| 1 | 1 | | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Concurrent Resolution No. 229Introduced by Assembly Member SantiagoApril 30, 2018 Relative to advanced communications. LEGISLATIVE COUNSEL'S DIGESTACR 229, as introduced, Santiago. Broadband deployment: pole attachments.This measure would encourage state and local officials to develop broadband-readiness checklists and best practices guidelines, as well as certification processes and model codes, to support effective and efficient broadband deployment. The measure would additionally encourage the Public Utilities Commission to assign a high priority to consideration and adoption of new rules and procedures that streamline access to utility poles and conduits in order to support effective and efficient broadband deployment, including adoption of any one touch, Accelerated Safe Access to Poles (ASAP), or right touch make-ready rules if adopted by the Federal Communications Commission.Digest Key Fiscal Committee: YES Bill TextWHEREAS, To ensure that communities across the state have access to the most advanced communications technologies and the transformative solutions that robust wireless and wireline connectivity enables, such as Smart Communities and the Internet of Things, California should work in coordination with federal, state, and local officials to create a statewide framework for the deployment of advanced communications infrastructure in California that does all of the following:(1) Reaffirms local governments historic role and authority with respect to communications infrastructure siting and construction generally.(2) Reaffirms that deployment of telecommunications facilities in public rights-of-way is a matter of statewide concern, subject to a statewide franchise, and that expeditious deployment of telecommunications networks generally is a matter of both statewide and national concern.(3) Grants providers access to infrastructure owned by local governments and public utilities that is located within public rights-of-ways under reasonable terms and conditions.(4) Grants providers nondiscriminatory access to property owned or controlled by a local jurisdiction that is not in a public right-of-way and is already being used for comparable purposes under similar terms and conditions.(5) Permits local governments to charge permit fees that are fair, reasonable, nondiscriminatory, and cost based.(6) Advances technological and competitive neutrality while not adding requirements on competing providers that do not exist today.(7) Limits the creation or erection of unreasonable requirements for access to public rights-of-way by communications providers, including excessive delays in negotiations and approvals for communications facilities; andWHEREAS, Local units of government as well as the Public Utilities Commission have a mandate to manage the use of public rights-of-way and other assets in a way that balances the interests of public safety, reliability, reasonable cost, preservation of historic structures, and community aesthetics with the benefits of improving community access to high-speed broadband services; andWHEREAS, Federal, state, and local regulators have recognized that effective and efficient access to utility poles, conduit, and public rights-of-way is essential to the deployment of both wired and wireless broadband in both urban and rural communities; andWHEREAS, Federal law provides that states may reverse preempt the Federal Communications Commission (FCC) in matters relating to pole and conduit attachments and access as long as they do so in a manner that is consistent with the requirements of Section 224 of Title 47 of the United States Code; andWHEREAS, In California, the Public Utilities Commission has certified to the FCC that it will regulate access to pole and conduit attachments such that California is considered a reverse preemption state; andWHEREAS, The Public Utilities Commission has opened an investigation and instituted a rulemaking to assess the viability of creating a comprehensive pole and conduit database, as well as to consider changes to the commissions 1998 rights-of-way decision in order to improve competitive access to public utility-owned poles and conduit; andWHEREAS, There may be low hanging fruit process and data improvements that could be addressed to ensure that access to poles and conduit is effective and efficient in order to constitute just and reasonable access pursuant to Section 224 of Title 47 of the United States Code; now, therefore, be itResolved by the Assembly of the State of California, the Senate thereof concurring, That the Legislature encourages state and local officials to develop broadband-readiness checklists and best practices guidelines, as well as certification processes and model codes, to support effective and efficient broadband deployment; and be it furtherResolved, That the Legislature encourages the Public Utilities Commission to assign a high priority to consideration and adoption of new rules and procedures that streamline access to utility poles and conduit in order to support effective and efficient broadband deployment, including adoption of any one touch, Accelerated Safe Access to Poles (ASAP), or right touch make-ready rules if adopted by the Federal Communications Commission; and be it furtherResolved, That the Chief Clerk of the Assembly transmit copies of this resolution to the author for appropriate distribution. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Concurrent Resolution No. 229Introduced by Assembly Member SantiagoApril 30, 2018 Relative to advanced communications. LEGISLATIVE COUNSEL'S DIGESTACR 229, as introduced, Santiago. Broadband deployment: pole attachments.This measure would encourage state and local officials to develop broadband-readiness checklists and best practices guidelines, as well as certification processes and model codes, to support effective and efficient broadband deployment. The measure would additionally encourage the Public Utilities Commission to assign a high priority to consideration and adoption of new rules and procedures that streamline access to utility poles and conduits in order to support effective and efficient broadband deployment, including adoption of any one touch, Accelerated Safe Access to Poles (ASAP), or right touch make-ready rules if adopted by the Federal Communications Commission.Digest Key Fiscal Committee: YES |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION |
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| 11 | 11 | | Assembly Concurrent Resolution No. 229 |
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| 13 | 13 | | Introduced by Assembly Member SantiagoApril 30, 2018 |
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| 15 | 15 | | Introduced by Assembly Member Santiago |
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| 16 | 16 | | April 30, 2018 |
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| 18 | 18 | | Relative to advanced communications. |
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| 20 | 20 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 22 | 22 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 24 | 24 | | ACR 229, as introduced, Santiago. Broadband deployment: pole attachments. |
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| 26 | 26 | | This measure would encourage state and local officials to develop broadband-readiness checklists and best practices guidelines, as well as certification processes and model codes, to support effective and efficient broadband deployment. The measure would additionally encourage the Public Utilities Commission to assign a high priority to consideration and adoption of new rules and procedures that streamline access to utility poles and conduits in order to support effective and efficient broadband deployment, including adoption of any one touch, Accelerated Safe Access to Poles (ASAP), or right touch make-ready rules if adopted by the Federal Communications Commission. |
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| 28 | 28 | | This measure would encourage state and local officials to develop broadband-readiness checklists and best practices guidelines, as well as certification processes and model codes, to support effective and efficient broadband deployment. The measure would additionally encourage the Public Utilities Commission to assign a high priority to consideration and adoption of new rules and procedures that streamline access to utility poles and conduits in order to support effective and efficient broadband deployment, including adoption of any one touch, Accelerated Safe Access to Poles (ASAP), or right touch make-ready rules if adopted by the Federal Communications Commission. |
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| 30 | 30 | | ## Digest Key |
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| 32 | 32 | | ## Bill Text |
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| 34 | 34 | | WHEREAS, To ensure that communities across the state have access to the most advanced communications technologies and the transformative solutions that robust wireless and wireline connectivity enables, such as Smart Communities and the Internet of Things, California should work in coordination with federal, state, and local officials to create a statewide framework for the deployment of advanced communications infrastructure in California that does all of the following: |
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| 36 | 36 | | (1) Reaffirms local governments historic role and authority with respect to communications infrastructure siting and construction generally. |
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| 38 | 38 | | (2) Reaffirms that deployment of telecommunications facilities in public rights-of-way is a matter of statewide concern, subject to a statewide franchise, and that expeditious deployment of telecommunications networks generally is a matter of both statewide and national concern. |
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| 40 | 40 | | (3) Grants providers access to infrastructure owned by local governments and public utilities that is located within public rights-of-ways under reasonable terms and conditions. |
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| 42 | 42 | | (4) Grants providers nondiscriminatory access to property owned or controlled by a local jurisdiction that is not in a public right-of-way and is already being used for comparable purposes under similar terms and conditions. |
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| 44 | 44 | | (5) Permits local governments to charge permit fees that are fair, reasonable, nondiscriminatory, and cost based. |
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| 46 | 46 | | (6) Advances technological and competitive neutrality while not adding requirements on competing providers that do not exist today. |
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| 48 | 48 | | (7) Limits the creation or erection of unreasonable requirements for access to public rights-of-way by communications providers, including excessive delays in negotiations and approvals for communications facilities; and |
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| 50 | 50 | | WHEREAS, Local units of government as well as the Public Utilities Commission have a mandate to manage the use of public rights-of-way and other assets in a way that balances the interests of public safety, reliability, reasonable cost, preservation of historic structures, and community aesthetics with the benefits of improving community access to high-speed broadband services; and |
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| 52 | 52 | | WHEREAS, Federal, state, and local regulators have recognized that effective and efficient access to utility poles, conduit, and public rights-of-way is essential to the deployment of both wired and wireless broadband in both urban and rural communities; and |
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| 54 | 54 | | WHEREAS, Federal law provides that states may reverse preempt the Federal Communications Commission (FCC) in matters relating to pole and conduit attachments and access as long as they do so in a manner that is consistent with the requirements of Section 224 of Title 47 of the United States Code; and |
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| 56 | 56 | | WHEREAS, In California, the Public Utilities Commission has certified to the FCC that it will regulate access to pole and conduit attachments such that California is considered a reverse preemption state; and |
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| 58 | 58 | | WHEREAS, The Public Utilities Commission has opened an investigation and instituted a rulemaking to assess the viability of creating a comprehensive pole and conduit database, as well as to consider changes to the commissions 1998 rights-of-way decision in order to improve competitive access to public utility-owned poles and conduit; and |
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| 59 | 59 | | |
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| 60 | 60 | | WHEREAS, There may be low hanging fruit process and data improvements that could be addressed to ensure that access to poles and conduit is effective and efficient in order to constitute just and reasonable access pursuant to Section 224 of Title 47 of the United States Code; now, therefore, be it |
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| 62 | 62 | | Resolved by the Assembly of the State of California, the Senate thereof concurring, That the Legislature encourages state and local officials to develop broadband-readiness checklists and best practices guidelines, as well as certification processes and model codes, to support effective and efficient broadband deployment; and be it further |
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| 64 | 64 | | Resolved, That the Legislature encourages the Public Utilities Commission to assign a high priority to consideration and adoption of new rules and procedures that streamline access to utility poles and conduit in order to support effective and efficient broadband deployment, including adoption of any one touch, Accelerated Safe Access to Poles (ASAP), or right touch make-ready rules if adopted by the Federal Communications Commission; and be it further |
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| 66 | 66 | | Resolved, That the Chief Clerk of the Assembly transmit copies of this resolution to the author for appropriate distribution. |
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