Today's Law As Amended


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AB-442 Telecommunications: regulatory streamlining.(2003-2004)



As Amends the Law Today


SECTION 1.

 Article 11 (commencing with Section 910) is added to Chapter 4 of Part 1 of Division 1 of the Public Utilities Code, to read:

Article  11. Communications Regulatory Streamlining
910.
 (a) The commission shall, by January 1, 2005, commence a rulemaking or quasi-legislative proceeding to develop rules for harmonizing the regulation of the communications industry for the following purposes:
(1) Eliminating regulations and policies for the communications industry that are no longer necessary or appropriate as a result of technological advancements and competition in the communications industry.
(2) Promoting competition.
(3) Promoting investment that will improve quality of products, quality of service, and greater choices for consumers.
(4) Promoting economic growth.
(b) The rules adopted by the commission shall protect existing policies that provide for all of the following:
(1) Basic service at reasonable rates.
(2) Incentives and transfer payments to provide universal service to low-income, disabled, rural, and high-cost customers.
(3) Access to, or use of, the infrastructure of incumbent local exchange carriers by competitive carriers, consistent with requirements of federal and state law and the Federal Communications Commission.
912.
 The commission shall rely on competitive forces in the communications industry to promote consumer choice and to advance the interests of consumers, whenever possible.
913.
 The transmission of communications over the Internet, whether by voice, data, video streams, or any combination thereof, does not, solely by reason of engaging in any of those activities, make a corporation or person providing the necessary software, hardware, transmission service, or the transmission path, a public utility or subject those activities to the jurisdiction of the commission. Nothing in this section alters or affects state or federal law regarding surcharges or regulatory fees on voice communications over the Internet.
914.
 The commission shall, by January 1, 2006, issue a final decision adopting rules consistent with this article. The commission shall use existing resources to comply with this article. The commission may issue rules and orders exempting the communications industry, including telephone corporations, from existing rules and orders of the commission, in furtherance of this article. The commission shall report to the relevant policy committees of the Legislature on recommendations for any statutory changes necessary to comply with this article or to advance the purposes of Section 910.
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.