Amended IN Assembly March 25, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1366Introduced by Assembly Member GonzalezFebruary 22, 2019An act to amend Section 170010 of the Public Utilities Code, relating to transportation. An act to amend Section 710 of the Public Utilities Code, relating to communications.LEGISLATIVE COUNSEL'S DIGESTAB 1366, as amended, Gonzalez. San Diego County Regional Airport Authority: board of directors. 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 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 prohibition the commissions authority relative to the construction and maintenance of underground facilities and overhead electric lines, as specified.This bill would also exempt from the prohibition the commissions authority relative to the safety of those lines and facilities.Existing law establishes the San Diego County Regional Airport Authority, governed by a board of directors consisting of 9 voting members, as described, with specified jurisdiction extending throughout the County of San Diego, and prescribes the functions, duties, and powers of the authority relating to the operation, management, and development of the San Diego International Airport and airport facilities.This bill would make nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe 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 as in accordance with one of the following:(A) As required or expressly delegated by federal law or law.(B) As expressly directed to do so by statute or as set forth in subdivision (c). In the event of a requirement or a delegation referred to above, this(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 commissions jurisdiction beyond the scope of that requirement or delegation. 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, unless except in accordance with one of the following:(A) As required or expressly delegated by federal law or law.(B) As expressly authorized by statute or pursuant to subdivision (c). In the event of a requirement or a delegation referred to above, this(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 commissions a departments, agencys, commissions, or political subdivisions jurisdiction beyond the scope of that requirement or delegation. exceptions in paragraph (1).(c) This section does not affect or supersede any of the following:(1) The Emergency Telephone Users Surcharge Law (Part 20 (commencing with Section 41001) of Division 2 of the Revenue and Taxation Code) and the states universal service programs (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 commissions 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 commissions authority to require data and other information pursuant to Section 716.(5) The commissions 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 commissions authority to enforce existing requirements regarding backup power systems established in Decision 10-01-026, adopted pursuant to Section 2892.1.(7) The commissions authority relative to access to support structures, including pole attachments, or to the construction 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 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 commissions 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, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. SECTION 1.Section 170010 of the Public Utilities Code is amended to read:170010.(a)(1)The board of directors shall consist of nine voting members, appointed as follows:(A)The Mayor of the City of San Diego shall appoint three persons, two of whom shall be subject to confirmation by the City Council of the City of San Diego. The persons appointed pursuant to this subparagraph shall be residents of the City of San Diego and not less than one shall be an elected official of the City of San Diego. For purposes of this subdivision, an elected official of the City of San Diego means the Mayor or a member of the City Council of the City of San Diego.(B)The Chair of the Board of Supervisors of the County of San Diego shall appoint two persons, subject to confirmation by the Board of Supervisors of the County of San Diego. The persons appointed pursuant to this subparagraph shall be residents of the County of San Diego and not less than one shall be a member of the Board of Supervisors of the County of San Diego.(C)At a public meeting, the mayors of the east county cities shall appoint one person pursuant to a majority vote of the mayors of the east county cities. The person appointed pursuant to this subparagraph shall be a member of a city council of one of the east county cities or another resident of one of the east county cities.(D)At a public meeting, the mayors of the north county coastal cities shall appoint one person pursuant to a majority vote of the mayors of the north county coastal cities. The person appointed pursuant to this subparagraph shall be a member of a city council of one of the north county coastal cities or another resident of one of the north county coastal cities.(E)At a public meeting, the mayors of the north county inland cities shall appoint one person pursuant to a majority vote of the mayors of the north county inland cities. The person appointed pursuant to this subparagraph shall be a member of a city council of one of the north county inland cities or another resident of one of the north county inland cities.(F)At a public meeting, the mayors of the south county cities shall appoint one person pursuant to a majority vote of the mayors of the south county cities. The person appointed pursuant to this subparagraph shall be a member of a city council of one of the south county cities or another resident of one of the south county cities.(2)Public meetings convened pursuant to subparagraphs (C) to (F), inclusive, of paragraph (1) shall be publicly noticed by the authority and by each of the cities whose mayor is eligible to participate in the meeting. These meetings are subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) and shall be conducted by the authority clerk who shall record the minutes of the meeting.(3)The authority may issue guidance to cities concerning the appointment process.(b)The following persons shall be nonvoting, noncompensated, ex officio members of the board of directors, appointed by the Governor:(1)The District Director of the Department of Transportation for the San Diego region.(2)The Department of Finance representative on the State Lands Commission.(c)The board of directors may provide for additional nonvoting, noncompensated members of the board of directors, including representatives of the United States Navy and the United States Marine Corps, each of whom may appoint an alternate to serve in his or her place.(d)The Mayor of the City of San Diego shall appoint the chair of the authority board of directors from among the nine voting members of the board of directors.
Amended IN Assembly March 25, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1366Introduced by Assembly Member GonzalezFebruary 22, 2019An act to amend Section 170010 of the Public Utilities Code, relating to transportation. An act to amend Section 710 of the Public Utilities Code, relating to communications.LEGISLATIVE COUNSEL'S DIGESTAB 1366, as amended, Gonzalez. San Diego County Regional Airport Authority: board of directors. 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 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 prohibition the commissions authority relative to the construction and maintenance of underground facilities and overhead electric lines, as specified.This bill would also exempt from the prohibition the commissions authority relative to the safety of those lines and facilities.Existing law establishes the San Diego County Regional Airport Authority, governed by a board of directors consisting of 9 voting members, as described, with specified jurisdiction extending throughout the County of San Diego, and prescribes the functions, duties, and powers of the authority relating to the operation, management, and development of the San Diego International Airport and airport facilities.This bill would make nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Assembly March 25, 2019
Amended IN Assembly March 25, 2019
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill No. 1366
Introduced by Assembly Member GonzalezFebruary 22, 2019
Introduced by Assembly Member Gonzalez
February 22, 2019
An act to amend Section 170010 of the Public Utilities Code, relating to transportation. An act to amend Section 710 of the Public Utilities Code, relating to communications.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1366, as amended, Gonzalez. San Diego County Regional Airport Authority: board of directors. 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 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 prohibition the commissions authority relative to the construction and maintenance of underground facilities and overhead electric lines, as specified.This bill would also exempt from the prohibition the commissions authority relative to the safety of those lines and facilities.Existing law establishes the San Diego County Regional Airport Authority, governed by a board of directors consisting of 9 voting members, as described, with specified jurisdiction extending throughout the County of San Diego, and prescribes the functions, duties, and powers of the authority relating to the operation, management, and development of the San Diego International Airport and airport facilities.This bill would make nonsubstantive changes to these provisions.
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 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 prohibition the commissions authority relative to the construction and maintenance of underground facilities and overhead electric lines, as specified.
This bill would also exempt from the prohibition the commissions authority relative to the safety of those lines and facilities.
Existing law establishes the San Diego County Regional Airport Authority, governed by a board of directors consisting of 9 voting members, as described, with specified jurisdiction extending throughout the County of San Diego, and prescribes the functions, duties, and powers of the authority relating to the operation, management, and development of the San Diego International Airport and airport facilities.
This bill would make nonsubstantive changes to these provisions.
## Digest Key
## Bill 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 as in accordance with one of the following:(A) As required or expressly delegated by federal law or law.(B) As expressly directed to do so by statute or as set forth in subdivision (c). In the event of a requirement or a delegation referred to above, this(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 commissions jurisdiction beyond the scope of that requirement or delegation. 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, unless except in accordance with one of the following:(A) As required or expressly delegated by federal law or law.(B) As expressly authorized by statute or pursuant to subdivision (c). In the event of a requirement or a delegation referred to above, this(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 commissions a departments, agencys, commissions, or political subdivisions jurisdiction beyond the scope of that requirement or delegation. exceptions in paragraph (1).(c) This section does not affect or supersede any of the following:(1) The Emergency Telephone Users Surcharge Law (Part 20 (commencing with Section 41001) of Division 2 of the Revenue and Taxation Code) and the states universal service programs (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 commissions 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 commissions authority to require data and other information pursuant to Section 716.(5) The commissions 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 commissions authority to enforce existing requirements regarding backup power systems established in Decision 10-01-026, adopted pursuant to Section 2892.1.(7) The commissions authority relative to access to support structures, including pole attachments, or to the construction 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 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 commissions 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, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. SECTION 1.Section 170010 of the Public Utilities Code is amended to read:170010.(a)(1)The board of directors shall consist of nine voting members, appointed as follows:(A)The Mayor of the City of San Diego shall appoint three persons, two of whom shall be subject to confirmation by the City Council of the City of San Diego. The persons appointed pursuant to this subparagraph shall be residents of the City of San Diego and not less than one shall be an elected official of the City of San Diego. For purposes of this subdivision, an elected official of the City of San Diego means the Mayor or a member of the City Council of the City of San Diego.(B)The Chair of the Board of Supervisors of the County of San Diego shall appoint two persons, subject to confirmation by the Board of Supervisors of the County of San Diego. The persons appointed pursuant to this subparagraph shall be residents of the County of San Diego and not less than one shall be a member of the Board of Supervisors of the County of San Diego.(C)At a public meeting, the mayors of the east county cities shall appoint one person pursuant to a majority vote of the mayors of the east county cities. The person appointed pursuant to this subparagraph shall be a member of a city council of one of the east county cities or another resident of one of the east county cities.(D)At a public meeting, the mayors of the north county coastal cities shall appoint one person pursuant to a majority vote of the mayors of the north county coastal cities. The person appointed pursuant to this subparagraph shall be a member of a city council of one of the north county coastal cities or another resident of one of the north county coastal cities.(E)At a public meeting, the mayors of the north county inland cities shall appoint one person pursuant to a majority vote of the mayors of the north county inland cities. The person appointed pursuant to this subparagraph shall be a member of a city council of one of the north county inland cities or another resident of one of the north county inland cities.(F)At a public meeting, the mayors of the south county cities shall appoint one person pursuant to a majority vote of the mayors of the south county cities. The person appointed pursuant to this subparagraph shall be a member of a city council of one of the south county cities or another resident of one of the south county cities.(2)Public meetings convened pursuant to subparagraphs (C) to (F), inclusive, of paragraph (1) shall be publicly noticed by the authority and by each of the cities whose mayor is eligible to participate in the meeting. These meetings are subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) and shall be conducted by the authority clerk who shall record the minutes of the meeting.(3)The authority may issue guidance to cities concerning the appointment process.(b)The following persons shall be nonvoting, noncompensated, ex officio members of the board of directors, appointed by the Governor:(1)The District Director of the Department of Transportation for the San Diego region.(2)The Department of Finance representative on the State Lands Commission.(c)The board of directors may provide for additional nonvoting, noncompensated members of the board of directors, including representatives of the United States Navy and the United States Marine Corps, each of whom may appoint an alternate to serve in his or her place.(d)The Mayor of the City of San Diego shall appoint the chair of the authority board of directors from among the nine voting members of the board of directors.
The people of the State of California do enact as follows:
## 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 as in accordance with one of the following:(A) As required or expressly delegated by federal law or law.(B) As expressly directed to do so by statute or as set forth in subdivision (c). In the event of a requirement or a delegation referred to above, this(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 commissions jurisdiction beyond the scope of that requirement or delegation. 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, unless except in accordance with one of the following:(A) As required or expressly delegated by federal law or law.(B) As expressly authorized by statute or pursuant to subdivision (c). In the event of a requirement or a delegation referred to above, this(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 commissions a departments, agencys, commissions, or political subdivisions jurisdiction beyond the scope of that requirement or delegation. exceptions in paragraph (1).(c) This section does not affect or supersede any of the following:(1) The Emergency Telephone Users Surcharge Law (Part 20 (commencing with Section 41001) of Division 2 of the Revenue and Taxation Code) and the states universal service programs (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 commissions 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 commissions authority to require data and other information pursuant to Section 716.(5) The commissions 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 commissions authority to enforce existing requirements regarding backup power systems established in Decision 10-01-026, adopted pursuant to Section 2892.1.(7) The commissions authority relative to access to support structures, including pole attachments, or to the construction 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 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 commissions 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, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
SECTION 1. Section 710 of the Public Utilities Code is amended to read:
### SECTION 1.
710. (a) (1) The commission shall not exercise regulatory jurisdiction or control over Voice over Internet Protocol and Internet Protocol enabled services except as in accordance with one of the following:(A) As required or expressly delegated by federal law or law.(B) As expressly directed to do so by statute or as set forth in subdivision (c). In the event of a requirement or a delegation referred to above, this(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 commissions jurisdiction beyond the scope of that requirement or delegation. 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, unless except in accordance with one of the following:(A) As required or expressly delegated by federal law or law.(B) As expressly authorized by statute or pursuant to subdivision (c). In the event of a requirement or a delegation referred to above, this(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 commissions a departments, agencys, commissions, or political subdivisions jurisdiction beyond the scope of that requirement or delegation. exceptions in paragraph (1).(c) This section does not affect or supersede any of the following:(1) The Emergency Telephone Users Surcharge Law (Part 20 (commencing with Section 41001) of Division 2 of the Revenue and Taxation Code) and the states universal service programs (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 commissions 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 commissions authority to require data and other information pursuant to Section 716.(5) The commissions 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 commissions authority to enforce existing requirements regarding backup power systems established in Decision 10-01-026, adopted pursuant to Section 2892.1.(7) The commissions authority relative to access to support structures, including pole attachments, or to the construction 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 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 commissions 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, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
710. (a) (1) The commission shall not exercise regulatory jurisdiction or control over Voice over Internet Protocol and Internet Protocol enabled services except as in accordance with one of the following:(A) As required or expressly delegated by federal law or law.(B) As expressly directed to do so by statute or as set forth in subdivision (c). In the event of a requirement or a delegation referred to above, this(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 commissions jurisdiction beyond the scope of that requirement or delegation. 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, unless except in accordance with one of the following:(A) As required or expressly delegated by federal law or law.(B) As expressly authorized by statute or pursuant to subdivision (c). In the event of a requirement or a delegation referred to above, this(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 commissions a departments, agencys, commissions, or political subdivisions jurisdiction beyond the scope of that requirement or delegation. exceptions in paragraph (1).(c) This section does not affect or supersede any of the following:(1) The Emergency Telephone Users Surcharge Law (Part 20 (commencing with Section 41001) of Division 2 of the Revenue and Taxation Code) and the states universal service programs (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 commissions 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 commissions authority to require data and other information pursuant to Section 716.(5) The commissions 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 commissions authority to enforce existing requirements regarding backup power systems established in Decision 10-01-026, adopted pursuant to Section 2892.1.(7) The commissions authority relative to access to support structures, including pole attachments, or to the construction 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 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 commissions 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, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
710. (a) (1) The commission shall not exercise regulatory jurisdiction or control over Voice over Internet Protocol and Internet Protocol enabled services except as in accordance with one of the following:(A) As required or expressly delegated by federal law or law.(B) As expressly directed to do so by statute or as set forth in subdivision (c). In the event of a requirement or a delegation referred to above, this(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 commissions jurisdiction beyond the scope of that requirement or delegation. 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, unless except in accordance with one of the following:(A) As required or expressly delegated by federal law or law.(B) As expressly authorized by statute or pursuant to subdivision (c). In the event of a requirement or a delegation referred to above, this(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 commissions a departments, agencys, commissions, or political subdivisions jurisdiction beyond the scope of that requirement or delegation. exceptions in paragraph (1).(c) This section does not affect or supersede any of the following:(1) The Emergency Telephone Users Surcharge Law (Part 20 (commencing with Section 41001) of Division 2 of the Revenue and Taxation Code) and the states universal service programs (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 commissions 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 commissions authority to require data and other information pursuant to Section 716.(5) The commissions 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 commissions authority to enforce existing requirements regarding backup power systems established in Decision 10-01-026, adopted pursuant to Section 2892.1.(7) The commissions authority relative to access to support structures, including pole attachments, or to the construction 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 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 commissions 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, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
710. (a) (1) The commission shall not exercise regulatory jurisdiction or control over Voice over Internet Protocol and Internet Protocol enabled services except as in accordance with one of the following:
(A) As required or expressly delegated by federal law or law.
(B) As expressly directed to do so by statute or as set forth in subdivision (c). In the event of a requirement or a delegation referred to above, this
(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 commissions jurisdiction beyond the scope of that requirement or delegation. 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, unless except in accordance with one of the following:
(A) As required or expressly delegated by federal law or law.
(B) As expressly authorized by statute or pursuant to subdivision (c). In the event of a requirement or a delegation referred to above, this
(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 commissions a departments, agencys, commissions, or political subdivisions jurisdiction beyond the scope of that requirement or delegation. exceptions in paragraph (1).
(c) This section does not affect or supersede any of the following:
(1) The Emergency Telephone Users Surcharge Law (Part 20 (commencing with Section 41001) of Division 2 of the Revenue and Taxation Code) and the states universal service programs (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 commissions 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 commissions authority to require data and other information pursuant to Section 716.
(5) The commissions 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 commissions authority to enforce existing requirements regarding backup power systems established in Decision 10-01-026, adopted pursuant to Section 2892.1.
(7) The commissions authority relative to access to support structures, including pole attachments, or to the construction 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 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 commissions 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, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
(a)(1)The board of directors shall consist of nine voting members, appointed as follows:
(A)The Mayor of the City of San Diego shall appoint three persons, two of whom shall be subject to confirmation by the City Council of the City of San Diego. The persons appointed pursuant to this subparagraph shall be residents of the City of San Diego and not less than one shall be an elected official of the City of San Diego. For purposes of this subdivision, an elected official of the City of San Diego means the Mayor or a member of the City Council of the City of San Diego.
(B)The Chair of the Board of Supervisors of the County of San Diego shall appoint two persons, subject to confirmation by the Board of Supervisors of the County of San Diego. The persons appointed pursuant to this subparagraph shall be residents of the County of San Diego and not less than one shall be a member of the Board of Supervisors of the County of San Diego.
(C)At a public meeting, the mayors of the east county cities shall appoint one person pursuant to a majority vote of the mayors of the east county cities. The person appointed pursuant to this subparagraph shall be a member of a city council of one of the east county cities or another resident of one of the east county cities.
(D)At a public meeting, the mayors of the north county coastal cities shall appoint one person pursuant to a majority vote of the mayors of the north county coastal cities. The person appointed pursuant to this subparagraph shall be a member of a city council of one of the north county coastal cities or another resident of one of the north county coastal cities.
(E)At a public meeting, the mayors of the north county inland cities shall appoint one person pursuant to a majority vote of the mayors of the north county inland cities. The person appointed pursuant to this subparagraph shall be a member of a city council of one of the north county inland cities or another resident of one of the north county inland cities.
(F)At a public meeting, the mayors of the south county cities shall appoint one person pursuant to a majority vote of the mayors of the south county cities. The person appointed pursuant to this subparagraph shall be a member of a city council of one of the south county cities or another resident of one of the south county cities.
(2)Public meetings convened pursuant to subparagraphs (C) to (F), inclusive, of paragraph (1) shall be publicly noticed by the authority and by each of the cities whose mayor is eligible to participate in the meeting. These meetings are subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) and shall be conducted by the authority clerk who shall record the minutes of the meeting.
(3)The authority may issue guidance to cities concerning the appointment process.
(b)The following persons shall be nonvoting, noncompensated, ex officio members of the board of directors, appointed by the Governor:
(1)The District Director of the Department of Transportation for the San Diego region.
(2)The Department of Finance representative on the State Lands Commission.
(c)The board of directors may provide for additional nonvoting, noncompensated members of the board of directors, including representatives of the United States Navy and the United States Marine Corps, each of whom may appoint an alternate to serve in his or her place.
(d)The Mayor of the City of San Diego shall appoint the chair of the authority board of directors from among the nine voting members of the board of directors.