Conversion of existing overhead electric and communication facilities to underground locations: cable television corporations and cable operators.

Existing law authorizes the Department of Transportation and any person maintaining any utility facility, as defined, to enter into a contract providing for or apportioning the obligations and costs to be borne by each party as to specified removals or relocations of utility facilities. This bill would include within the definition of "utility facilities" for these purposes any pole, poleline, pipe, pipeline, conduit, cable, aqueduct, or other structure or appurtenance used to provide cable service or video service, as defined in the Digital Infrastructure and Video Competition Act of 2006. The Improvement Act of 1911 authorizes the initiation of special assessment proceedings for the conversion of overhead electric and communication facilities to underground locations upon either the filing of a petition or a determination by the local legislative body that the city or a public utility has voluntarily agreed to pay over 50% of all costs of conversion, excluding costs of users' connections to underground electric or communication facilities. Existing law authorizes an agreement entered into as part of those proceedings to allocate duties between a city and an electricity or communication provider regarding, among other things, the planning and specifications of, and contributions of labor, materials, and money to, the conversion of those electric and communication facilities to underground locations. This bill would additionally make these provisions applicable to cable television facilities and cable operators. Because this bill would create new duties for local entities, it would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.