Today's Law As Amended


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AB-2758 Telecommunications: grants to areas not served by local exchange carriers.(2003-2004)



As Amends the Law Today


SECTION 1.

 Section 275 of the Public Utilities Code, as added by Section 4 of Chapter 903 of the Statutes of 2001, is amended to read:

275.
 (a) There is hereby created the California High-Cost Fund-A Administrative Committee, which is an advisory board to advise the commission regarding the development, implementation, and administration of a program to provide for transfer payments to small independent telephone corporations providing local exchange services in high-cost rural and small metropolitan areas in the state to create fair and equitable local rate structures, as provided for in Section 275.6,  739.3, the development of a grant program for the construction of telecommunications infrastructure as set forth in Section 276.5,  and to carry out the program pursuant to the commission’s direction, control, and approval.
(b) All revenues collected through surcharges  by telephone corporations in rates  authorized by the commission to fund the program specified in subdivision (a) shall be submitted to the commission pursuant to a schedule established by the commission. The commission shall transfer the moneys received to the Controller for deposit in the California High-Cost Fund-A Administrative Committee Fund. All interest earned by moneys in the fund shall be deposited in the fund. Any unexpended revenues collected prior to the operative date of this section shall be submitted to the commission, and the commission shall transfer those moneys to the Controller for deposit in the California High-Cost Fund-A Administrative Committee Fund. 
(c) Moneys appropriated from the California High-Cost Fund-A Administrative Committee Fund to the commission shall be utilized exclusively by the commission for the program specified in subdivision (a), including all costs of the board and the commission associated with the administration and oversight of the program and the fund.
(d) The Legislature finds and declares that, because maintenance of universal public switched telephone network service throughout the state and maintenance of public safety answering points in high-cost areas of the state rely on appropriations from the California High-Cost Fund-A Administrative Committee Fund, maintaining adequate funding levels for the fund is critical to public health and safety. This section shall become operative on January 1, 2006. 

SEC. 2.

 Section 276 of the Public Utilities Code, as added by Section 6 of Chapter 903 of the Statutes of 2001, is amended to read:

276.
 (a) There is hereby created the California High-Cost Fund-B Administrative Committee, which is an advisory board to advise the commission regarding the development, implementation, and administration of a program to provide for transfer payments to telephone corporations providing local exchange services in high-cost areas in the state to create fair and equitable local rate structures, as provided for in Section 739.3, the development of a grant program for the construction of telecommunications infrastructure as set forth in Section  276.5, and to carry out the program pursuant to the commission’s direction, control, and approval.
(b) All revenues collected through surcharges  by telephone corporations in rates  authorized by the commission to fund the program specified in subdivision (a) shall be submitted to the commission pursuant to a schedule established by the commission. The commission shall transfer the moneys received to the Controller for deposit in the California High-Cost Fund-B Administrative Committee Fund. All interest earned by moneys in the fund shall be deposited in the fund. Any unexpended revenues collected prior to the operative date of this section shall be submitted to the commission, and the commission shall transfer those moneys to the Controller for deposit in the California High-Cost Fund-B Administrative Committee Fund. 
(c) Moneys appropriated from the California High-Cost Fund-B Administrative Committee Fund to the commission shall be utilized exclusively by the commission for the program specified in subdivision (a), including all costs of the board and the commission associated with the administration and oversight of the program and the fund.
(d) This section shall become operative on January 1, 2006.

SEC. 3.

 Section 276.5 of the Public Utilities Code is amended to read:

276.5.
 (a) The commission shall develop, implement, and maintain a suitable, competitively neutral, and broad-based program to establish a fair and equitable local rate support structure aided by universal service rate support to telephone corporations serving areas where the cost of providing services exceeds rates charged by providers, as determined by the commission. establish a grant program to aid in the establishment of telecommunications service in areas not currently served by existing local exchange carriers.  The program shall be known, and may be cited, as  funded out of either  the California High-Cost Fund-B  Administrative Committee Fund program or CHCF-B program. The purpose of the program shall be to promote the goals of universal telephone service and to reduce any disparity in the rates charged by those companies. Except as otherwise explicitly provided, this subdivision does not limit the manner in which the commission collects and disburses funds, and does not limit the manner in which it may include or exclude the revenue of contributing entities in structuring the program. Fund-A or the California High-Cost Administrative Committee Fund-B, or both, as determined by the commission, and the funding level may not exceed ten million dollars ($10,000,000) per year. 
(b) On or after July 1, 2002, any community-based group representing a qualifying community may apply for and receive grants to build an original telecommunications infrastructure that can provide basic telecommunications service that will serve an area that meets the grant program’s population criteria with consideration given to communities with schools, hospitals, and health clinics, as set forth in Decision 96-10-066, and that currently lacks basic telecommunications services, as described in Decision 96-10-066 of the commission. A community-based group representing a qualifying community may alternatively apply for and receive a grant to subsidize the cost of the telecommunications service itself, if the group determines that this would be more cost-effective than subsidizing the building of an original telecommunications infrastructure. On or before June 30, 2002, the commission, shall establish eligibility criteria for community-based groups to qualify to apply for telecommunications infrastructure grants. The criteria shall include a requirement that a local agency, as defined by Section 50001 of the Government Code, or a town, as defined by Section 21 of the Government Code, shall act as the community-based group’s fiscal agent for the receipt and distribution of funds. Qualifying communities shall have a median household income no greater than the income level used in the Universal Lifeline Telephone Service index for a family of four. The commission shall require that the telecommunications carrier that provides the service has the obligation to serve the community.
(c) Grant proposals shall be submitted in accordance with procedures prescribed by the commission and evaluated and awarded by the commission using technology criteria developed by the government-industry working group established by subdivision (h). Grant proposals shall contain all of the following:
(1) A letter from a local agency or town agreeing to act as a fiscal agent for the receipt and distribution of funds.
(2) Preliminary engineering feasibility studies conducted in cooperation with the local service providers that include all of the following:
(A) Topographical maps indicating the location of all existing residences.
(B) Schematic maps of the proposed network facilities.
(C) Recommendations and justifications for the preferred technologies.
(D) Network compatibility statements from one or more interconnecting carriers.
(E) Cost projections for the infrastructure facilities.
(F) Cost projections for the interconnection and recurring service provisions.
(G) Projected budget for engineering feasibility studies.
(3) Recommendations and letters of support from all of the following:
(A) The county board of supervisors.
(B) Other affected local governments.
(C) Affected school districts.
(D) Affected emergency service providers.
(E) Affected law enforcement agencies.
(4) Letters of commitment from 75 percent of the unserved population.
(5) A project schedule, including timeline and budget.
(6) A management plan that assures the proper utilization of grant funds.
(7) Evidence that competing providers and competing technologies have been considered and evaluated.
(d) Grant applicants that are rejected by the commission may be reimbursed for the cost of their preliminary engineering feasibility studies, including, but not limited to, any approved cost of a local telecommunications carrier that contributes to the studies, from the grant program.
(e) The procedures developed for awarding grants shall ensure that the grants awarded do not exceed annual moneys available to support the program, that not more than one grant is awarded to a qualifying community, and that no one applicant receive more than 25 percent of the designated program funds in a single fiscal year.
(b) (f)  The  In evaluating grant applications, the  commission shall structure the CHCF-B program so that any charge imposed to promote the goals of universal service reasonably equals the value of the benefits of universal service to contributing entities and their subscribers. consider the cost effectiveness of the application, the number of people served, the level of local support, the ability of the community served to pay for the services delivered, and the effect on public health and safety. 
(c) (g)  The commission shall investigate reducing the level of universal service rate support, or elimination of universal service rate support in service areas with demonstrated competition. establish a government-industry working group to develop the technical criteria to be used in evaluating grant awards. The working group shall be composed of, but not limited to, the following: 
(1) Representatives of the commission.
(2) Representatives of the incumbent local exchange carrier industry.
(3) Representatives of the competitive local exchange carrier industry.
(4) Representatives of the wireless carrier industry.
(h) Grant applicants shall seek to secure federal sources of funding in conjunction with local subsidies for the construction of telecommunications infrastructure.
(d) (i)  This section shall remain in effect only until January 1, 2028, 2009,  and as of that date is repealed. repealed, unless a later enacted statute enacted before January 1, 2009, deletes or extends that date. 
SEC. 4.
 This act shall not become operative unless Senate Bill 1276 of the 2003–04 Regular Session is enacted, amends Section 739.3 of the Public Utilities Code, and becomes effective on or before January 1, 2005.