House Location: Assembly
Last Amended Date: 05/17/22
Committee Location: Assembly Communications and Conveyance
Committee Hearing Date: 06/15/22
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Assembly Committee on Communications and Conveyance
1020 N Street, Room 169
Sacramento, California 95814
916.319.2637 phone
916.319.3560 fax

Committee Staff

Emilio Perez, Chief Consultant
Elizabeth Delgado, Committee Secretary

Amended in Assembly May 17, 2022 (gut and amend)

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill No. 717

Bill Text source

An act to add Section 65040.13 to the Government Code, relating to communications.

Introduced by Senator Dodd

February 19, 2021

SECTION 1. This act shall be known as the Broadband Access Point Investment Acceleration Study Act of 2022.

SEC. 2. The Legislature hereby finds and declares all of the following:

(a) The introduction of advanced mobile and fixed wireless and wireline broadband internet access services has revolutionized the way Californians communicate and connect to the digital economy. More than ever, Californians increasingly depend on broadband for distance learning, telehealth, public safety, remote work, and accessing vital government services. Californians who cannot benefit from the digital age are at an inherent disadvantage, creating disparities in education, health care, and digital skills. As more Americans use more broadband internet services, demand for new technologies, coverage, and capacity will necessarily increase. Therefore, it is critical that the deployment of wireless and wireline infrastructure is not stymied by unreasonable barriers that can intensify the digital divide by restricting investment and deployment in broadband access points.

(b) High-speed broadband internet access services, in particular, will transform the California economy through increased use of high-bandwidth and low-latency applications and through the growth of the Internet of Things. Broadband networks increasingly have required the deployment of more broadband access points to support increased usage and capacity. This trend will increase with next-generation networks, as demand continues to grow, and providers deploy broadband access points in local communities across the state. It is precisely because providers will need to deploy large numbers of broadband access points to meet the state’s growing broadband needs and implement next-generation technologies that there is an urgent need to remove any unnecessary barriers to such deployment, whether caused by state law, state or local government or agency processes, electric utility costs or processes, or private obstacles.

(c) The review directed in this act is intended to bring an understanding of these barriers to broadband access infrastructure deployment to arm the Legislature with the required foundation for further action to address them.

(d) There is an urgent need to streamline regulatory requirements to accelerate the deployment of broadband access points to meet current demand and address the next generation of broadband internet access service. There is already a recognized need to act to expedite the deployment of broadband, in particular, by streamlining overly burdensome regulatory processes to ensure that advanced broadband technology will expand beyond just urban centers. Reducing high regulatory costs and other costs and delays in urban areas would leave more money and encourage investment and development in rural and tribal areas.

(e) California must act to reduce barriers to the deployment of broadband infrastructure to maintain its leadership in advanced wireless and wireline broadband services and technology and to help address the digital divide.

SEC. 3. Section 65040.13 is added to the Government Code, to read:

65040.13.

(a) On or before January 1, 2024, the office, with input from relevant state agencies and relevant stakeholders, shall conduct, complete, and submit a report to the Senate Committee on Energy, Utilities and Communications and the Assembly Committee on Communications and Conveyance that reviews and identifies the following:

(1) Barriers to, and opportunities for, the investment in and efficient building of broadband access points on government-owned structures and property, private and public lands and buildings, and public rights of way.
(2) Barriers to, and opportunities for, access to mobile and fixed broadband internet service infrastructure by low-income tribal, urban, and rural customers, and to underserved communities.

(b) The review shall provide recommendations on how to accelerate deployment of broadband access points to serve tribes, low-income customers, and disadvantaged or underserved communities.

(c) At a minimum, the review shall consider whether, and if so, the extent to which the following factors serve as barriers to investment or deployment of broadband access points and shall make recommendations on how to overcome these barriers:

(1) The processes for and cost of obtaining electric service to broadband access points.
(2) Delays, and reasons thereof, in obtaining state, county, or local permits to deploy broadband access points.
(3) Regulatory and legal obstacles in deploying fiber to transport broadband traffic from broadband access points.
(4) The lack of legal limitations on the price for leasing private or public property to deploy broadband access points on public and private property and buildings.
(5) The cost of leasing access to middle-mile broadband networks.
(6) California Coastal Commission permitting policies.
(7) Local coastal plans that use California Coastal Commission policies resulting in delay or block of investment in and deployment of broadband access points.
(8) The permitting policies and processes to deploy on property governed by port authorities.
(9) Air quality management regulations that result in duplication or delay or otherwise block investment in, and deployment of, broadband access points.
(10) Noise abatement regulations that result in delay or block investment in, and deployment of, broadband access points.

(d) For purposes of this section, the following definitions apply:

(1) “Broadband access points” means both wireless broadband access points and wireline broadband access points.
(2) “Relevant stakeholders” means representatives of each of the following: law enforcement agencies, public safety community, public first responder personnel and providers, wireless service and infrastructure providers and their trade associations, cable communications providers and their trade association, wireline communications providers and their trade association, tribes, municipal government or city associations, county governments or county associations, investor-owned utilities, publicly owned utilities, organized labor, California manufacturing associations, and technology associations.
(3) “Relevant state agencies” means the Department of Transportation, the Public Utilities Commission, the Department of Technology, the Department of Fire and Forestry, Office of Emergency Services, and the California Coastal Commission.
(4) “Wireless broadband access points” means poles, buildings, property, towers, and base stations upon which wireless transmission and transport facilities are installed.
(5) “Wireline broadband access points” includes coax and fiber transport facilities.