Bill Text: CA AB2395 | 2015-2016 | Regular Session | Amended
Bill Title: Telecommunications: replacement of public switched telephone network.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-11-30 - From committee without further action. [AB2395 Detail]
Download: California-2015-AB2395-Amended.html
BILL NUMBER: AB 2395 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 16, 2016
AMENDED IN ASSEMBLY APRIL 20, 2016
AMENDED IN ASSEMBLY MARCH 17, 2016
INTRODUCED BY Assembly Member Low
FEBRUARY 18, 2016
An act to add Section 711 to the Public Utilities Code, relating
to telecommunications.
LEGISLATIVE COUNSEL'S DIGEST
AB 2395, as amended, Low. Telecommunications: replacement of
public switched telephone network.
Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including telephone corporations.
Existing law, until January 1, 2020, prohibits the commission from
regulating Voice over Internet Protocol and Internet Protocol enabled
service (IP enabled service), as defined, except as required or
delegated by federal law or expressly provided otherwise in statute.
This bill would require a telephone corporation that is
transitioning to IP enabled services and networks to complete a
customer education and outreach program before seeking to withdraw
traditional circuit-switched and other legacy telephone services. The
education and outreach program would be required to explain the
transition from legacy public switched telephone network services
regulated by the commission to IP enabled services, the benefits and
advantages of IP enabled services, a description of the advanced
services available to consumers, and information regarding the
projected timeframes for the transition, including that withdrawal of
any voice grade single-line telephone service will not take place
prior to January 1, 2020. The bill would prohibit a telephone
corporation from withdrawing any voice grade single-line
circuit-switched legacy telephone services without first giving prior
notice notice, as specified, to any customer
that would be affected by the planned discontinuance. The bill would
require the telephone corporation, upon giving the required notice
to customers, to give notice to the commission certifying (1)
that the telephone corporation has completed the education and
outreach program, and (2) that an alternative voice service is
available for the affected customers in the affected area. The bill
would require the commission to confirm that the replacement service
has specified elements. Upon completion of these steps, but no sooner
than January 1, 2020, the bill would authorize a telephone
corporation to elect to discontinue legacy telephone service upon
providing not less than 90-days' notice to the affected customers and
to the commission, as specified. The bill would authorize a customer
of the telephone corporation, within 30 60
days after receipt of the notice of withdrawal of legacy voice
service service, to request in writing
that the commission review the availability of the alternative
service at the customer's location. The bill would require the
commission to review and resolve the customer's request within 60
days of receipt of the request. The bill would authorize the
commission, if it determines after investigation that no alternative
service is available to that customer at the customer's location, to
order the withdrawing telephone corporation to provide voice service
to the customer for a period no longer than 12 months after
withdrawal. If an order to continue to provide voice service to a
customer is issued, the bill would require the commission to evaluate
whether an alternative service has become available for the customer
during the period the order is in effect and if an alternative
service meeting specified requirements does not become available,
would authorize require the commission
to order the withdrawing telephone corporation to continue to provide
voice service to the affected customer until an alternative service
is available at the customer's location.
Under existing law, a violation of the Public Utilities Act or any
order, decision, rule, direction, demand, or requirement of the
commission is a crime.
Because the provisions of this bill are within the act and require
action by the commission to implement its requirements, a violation
of these provisions would impose a state-mandated local program by
creating a new crime.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) California continues to be the world's advanced technology
leader, the center of the innovation economy, and a pioneer in clean
and sustainable technology. The state must adopt a strategy to build
our digital infrastructure while retiring outdated technology. The
transition from 20th century traditional circuit-switched and other
legacy telephone services to 21st century next-generation Internet
Protocol (IP) networks and services is taking place at an
extraordinary pace. A significant majority of Californians have
already transitioned to upgraded communications services such as
high-speed Internet, Voice over Internet Protocol (VoIP), and mobile
telephony services.
(b) Between 1999 and 2015, California witnessed an estimated 85
percent decline in landlines providing legacy telephone services and
relying on dated technology. At the same time, consumer adoption of
advanced services over IP-based networks has continued to grow.
Californians have quickly adopted new technologies to communicate.
More than 9 out of 10 Californians use a smartphone or other mobile
devices, 86 percent use the Internet, and there are over 5.7 million
VoIP subscriptions. As of 2014, approximately 6 percent of
Californians resided in households with only a landline, a 44 percent
decline from 2010.
(c) So many California consumers have made this transition so
quickly because IP-based services offer greater functionality than
legacy phone service. The gap will only widen with the continuing
integration of IP networks with cloud computing and the Internet of
Things. The policy of the state is to help all Californians
transition to advanced technologies and services so that everyone,
including low-income, senior, and rural communities, can benefit from
and participate fully in 21st century modern life.
(d) The legacy telephone network is underutilized.
(e) (1) This act will establish state policy for a clearly
communicated, planned, and orderly transition to advanced
technologies, so that continuity of service for consumers and
businesses is ensured, while maintaining safeguards to preserve
universal connectivity.
(2) This act will ensure that the alternative services replacing
legacy services provide quality voice service and access to emergency
communications as part of a 21st century policy framework.
(3) This act will ensure that alternative services are available
to replace legacy services before the transition, so that all
Californians are able to benefit from the opportunities presented by
advanced technologies and services.
SEC. 2. Section 711 is added to the Public Utilities Code, to
read:
711. (a) Before seeking to withdraw traditional circuit-switched
and other legacy telephone services pursuant to this section, a
telephone corporation transitioning to IP-enabled services and
networks shall complete a customer education and outreach program
explaining the IP transition, its benefits and advantages, which may
include environmental benefits and advantages, and a description of
the advanced services available to consumers. The customer education
and outreach program shall also include information regarding the
projected timeframes for the transition, including the fact that the
withdrawal of any voice grade single-line telephone service will not
take place prior to January 1, 2020.
(b) A telephone corporation planning to discontinue any voice
grade single-line circuit-switched legacy telephone service shall
first give prior notice to any customer that would be affected
by the planned discontinuance. The notice to the customer shall
include information regarding the projected timeframe for the
discontinuance of legacy voice service and specify the alternative
service or services that will be ava ilable to the
customer after the withdrawal. The notice to the customer shall also
state that, pursuant to subdivision (e), the telephone corporation
will provide 90-days' prior notice before legacy voice service is
withdrawn and, if applicable, that legacy voice service will not be
withdrawn sooner than January 1, 2020. Upon giving notice to
customers, the telephone corporation shall provide notice to
the commission certifying both of the following:
(1) The telephone corporation has completed the education and
outreach program prescribed in subdivision (a).
(2) An alternative voice service is available for the affected
customers in the affected area.
(c) Upon receipt of the notice to withdraw, the commission shall
confirm that the alternative service has all of the following
elements:
(1) Voice grade access to the public switched telephone network or
its successor.
(2) Real-time, two-way voice communications.
(3) Access for end users of those services to the local emergency
telephone systems described in the Warren-911-Emergency Assistance
Act (Article 6 (commencing with Section 53100) of Chapter 1 of Part 1
of Division 2 of Title 5 of the Government Code), and where
available, enhanced 911 access.
(4) Alternative services requiring a residential power supply to
operate are in compliance with the backup-battery capability
standards established by the Federal Communications Commission.
(d) The commission's confirmation process shall be limited to the
determination of whether the alternative service has the elements set
forth in subdivision (c) and shall be completed within 120 days from
receipt of notice from the telephone corporation pursuant to
subdivision (b). If the commission fails to complete its technical
review within 120 days from receipt of notice, the telephone
corporation will be conclusively presumed to have complied with the
requirements of subdivisions (b) and (c).
(e) Upon completion of the requirements of subdivisions (b), (c),
and (d) for voice grade single-line circuit-switched legacy telephone
services, but no sooner than January 1, 2020, a telephone
corporation may elect to discontinue any legacy telephone service,
upon giving no less than 90-days' prior notice to the affected
customers and to the commission. If the discontinuance of legacy
telephone service includes voice grade single-line services, the
notice shall include information regarding the availability of an
alternative service as confirmed by the commission and how to seek
commission review if the customer believes the alternative service is
not available at the customer's location. During the notice period,
the telephone corporation shall continue to provide the legacy
telephone service to the affected customers, except a customer that
disconnects or changes the features of the service, but shall have no
obligation to provide the legacy telephone service to any new
customers in the affected area.
(f) Within 30 60 days after receipt
of a telephone corporation's notice of withdrawal of legacy voice
service, a customer may request in writing that the commission review
the availability of the alternative service at the customer's
location. The commission shall review and resolve the customer's
request within 60 days of receipt of the request. The commission's
review shall be limited to determining whether an alternative service
that has the elements set forth in subdivision (c) is available to
the customer at that customer's location. If the commission
determines that an alternative service is not available to the
customer at the customer's location, the commission may
shall order the withdrawing telephone
corporation to provide voice service to the customer at the customer'
s location for a period no longer than 12 months after withdrawal.
The withdrawing telephone corporation may utilize any technology or
service arrangement to provide the voice services as long as it meets
the requirements of subdivision (c).
(g) If an order to continue to provide voice service to a customer
is issued pursuant to subdivision (f), during the period in which
the withdrawing telephone corporation is required to provide voice
service, the commission shall evaluate whether an alternative service
has become available for the customer that is the subject of the
order. If an alternative service meeting the elements of subdivision
(c) does not become available during the period of the order, the
commission may shall order the
withdrawing telephone corporation to continue to provide voice
service to the affected customer until an alternative service is
available at the customer's location. The withdrawing telephone
corporation may utilize any technology or service arrangement to
provide the voice service as long as it meets the requirements of
subdivision (c).
(h) Nothing in this section grants the commission jurisdiction or
control over an alternative service except as specifically set forth
in this section.
(h) The commission's duty to conduct a confirmation process
pursuant to subdivision (c) and respond to a customer inquiry
pursuant to subdivision (f) is pursuant to its jurisdiction over
legacy service and does not grant the commission jurisdiction or
control over an alternative service.
(i) Nothing in this section affects a telephone corporation's
ability to withdraw services under any other law.
(j) Nothing in this section affects or changes the commission's
authority to implement and enforce Sections 251 and 252 of the
federal Communications Act of 1934, as amended (47 U.S.C. Secs. 251
and 252), including, but not limited to, the authority to arbitrate
and enforce interconnection agreements pursuant to Section 252(b).
(k) Nothing in this section affects or changes the obligations of
an incumbent local exchange carrier pursuant to Sections 251 and 252
of the federal Communications Act of 1934, as amended (47 U.S.C.
Secs. 251 and 252). For these purposes, "incumbent local exchange
carrier" is defined as in subsection (h) of Section 251 of Title 47
of the United States Code.
SEC. 3. 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.
