Bill Text: CA AB1826 | 2023-2024 | Regular Session | Amended
Bill Title: Digital Equity in Video Franchising Act of 2024.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-20 - Read second time. Ordered to third reading. [AB1826 Detail]
Download: California-2023-AB1826-Amended.html
Amended
IN
Assembly
April 16, 2024 |
Introduced by Assembly Member Holden |
January 12, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 309.5 of the Public Utilities Code is amended to read:309.5.
(a) There is within the commission an independent Public Advocate’s Office of the Public Utilities Commission to represent and advocate on behalf of the interests of public utility customers and subscribers within the jurisdiction of the commission. The goal of the office shall be to obtain the lowest possible rate for service consistent with reliable and safe service levels. For revenue allocation and rate design matters, the office shall primarily consider the interests of residential and small commercial customers. The office shall also conduct independent evaluations as described in Section 5855. The
SECTION 1.SEC. 2.
The heading of Division 2.5 (commencing with Section 5800) of the Public Utilities Code is amended to read:DIVISION 2.5. THE DIGITAL EQUITY IN VIDEO FRANCHISING ACT OF 2024
SEC. 2.SEC. 3.
Section 5800 of the Public Utilities Code is amended to read:5800.
This act shall be known, and may be cited, as the Digital Equity in Video Franchising Act of 2024.SEC. 3.SEC. 4.
Section 5810 of the Public Utilities Code is amended to read:5810.
(a) The Legislature finds and declares all of the following:(E)Despite the
SEC. 4.SEC. 5.
Section 5820 of the Public Utilities Code is amended to read:5820.
(a) This division does not create a vested right in a state-issued franchise by the franchiseholder or its affiliates that precludes the state from amending the terms and conditions of a franchise.SEC. 5.SEC. 6.
Section 5830 of the Public Utilities Code is amended to read:5830.
For purposes of this division, the following definitions apply:(q)
(r)
(s)
SEC. 6.SEC. 7.
Section 5840 of the Public Utilities Code is amended to read:5840.
(a) (1) The commission is the sole franchising authority for a state franchise to provide video service under this division.(e)(1)A holder of a state franchise that is seeking a renewal of its state franchise shall submit an application to the commission requesting renewal of its state franchise.
(2)The commission shall review each submitted application consistent with Section 546 of Title 47 of the United States Code.
(f)
(g)
(h)
(4)(A)Not more than 120 days after an application for renewal of a state franchise is deemed complete, the commission shall hold a public hearing to identify unserved households in the service area proposed to be served, proposed upgrades to the cable system, and service quality and reliability information.
(B)A public hearing is not required for a new application for a state franchise.
(5)(A)For purposes of an application for renewal of a state franchise, if the applicant has complied with subdivision (f), the commission shall issue a state franchise or reject the application not more than 90 days after the public hearing required pursuant to paragraph (4).
(B)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
SEC. 7.SEC. 8.
Section 5841 is added to the Public Utilities Code, to read:5841.
(a) There is hereby adopted a state franchise fee payable as rent or a toll for the use of the public rights-of-way by holders of a state franchise issued pursuant to this division. The amount of the state franchise fee shall be 5 percent of gross revenues, as defined in subdivision (d) of Section 5860, or the percentage applied by the local entity to the gross revenue of the incumbent cable operator, whichever is less. If there is no incumbent cable operator or upon the expiration of the incumbent cable operator’s franchise, the amount of the state franchise fee shall be 5 percent of gross revenues, as defined in subdivision (d) of Section 5860, unless the local entity adopts an ordinance setting the amount of the franchise fee at less than 5 percent.(a)Except as specified in subdivision (b) or (c), consistent with Section 543 of Title 47 of the United States Code, the commission shall require a video service provider, if its application for renewal is issued, to do both of the following:
(1)Within three years of the issuance of a state-issued franchise renewal, make service available to all residences in its service area where there is a minimum density of at least 25 residences per linear mile of cable as measured from the provider’s closest technologically feasible tie-in point that is actively delivering video service.
(2)Within five years of the issuance of a state-issued franchise renewal, make video service available to all residences in its service area.
(b)Notwithstanding subdivision (a), a franchiseholder shall not be required to provide service due to factors that are beyond its control as described in subdivision (d) of Section 5890.
(c)Notwithstanding subdivision (a), if the commission determines that it is unreasonable for a franchiseholder to provide service to a portion of its service area due to the number of residences that would be served, the franchiseholder shall not be required to provide service to that portion of its service area. The commission shall establish a process by which a franchiseholder may request the commission to make that determination and, upon receiving such a request, shall timely make that determination.
SEC. 9.
Section 5850 of the Public Utilities Code is amended to read:5850.
(a) A state-issued franchise shall only be valid for 10 years after the date of issuance. The holder may apply for a renewal of the state franchise for an additional 10-year period to continue to provide video services in the area covered by the state franchise.(c)
(d)