Amended  IN  Assembly  March 11, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2765

Introduced by Assembly Member Pellerin

February 15, 2024

An act to amend Section 2889.3 776.2 of the Public Utilities Code, relating to telecommunications.


LEGISLATIVE COUNSEL'S DIGEST


AB 2765, as amended, Pellerin. Telephone corporations: interexchange services. Telecommunications services: backup electricity: verification.
Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including telephone corporations. Existing law requires the commission, in consultation with the Office of Emergency Services, to develop and implement backup electricity rules to require providers of telecommunications service, as defined, to submit resiliency plans to maintain backup electricity for their telecommunications infrastructure sufficient to maintain telecommunications service for at least 72 hours, except as authorized. Existing law requires the commission, in developing and implementing those rules, to consider best practices, the feasibility of the rules, and stakeholder input.
This bill would require the commission, as part of a new or existing proceeding, to develop and implement rules to conduct random annual facility checks to verify that providers of telecommunications service are in compliance with those backup electricity rules. The bill would require that these rules annually require at least 12 random facility checks throughout the state that are equitably distributed by region and among providers of telecommunications service. The bill would authorize the commission to adopt rules governing fines, if any, or other remedial actions applicable to a provider of telecommunications service that is out of compliance with the backup electricity rules, other applicable backup electricity requirements, or the provider’s resiliency plan.
Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime.
Because a violation of a rule developed or adopted by the commission to implement this bill’s 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.

Existing law requires a telephone corporation, before withdrawing from the business of providing interexchange service to all of its customers or to an entire class of its customers, to provide those affected customers with a written notice containing certain information at least 30 days before the proposed transfer of those customers to another telephone corporation.

This bill would make nonsubstantive changes to that requirement.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 776.2 of the Public Utilities Code is amended to read:

776.2.
 (a) For purposes of this section, “telecommunications service” has the same meaning as defined in Section 2892.1, but does not include voice communication provided by a provider of satellite telephone service.
(b) As part of a new or existing proceeding, the commission, in consultation with the Office of Emergency Services, shall develop and implement backup electricity rules to require providers of telecommunications service to submit resiliency plans to maintain backup electricity for their telecommunications infrastructure sufficient to maintain telecommunications service for at least 72 hours, except as provided in subdivision (c).
(c) In developing and implementing backup electricity rules pursuant to subdivision (b), the commission shall consider best practices, the feasibility of the rules, and stakeholder input. In considering best practices and feasibility, the commission may authorize, in appropriate circumstances, providers of telecommunications service to maintain backup electricity for their telecommunications infrastructure sufficient to maintain telecommunications service for less than 72 hours.
(d) This section does not require the commission to modify the communications resiliency requirements adopted in commission Decision 20-07-011 (July 16, 2020), Decision Adopting Wireless Provider Resiliency Strategies, or Decision 21-02-029 (February 11, 2021), Decision Adopting Wireline Provider Resiliency Strategies.
(e) As part of a new or existing proceeding, the commission shall develop and implement rules to conduct random annual facility checks to verify that providers of telecommunications service are in compliance with the backup electricity rules developed pursuant to this section. The rules shall annually require at least 12 random facility checks throughout the state that are equitably distributed by region and among providers of telecommunications service.
(f) The commission may adopt rules governing fines, if any, or other remedial actions applicable to a provider of telecommunications service that is out of compliance with the backup electricity rules developed pursuant to this section, other applicable backup electricity requirements, or the provider’s resiliency plan.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.Section 2889.3 of the Public Utilities Code is amended to read:
2889.3.

(a)(1)Before a telephone corporation withdraws from the business of providing interexchange services to all of its customers or to an entire class of its customers, the telephone corporation or a person, firm, or corporation representing the telephone corporation shall provide those affected customers with a written notice at least 30 days before the proposed transfer of those customers to another telephone corporation. The notice shall include all of the following:

(A)A straightforward description of the proposed transfer.

(B)All applicable rates, terms, and conditions of the new service.

(C)A statement of the customer’s right to transfer to another telephone corporation.

(D)A toll-free customer service telephone number for the purpose of responding to customers’ questions.

(2)A transfer of customer services shall be effectuated without charge.

(b)Subdivision (a) does not apply when the telephone corporation has entered into a written contract with the customer and when the change in telephone corporation results in no rate increase for the customer.