Communications: Moore Universal Telephone Service Act and internet service providers.

Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. The Moore Universal Telephone Service Act requires the commission to annually designate a class of lifeline service necessary to meet minimum residential communications needs, including the ability to originate and receive calls and the ability to access electronic information service, to set the rates and charges for that service, to develop eligibility criteria for that service, and to assess the degree of achievement of universal service, including telephone penetration rates by income, ethnicity, and geography. Lifeline telephone service program rates are required to be set at no more than 50% of either the basic rate for measured service or the basic flat rate service, as applicable, exclusive of federally mandated end user access charges that are available to the residential subscriber. This bill would require the commission to evaluate the extent to which federal reductions in lifeline telephone service subsidies and the lack of access to reliable, affordable broadband service would result in rates limiting access to basic voice service. If the commission finds that federal reductions could result in the loss of basic voice services by increasing costs to California lifeline telephone service subscribers for those services, the bill would require the commission to adjust the state-level subsidies for those services in a manner that ensures that California lifeline telephone service subscribers retain affordable access to basic voice services, as specified. Existing law requires the commission to develop and implement performance reliability standards, for backup power systems installed on the property of residential and small commercial customers by a facilities-based provider of telephony services, with implementation dependent upon the commission determining that the benefits of the standards exceed the costs. Existing law requires the commission, in consultation with the Office of Emergency Services, to open an investigative or other appropriate proceeding to identify the need for telecommunications service systems not on the customer's premises to have backup electricity to enable telecommunications networks to function and to enable the customer to contact a public safety answering point operator during an electrical outage, to determine performance criteria for backup systems, and to determine whether specified recommended best practices for backup systems have been implemented by telecommunications service providers operating in California. If the commission determines it is in the public interest, the commission is required to develop and implement performance reliability standards. This bill would require the commission, in an existing or a new proceeding, to direct every internet service provider, to file an annual emergency operations plan containing certain information with the commission. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the provisions of this bill would be a part of the act and because a violation of an order, decision, rule, direction, demand, or requirement of the commission implementing its requirements would be a crime, the bill 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 no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as an urgency statute.