Today's Law As Amended


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AB-1409 Public utilities: voice communications: Moore Universal Telephone Service Act.(2013-2014)



As Amends the Law Today


SECTION 1.

 Section 881 is added to the Public Utilities Code, to read:

881.
 (a) By June 1, 2014, the commission shall adopt rules that are applicable to all lifeline service providers, including providers using alternative technologies. The rules shall do all of the following:
(1) Not prevent or delay any alternative provider of voice communications service from participating based on the technology utilized to provide service, including any Voice over Internet Protocol or Internet Protocol enabled service, notwithstanding Section 710.
(2) Provide reimbursement to all participating lifeline providers on a nondiscriminatory basis.
(3) Establish a process to expeditiously review requests from any alternative provider of voice communications service to participate in the lifeline program, which may be an advice letter process, and may allow a provider to seek, in a single consolidated request, authorization to be a lifeline provider under this section and designation as an eligible telecommunications carrier pursuant to the federal lifeline program.
(b) The commission shall not, in exercising its delegated authority under federal law to designate eligible telecommunications carriers, or in exercising its authority under this section to authorize an alternative provider of voice communications service to participate in the state lifeline program, deny a request to be designated as a lifeline provider based on the requesting entity providing any Voice over Internet Protocol or Internet Protocol enabled service.

SEC. 2.

 Section 881.5 is added to the Public Utilities Code, to read:

881.5.
 Notwithstanding Section 270, a lifeline provider, including a lifeline provider that is not a telephone corporation, shall be eligible for reimbursement from the Universal Lifeline Telephone Service Trust Administrative Committee Fund.

SEC. 3.

 Section 1001.7 is added to the Public Utilities Code, to read:

1001.7.
 The commission shall neither deny nor revoke a certificate of public convenience and necessity applied for by or issued to a telephone corporation that provides retail or wholesale telecommunications services on the grounds that the telephone corporation also provides Voice over Internet Protocol service or any other unregulated service. This section does not expand the commission’s existing jurisdiction over any service or affect any provision of Section 710. This section does not give any telephone corporation any new rights or powers.

SEC. 4.

 Section 1904 of the Public Utilities Code is amended to read:

1904.
 The commission shall also charge and collect the following fees:
(a) Except as otherwise provided in Section 1036 for filing each application for a certificate of public convenience and necessity, or for the mortgage, lease, transfer, or assignment thereof, an amount not to exceed  five hundred dollars ($500). The commission may adjust this fee based on the Consumer Price Index. The fee charged and collected pursuant to this subdivision shall not exceed the reasonable costs to the commission for filing the application. 
(b) For a certificate authorizing an issue of bonds, notes, or other evidences of indebtedness, two dollars ($2) for each one thousand dollars ($1,000) of the face value of the authorized issue or fraction thereof up to one million dollars ($1,000,000), one dollar ($1) for each one thousand dollars ($1,000) over one million dollars ($1,000,000) and up to ten million dollars ($10,000,000), and fifty cents ($0.50) for each one thousand dollars ($1,000) over ten million dollars ($10,000,000), with a minimum fee in any case of fifty dollars ($50). No fee need be paid on such portion of any such issue as may be used to guarantee, take over, refund, discharge, or retire any stock, bond, note, note  or other evidence of indebtedness on which a fee has theretofore been paid to the commission. If the commission modified the amount of the issue requested in any case and the applicant thereupon elects not to avail itself of the commission’s authorization, no fee shall be paid, and if such fee is paid prior to the issuance of such certificate by the commission, such fee shall be returned.

SEC. 5.

 Section 1906 of the Public Utilities Code is repealed.

SEC. 6.
 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.
SEC. 7.
 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to ensure that persons qualifying for the lifeline program have access to the lifeline program and alternative voice communication technologies necessary to live in a modern society, including the ability to communicate with social services and first responders, and to ensure that a telecommunications provider can provide those services, it is necessary to the health and safety of the state that this act take effect immediately.