, Borgeas, Chang, Grove, Moorlach, Morrell, Nielsen, Stone, and Wilk)

January 07, 2019


An act to add Sections 283 and 431.5 to the Public Utilities Code, relating to communications.


LEGISLATIVE COUNSEL'S DIGEST


AB 162, as introduced, Kiley. Communications: universal service programs: Public Utilities Commission reimbursement fees.
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. Existing law establishes the California High-Cost Fund-A Administrative Committee Fund, the California High-Cost Fund-B Administrative Committee Fund, the Universal Lifeline Telephone Service Trust Administrative Committee Fund, the Deaf and Disabled Telecommunications Program Administrative Committee Fund, the Payphone Service Providers Committee Fund, the California Teleconnect Fund Administrative Committee Fund, and the California Advanced Services Fund (CASF) in the State Treasury and provides that moneys in the funds are held in trust and may be expended only to accomplish specified telecommunications universal service programs, upon appropriation in the annual Budget Act or upon supplemental appropriation.
This bill would prohibit the commission from collecting, for deposit into any universal service fund, any revenues derived from charges upon the provision of a communications service that the Federal Communications Commission has determined is an information service, as specified.
Existing law establishes the Public Utilities Commission Utilities Reimbursement Account and authorizes the commission to annually determine a utility reimbursement fee to be paid by every public utility providing service directly to customers or subscribers and subject to the jurisdiction of the commission, except for a railroad corporation. The commission is required to establish the fee, with the approval of the Department of Finance, to produce a total amount equal to that amount established in the authorized commission budget for the same year, and an appropriate reserve to regulate public utilities, less specified sources of funding.
This bill would prohibit the commission from imposing a utility reimbursement fee that is applicable to the provision of a communications service that the Federal Communications Commission has determined is an information service, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 283 is added to the Public Utilities Code, to read:

283.
 No revenues that are collected for deposit in funds created pursuant to this chapter shall be collected for a communications service that the Federal Communications Commission has determined is an information service for purposes of Chapter 5 (commencing with Section 151) of Title 47 of the United States Code., except that this section shall not affect the collection of revenues pursuant to Section 285.

SEC. 2.

 Section 431.5 is added to the Public Utilities Code, to read:

431.5.
 No fee imposed by the commission pursuant to this chapter shall apply to a communications service that the Federal Communications Commission has determined is an information service for purposes of Chapter 5 (commencing with Section 151) of Title 47 of the United States Code.