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AB-41 Broadband infrastructure deployment.(2021-2022)

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Date Published: 07/14/2021 09:00 PM
AB41:v94#DOCUMENT

Amended  IN  Senate  July 14, 2021
Amended  IN  Senate  June 17, 2021
Amended  IN  Assembly  May 24, 2021
Amended  IN  Assembly  April 21, 2021
Amended  IN  Assembly  March 16, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 41


Introduced by Assembly Member Wood
(Principal coauthor: Assembly Member Aguiar-Curry)
(Coauthors: Assembly Members Megan Dahle and Eduardo Garcia)

December 07, 2020


An act to amend Section 14051 of, and to add Sections 8887.5 and 8887.7 to, of the Government Code, and to add Section Sections 281.6 and 281.7 to the Public Utilities Code, relating to communications.


LEGISLATIVE COUNSEL'S DIGEST


AB 41, as amended, Wood. Broadband infrastructure deployment.

(1)Existing law establishes the California Broadband Council for the purpose of promoting broadband deployment in unserved and underserved areas of the state and broadband adoption throughout the state for the benefit of all Californians. Under existing law, the duties of the council include identifying opportunities for state agencies and state broadband networks to share facilities, rights-of-way, or other resources related to broadband deployment and adoption and taking any other actions to ensure that state agencies are coordinating efforts and resources to promote broadband deployment and adoption.

This bill would require the council to define and identify priority areas for broadband deployment within the state and to develop a notification system to coordinate conduit deployment between the Department of Transportation, the Public Utilities Commission, and internet service providers.

(2)Existing law

(1) Existing law vests the department Department of Transportation with full possession and control of state highways and associated property. Existing law requires the department to notify companies and organizations working on broadband deployment on its internet website of specified department-led highway construction projects and authorizes those companies and organizations to collaborate with the department to install broadband conduits as part of those projects.
This bill would require the department, as part of those projects that are located in priority areas, or areas that connect broadband infrastructure to priority areas, to install broadband conduits capable of supporting technology-neutral telecommunications cables. The bill would require the department to develop guidelines and specifications for the deployment of broadband infrastructure using a microtrench. The bill would require the department to work with companies or organizations working on broadband deployment that have requested the installation of a broadband conduit in a state highway right-of-way to determine an equitable way to pay or reimburse the department for costs relating to broadband conduit planning, installation, and maintenance.

(3)Under existing

(2) Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. Existing law requires the commission to develop, implement, and administer the California Advanced Services Fund program to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies.
This bill would require the commission, in collaboration with other relevant state agencies, agencies and stakeholders, to compile and maintain and update a statewide, publically publicly accessible, and interactive map of all current and future broadband infrastructure required to connect all Californians to high-quality broadband service. showing the accessibility of broadband service in the state, as provided.
The bill would require the commission, in collaboration with relevant stakeholders, to identify state highway rights-of-way where installation of open-access middle-mile broadband infrastructure should be prioritized to achieve the greatest reductions in the rate of households unserved by broadband that meets federal and state standards.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.Section 8887.5 is added to the Government Code, to read:
8887.5.

(a)The California Broadband Council shall define and identify priority areas for broadband deployment within the state.

(b)In defining and identifying priority areas pursuant to subdivision (a), the California Broadband Council shall consider all of the following:

(1)Social and economic impacts.

(2)Feasibility.

(3)Anchor institutions.

(4)Income levels.

(5)Opportunities for resource management.

(6)The number of households with broadband access.

(7)Equity.

(8)Strategic corridors.

(9)State contracts.

SEC. 2.Section 8887.7 is added to the Government Code, to read:
8887.7.

(a)The California Broadband Council shall develop a notification system to coordinate conduit deployment between the Department of Transportation, the Public Utilities Commission, and internet service providers.

(b)For purposes of this section, “internet service provider” has the same meaning as defined in Section 3100 of the Civil Code.

SEC. 3.SECTION 1.

 Section 14051 of the Government Code is amended to read:

14051.
 (a) For purposes of this section:

(1)

(1) “Broadband provider” means a facilities-based provider of broadband, as defined in Section 5830 of the Public Utilities Code.
(2) “Companies or organizations working on broadband deployment” includes, but is not limited to, local governments, nonprofit organizations, cable television corporations, as defined in Section 216.4 of the Public Utilities Code, and telephone corporations, as defined in Section 234 of the Public Utilities Code.

(2)“Internet service provider” has the same meaning as defined in Section 3100 of the Civil Code.

(3) “Priority area” means an area identified as a priority area by the California Broadband Council pursuant to Section 8887.5. 281.7 of the Public Utilities Code.
(b) (1) During the project planning phase of a department-led highway construction project that was initiated on or after January 1, 2017, is parallel to the highway, and involves construction methods that are suitable for installing broadband conduit, the department shall notify companies and organizations working on broadband deployment of the project on its internet website to encourage collaborative broadband installations.
(2) For the purpose of supporting technology-neutral telecommunication cables, after receiving notification from the department, a company or organization working on broadband deployment may collaborate with the department to install a broadband conduit as part of the project.
(3) The department, as part of each project located in a priority area or an area that connects broadband infrastructure to a priority area, shall, in consultation with the Public Utilities Commission and internet service providers, broadband providers, install a broadband conduit capable of supporting technology-neutral telecommunications cables.
(4) The department, in consultation with stakeholders, on or before January 1, 2018, shall develop guidelines to facilitate the installation of broadband conduit on state highway rights-of-way. The guidelines shall address access to information on assets and collaboration on future projects.
(5) The department shall work with companies or organizations working on broadband deployment that have requested the installation of a broadband conduit in a state highway right-of-way to determine an equitable way to pay or reimburse the department for costs relating to broadband conduit planning, installation, and maintenance.
(c) The department shall develop guidelines and specifications for the deployment of broadband infrastructure using a microtrench.

SEC. 4.SEC. 2.

 Section 281.6 is added to the Public Utilities Code, to read:

281.6.
 (a) The commission, in collaboration with the California Broadband Council and all relevant state agencies, agencies and stakeholders, shall compile and maintain and update a statewide, publically publicly accessible, and interactive map showing current and future planned broadband infrastructure and broadband infrastructure required to connect every Californian with high-speed internet access. The map shall include all of the following layers: the accessibility of broadband service in the state, including, but not limited to, information identifying the percentage of each census block that has broadband service meeting federal and state standards.

(1)Established broadband deployed and operated by all state agencies.

(2)A statewide relief map of current upload and download speeds.

(3)Regional, county, and municipal deployment plans’ future planned broadband infrastructure.

(4)Priority broadband deployment scenarios submitted by regional broadband consortiums.

(5)Agricultural working lands.

(6)Railways.

(7)Forthcoming highway construction projects led by the Department of Transportation that fall within the scope of Section 14051 of the Government Code, commonly known as the “Dig Once” policy.

(b)The commission shall identify and include broadband service speeds for the following data points on the map:

(1)United States Postal Service offices.

(2)Airports.

(3)Ferry stations.

(4)Amtrak stations.

(5)Public schools.

(6)Tribal lands.

(7)Public libraries.

(8)Colleges and universities.

(9)Public fairgrounds, including, but not limited to, district agricultural associations, county fairs, citrus fairs, and the California State Fair.

(10)Hospitals.

(11)Grange halls.

(12)ALERTWildfire cameras.

(13)California welcome centers.

(14)California roadside rest areas.

(15)Crowdsourced data at a household level.

(16)Electronic vehicle charging stations.

(c)The map shall include an interactive request for service function. Individual households who perceive that they have inadequate or unsatisfactory service may submit a request for improved internet service to the commission using the interactive request for service function on the map. Individual households will be asked to identify minimum desired internet speeds, at what monthly cost, and for the household’s physical address. The commission shall periodically update the statewide service relief layer described in paragraph (2) of subdivision (a) to display the collected information from the interactive request for service function.

(d)The commission

(b) The commission may collect from providers of broadband services information necessary to establish and update the map required pursuant to this section.
(c) The commission shall also create a notification feature on the map for individuals. Using this feature, an individual may sign up to be notified when updates are made to the layers described in subdivision (a) and data points described in subdivision (b), based on an appropriate radius to their home address. map.

(e)

(d) For the purposes of this section, “broadband” has the same meaning as defined in Section 5830.

SEC. 3.

 Section 281.7 is added to the Public Utilities Code, to read:

281.7.
 (a) For purposes of this section, the following definitions apply:
(1) “Middle-mile broadband infrastructure” means the portion of a telecommunications network linking the core network to the local network plant or a last-mile interconnection point.
(2) “Open-access” means infrastructure that allows any broadband provider to connect to the network on nondiscriminatory terms and conditions. This connection may be offered on a leased basis.
(b) The commission, in collaboration with relevant stakeholders, shall identify state highway rights-of-way where installation of open-access middle-mile broadband infrastructure should be prioritized.
(c) In prioritizing state highway rights-of-way, the commission shall prioritize a geographically diverse group of projects in rural and urban areas of the state on the basis of those projects that will achieve the greatest reductions in the rate of households unserved by broadband meeting federal and state standards.
(d) Upon identifying and prioritizing projects pursuant to this section, the commission shall transmit the list of priority projects to the Department of Transportation and publish the list on the commission’s internet website.