Bill Text: CA AB41 | 2021-2022 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Broadband infrastructure deployment.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Passed) 2021-10-08 - Chaptered by Secretary of State - Chapter 659, Statutes of 2021. [AB41 Detail]

Download: California-2021-AB41-Amended.html

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Amended  IN  Assembly  April 21, 2021

Amended  IN  Assembly  March 16, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 41

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

December 07, 2020

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An act to add Title 15.2 (commencing with Section 3120) to Part 4 of Division 3 of the Civil Code, and to amend Section 14051 of of, and to add Section s 8887.5 and 8887.7 to, the Government Code, relating to communications.

LEGISLATIVE COUNSEL'S DIGEST

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

(1) 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 (CASF) 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.

Existing law prohibits each fixed internet service provider from engaging in specified activities relating to the provision of fixed broadband internet access service.

This bill would require each fixed internet service provider, upon entering into an agreement with an individual or entity to deploy broadband infrastructure, to notify individuals and entities within that same census block of the agreement and of means to connect to, or benefit from, the broadband infrastructure or to join the agreement. The bill would require each fixed internet service provider to maintain a publicly accessible map on its internet website showing the broadband infrastructure that the provider has deployed and a publicly accessible database of binding quotes that it has provided to individuals and entities that request the deployment of broadband infrastructure.

(2) 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 commission, and internet service providers.

(2)

(3) Existing law provides that vests the Department of Transportation has department 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, as defined, or areas that connect existing broadband infrastructure to priority areas, to install broadband conduits capable of supporting fiber optic communication technology-neutral telecommunications cables. The bill would require the department to develop guidelines and specifications for the deployment of broadband infrastructure using a microtrench, as defined. microtrench. The bill would require the department to work with companies or organizations working on broadband deployment to determine an equitable way to pay or reimburse the department for costs relating to broadband conduit planning, installation, and maintenance.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

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

SECTION 1.

 Title 15.2 (commencing with Section 3120) is added to Part 4 of Division 3 of the Civil Code, to read:

TITLE 15.2. Internet Infrastructure

3120.

 For purposes of this title, the following definitions apply:

(a) “Broadband infrastructure” means the infrastructure necessary for the provision of fixed broadband internet access service.

(b) “Broadband internet access service” has the same meaning as defined in Section 3100.

(c) “Fixed broadband internet access service” has the same meaning as defined in Section 3100.

(d) “Fixed internet service provider” has the same meaning as defined in Section 3100.

3121.

 A fixed internet service provider, upon entering into an agreement with an individual or entity to deploy broadband infrastructure to a census block to support broadband internet access service, shall notify by mail each individual or entity within the census block in which the broadband infrastructure would be deployed of the agreement and of means to connect to, or benefit from, the broadband infrastructure or to join the agreement.

3122.

 A fixed internet service provider shall maintain a publicly accessible map on its internet website showing the broadband infrastructure that the provider has deployed.

3123.

 A fixed internet service provider shall maintain a publicly accessible database of binding quotes that it has provided to individuals and entities that request the deployment of broadband infrastructure, including those quotes that have lapsed and those that remain open.

SEC. 2.

 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. 3.

 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. 2.SEC. 4.

 Section 14051 of the Government Code is amended to read:

14051.

 (a) For purposes of this section:

(1) “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)“Microtrench” means a narrow open-excavation trench that is less than or equal to 4 inches in width and not less than 12 inches in depth and not more than 26 inches in depth and that is created for the purpose of installing a subsurface pipe or conduit.

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

(3) “Priority area” means an area listed identified as a priority area in Appendix 4 of Public Utilities Commission Resolution T-17443 (Implementation of New Timelines for California Advanced Services Fund Applicants), as updated pursuant to subdivision (c). by the California Broadband Council pursuant to Section 8887.5.

(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 fiber optic communication 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 existing broadband infrastructure to a priority area, shall shall, in consultation with the Public Utilities Commission and internet service providers, install a broadband conduit capable of supporting fiber optic communication 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 existing assets and collaboration on future projects.

(5) The department shall work with companies or organizations working on broadband deployment to determine an equitable way to pay or reimburse the department for costs relating to broadband conduit planning, installation, and maintenance.

(c)The Public Utilities Commission, in consultation with regional consortia, shall, at the request of the department, or may, in its own discretion, update Appendix 4 of Public Utilities Commission Resolution T-17443 for the purposes of this section.

(d)

(c) The department shall develop guidelines and specifications for the deployment of broadband infrastructure using a microtrench.