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

California Assembly Bill 41 (Prior Session Legislation)

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

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

Amended IN Assembly March 16, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 41

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

December 07, 2020

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 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 provides that the Department of Transportation has 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 cables. The bill would require the department to develop guidelines and specifications for the deployment of broadband infrastructure using a microtrench, as defined.
Existing law provides that the Department of Transportation has full possession and control of state highways and associated property. Existing law requires the department to develop guidelines to facilitate the installation of a broadband conduit on state highway rights-of-way.
This bill would state the intent of the Legislature to enact future legislation that will improve California’s “Dig Once” policy and expedite the deployment of broadband infrastructure in communities that are currently unserved and underserved.

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

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 14051 of the Government Code is amended to read:

14051.

(a) For purposes of this ~~section, “companies~~ 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.
(3) “Priority area” means an area listed 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).

(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 Web site~~ internet website to encourage collaborative broadband installations.

(2) For the purpose of supporting fiber optic communication 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 install a broadband conduit capable of supporting fiber optic communication cables.
~~(3)~~

(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.

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

SECTION 1.
It is the intent of the Legislature to pass legislation that will improve California’s “Dig Once” policy and expedite the deployment of broadband infrastructure in communities that are currently unserved and underserved.