Official Summary Text
AB 2289, as amended, Boerner.
Public utilities:
telecommunications.
Public Utilities Commission: telecommunications: broadband internet access service.
The California Constitution establishes the Public Utilities
Commission,
Commission (PUC),
which consists of 5 members appointed by the Governor and approved by the Senate. The California Constitution authorizes the
commission
PUC
to establish its own procedures and authorizes a commissioner as designated by the
commission
PUC
to hold a hearing or investigation or issue an order subject to
commission
PUC
approval.
This bill would require the Governor, in appointing members of the
commission,
PUC,
to ensure a diverse composition of commissioners by considering factors that contribute to diversity, as provided. The bill would recodify as a statutory provision the
commission’s
PUC’s
authority to establish its own
procedures and the authority of a commissioner to hold a hearing or investigation or issue an order subject to
the commission
PUC
approval. The bill would specify that the recodification only becomes operative if ACA 9 of the 2025–26 Regular Session is approved by the voters, becomes operative, and repeals the corresponding provision in the California Constitution.
Existing law vests the
commission
PUC
with regulatory jurisdiction over public utilities.
Existing law defines “public utility” to include, among other entities, telephone corporations and telegraph corporations.
Existing law defines “telephone line” to include all conduits, ducts, poles, wires, cables, instruments, and appliances, and all other real estate, fixtures, and personal property owned, controlled, operated, or managed in connection with or to facilitate communication by telephone.
This bill
would specify that a corporation that is providing telecommunications service, as defined, is a public utility subject to the jurisdiction, control, and regulation of the commission and the Public Utilities Act regarding the provision of
that service. The bill
would revise the definition of “telephone line” to restrict those items specified above to those in connection with or to facilitate voice communication by telephone.
Under existing law, a violation of the Public Utilities Act or an order, decision, rule, direction, demand, or requirement of the commission is a crime.
Because this bill would expand the definition of “public utility,” thereby expanding the scope of a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
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 benefits of all Californians. Existing law requires the PUC to develop, implement, and administer the California Teleconnect Fund program to advance universal service by providing discounted rates to qualifying schools, community colleges, libraries, health clinics, and community organizations, as provided. Existing law requires the PUC to develop, implement, and administer the California Advanced Services Fund to encourage the deployment of high-quality advanced communications to all Californians. Existing law requires the PUC to design and implement a program, commonly known as the Deaf and Disabled Telecommunications Program, to provide telecommunication devices capable of serving the needs of individuals who are deaf or hard of hearing, as specified, that is
funded by the Deaf and Disabled Telecommunications Program Administrative Committee Fund. Existing law establishes the Broadband Loan Loss Reserve Fund in the State Treasury, and continuously appropriates moneys in the fund to the PUC to be available to fund costs related to the financing of the deployment of broadband infrastructure by a local governmental agency or nonprofit organization, as provided. Existing law requires the PUC to maintain and update a statewide, publicly accessible, and interactive map showing the accessibility of broadband service in the state.
This bill would create the Broadband and Digital Equity Commission (Broadband Commission) with specified membership, and would, on July 1, 2028, repeal the California Broadband Council and establish the members of the council as a committee of the Broadband Commission, as specified. The bill
would establish the Office of Broadband and Digital Equity for the purpose of promoting ubiquitous and universal broadband deployment in unserved and underserved areas of the state and to increase broadband adoption throughout the state for the benefit of all Californians. The bill would, on and after July 1, 2028, declare the Office of Broadband and Digital Equity to be the only centralized state department for broadband and digital equity activities within the state authorized to establish rules or regulations for broadband internet access service and internet service providers, as provided. The bill would require the Broadband Commission to appoint the executive director of the Office of Broadband and Digital Equity, who serves at the pleasure of the Broadband Commission, as specified, and would authorize the executive director to appoint, with the approval of the Broadband Commission, necessary staff, as provided. The bill would, on and after July 1, 2028, require the Office of Broadband and Digital
Equity to assume the administrative functions of the California Teleconnect Fund Program, the California Advance Services Fund, Deaf and Disabled Telecommunications Program, and the Broadband Loan Loss Reserve Fund. The bill would specify that, on and after July 1, 2028, the moneys in the Broadband Loan Loss Reserve Fund, upon appropriation by the Legislature, are available to the Office of Broadband and Digital Equity for the financing of the deployment of broadband infrastructure by a local governmental agency or nonprofit organization, as provided. The bill would, on or after July 1, 2028, transfer the duties to maintain and update a statewide, publicly accessible, and interactive map showing the accessibility of broadband service in the state to the Office of Broadband and Digital Equity.
Existing law requires the Office of Broadband and Digital Literacy
to oversee the acquisition and management of contracts for the development and construction of a statewide open-access middle-mile broadband network to provide an opportunity for last-mile providers, anchor institutions, and tribal entities to connect to, and interconnect with other networks and other appropriate connections to, the statewide open-access middle-mile broadband network to facilitate high-speed broadband service.
This bill would require the Office of Broadband and Digital Equity, on and after July 1, 2028, to assume the above-described duties.
The Digital Infrastructure and Video Competition Act of 2006 establishes a procedure for the issuance of state franchises for the provision of video service,
defined to include cable service and open-video systems, administered by the PUC.
This bill would, on and after July 1, 2028, transfer the administration of that act to the Office of Broadband and Digital Equity.
Existing law requires the Office of Broadband and Digital Literacy, with a third-party administrator, to develop and construct a statewide open-access middle-mile broadband network that prioritizes last-mile connections to unserved and underserved areas and locations. Existing law requires the office and third-party administrator to work directly with last-mile project grant awardees to ensure that network segments, including prioritized stand-alone Department of Transportation construction projects, support last-mile connections, and requires the Office of Broadband and Digital Literacy
and the third-party administrator, to the extent feasible, to minimize disruption due to excavations, as provided.
This bill would repeal the above-described provisions.
This bill would make conforming changes.