Bill Text: CA AB1366 | 2019-2020 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Office of Emergency Services: coordination of communications.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2020-04-06 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E., U. & C. [AB1366 Detail]
Download: California-2019-AB1366-Amended.html
Bill Title: Office of Emergency Services: coordination of communications.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2020-04-06 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E., U. & C. [AB1366 Detail]
Download: California-2019-AB1366-Amended.html
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Amended
IN
Assembly
April 29, 2019 |
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Amended
IN
Assembly
March 25, 2019 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
| Assembly Bill | No. 1366 |
| Introduced by Assembly Member Gonzalez |
February 22, 2019 |
An act to amend Section 710 of the Public Utilities Code, relating to communications.
LEGISLATIVE COUNSEL'S DIGEST
AB 1366, as amended, Gonzalez.
Voice over Internet Protocol and Internet Protocol enabled communications services.
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, a department, an agency, or a political subdivision of the state from regulating Voice over Internet Protocol and Internet Protocol enabled service, as defined, except as required or delegated by federal law or as expressly directed to do so by statute.
This bill would extend indefinitely until January 1, 2030, the qualified prohibition upon the commission, a department, an agency, or a political subdivision of the state regulating Voice over Internet Protocol
and Internet Protocol enabled service, with the additional qualification that the commission, a department, an agency, or a political subdivision of the state would be authorized to exercise regulatory jurisdiction and control as expressly and specifically directed by the Legislature in the interest of public safety or consumer protection.
Existing law explicitly exempts from this the qualified prohibition certain of the commission’s authority
powers, including those relative to the construction and maintenance of underground facilities and overhead electric lines, as specified.
This bill would also exempt from the prohibition the commission’s authority relative to the safety of those lines and facilities.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 710 of the Public Utilities Code is amended to read:710.
(a) (1) The commission shall not exercise regulatory jurisdiction or control over Voice over Internet Protocol and Internet Protocol enabled services except in accordance with one of the following:(A) As required or expressly delegated by federal law.
(B) As expressly directed to do so by statute or as set forth in subdivision (c).
(C) As expressly and specifically directed by the Legislature in the interest of public safety or consumer protection.
(2) This section does not expand the
commission’s jurisdiction beyond the exceptions in paragraph (1).
(b) (1) No department, agency, commission, or political subdivision of the state shall enact, adopt, or enforce any law, rule, regulation, ordinance, standard, order, or other provision having the force or effect of law, that regulates VoIP or other IP enabled service, except in accordance with one of the following:
(A) As required or expressly delegated by federal law.
(B) As expressly authorized by statute or pursuant to subdivision (c).
(C) As expressly and specifically directed by the Legislature in the interest of public safety or consumer protection.
(2) This section does not expand a department’s, agency’s, commission’s, or political subdivision’s
jurisdiction beyond the exceptions in paragraph (1).
(c) This section does not affect or supersede any of the following:
(1) The Emergency Telephone Users Surcharge Law Act (Part 20 (commencing with Section 41001) of Division 2 of the Revenue and Taxation Code) and the state’s universal service programs (Section 285). referenced in Section 285.
(2) The
Digital Infrastructure and Video Competition Act of 2006 (Division 2.5 (commencing with Section 5800)) or a franchise granted by a local franchising entity, as those terms are defined in Section 5830.
(3) 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).
(4) The commission’s authority to require data and other information pursuant to Section 716.
(5) The commission’s authority to address or affect the resolution of disputes regarding intercarrier compensation, including for the exchange of traffic that originated, terminated, or was translated at any point into Internet Protocol format.
(6) The commission’s authority to enforce existing requirements regarding backup power systems established in commission Decision 10-01-026, 10-01-026 (January 22, 2010), Decision Adopting Guidelines for Customer Education Programs Regarding Backup Power Systems Pursuant to Assembly Bill 2393, adopted pursuant to Section 2892.1.
(7) The commission’s authority relative to access to support structures, including pole attachments, or to the construction, safety, and maintenance of facilities pursuant to commission General Order 95
and General Order 128.
(8) The Warren-911-Emergency Assistance Act (Article 6 (commencing with Section 53100) of Chapter 1.5 1 of Part 1 of Division 2 of Title 5 of the Government Code).
(d) This section does not affect the enforcement of any state or federal criminal or civil law or any local ordinances of general applicability, including, but not limited to, consumer protection and unfair or deceptive trade practice laws or ordinances, that apply to the conduct of business, the California Environmental Quality Act (Division 13 (commencing with Section 21000) of
the Public Resources Code), local utility user taxes, and state and local authority governing the use and management of the public rights-of-way.
(e) This section does not affect any existing regulation of, proceedings governing, or existing commission authority over, non-VoIP and other non-IP enabled wireline or wireless service, including regulations governing universal service and the offering of basic service and lifeline service, and any obligations to offer basic service.
(f) This section does not limit the commission’s ability to continue to monitor and discuss VoIP services, to track and report to the Federal Communications Commission and the Legislature, within its annual report to the Legislature, the number and type of complaints received by the
commission from customers, and to respond informally to customer complaints, including providing VoIP customers who contact the commission information regarding available options under state and federal law for addressing complaints.
(g) This section does not affect the establishment or enforcement of standards, requirements, or procedures, including procurement policies, applicable to any department, agency, commission, or political subdivision of the state, or to the employees, agents, or contractors of a department, agency, commission, or political subdivision of the state, relating to the protection of intellectual property.
(h) This section shall remain in effect only until January 1, 2030,
and as of that date is repealed.
