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Local Preemption

Calif. Lawmakers Herd Broadband Bills to Floor

California state legislators advance broadband bills, including to renew and revamp the California Advanced Services Fund (CASF) with a goal of upgrading to at least 100 Mbps downstream. Bills to preempt local governments on wireless deployment are advancing this year, after former Gov. Jerry Brown (D) vetoed a 2017 attempt (see 1710170026).

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The Senate unanimously supported a plan to require localities let fiber installers use micro-trenching unless the government shows it would hurt public health and safety. The measure (SB-378) will help close the digital divide by requiring towns to allow “cost-effective techniques” to install fiber, said Sen. Lena Gonzalez (D) at Thursday’s livestreamed 34-0 vote. It goes to the Assembly.

CASF revamp bills SB-4 and AB-14 could hit their chambers’ floors as soon as next week, after clearing their Appropriations committees in split votes at livestreamed Thursday meetings. Senate appropriators voted 5-2 for Gonzalez’s SB-4, and AB-14 by Assemblymember Cecilia Aguiar-Curry (D) passed the Assembly panel with Democrats voting yes and Republicans voting no. “I look forward to a successful Senate floor vote soon,” said Gonzalez. An amendment to SB-4 would cap CASF surcharge revenue that can be collected yearly at $100 million, vs. $150 million previously, her spokesperson said.

A bill to increase California Public Utilities Commission authority to check if state video franchisees are deploying enough broadband passed the Senate committee 7-0. The cable industry is opposed (see 2104200059), which the Media Alliance said is because the bill (SB-28) would hold those companies accountable. The committee voted 7-0 for another measure (SB-743) -- supported by cable -- to direct the CPUC to establish a grant program for broadband adoption, digital literacy programs and computer equipment at public housing communities. Senators voted 7-0 for a bill (SB-546) to extend a California LifeLine pilot program for foster youth.

Multiple measures unanimously cleared Assembly Appropriations. They included a bill (AB-955) meant to streamline California Transportation Department review of encroachment permits for broadband facilities; a measure (AB-41) to direct the California Broadband Council to identify priority areas and develop a notification system to coordinate conduit deployment among CalTrans, the CPUC and ISPs; a bill (AB-1425) to require CPUC to make $25 million in grants for public housing broadband in 2022; and a proposal (AB-1560) to authorize the state technology department to contract with an ISP for free or reduced-cost residential internet for eligible K-12 students. The committee killed a bill (AB-34) that sought a ballot vote on Nov. 8, 2022, on authorizing $10 billion in bonds for broadband, plus another (AB-1176) that would have asked the CPUC to develop and run an affordable broadband subsidy funded by a 23-cents-per-access-line monthly surcharge on telecom bills.

The Assembly panel unanimously passed Aguiar-Curry’s telehealth bill (AB-32) to keep temporary changes adopted during the pandemic (see 2105170030). Democrats supported and Republicans opposed another Aguiar-Curry bill (AB-1100) to require telcos to report equipment damage and response information to the CPUC after a fire or other disaster emergency. The committee also split by party on a bill (AB-35) requiring social media sites to say if they have a policy on spreading misinformation. Republicans didn’t vote at all on another passed social media bill (AB-587) requiring sites to post terms of service on permitted and prohibited user behavior. The panel postponed consideration until next year of a plan (AB-1060) to create a state wireless emergency alert system as a backup to local government alerts.

Nearing Assembly vote is AB-537 that would preempt local governments by adding a deemed-granted wireless remedy. A second reading Tuesday teed the bill up for a final vote in the chamber after the Appropriations Committee cleared this 14-0 Wednesday. Last week, the Senate passed another preemptive small-cells bill (SB-556) that would codify an FCC $270 cap on annual small-cell attachment rates and shorten shot clocks.

Both bills concern local governments, Best Best attorney Gail Karish said Thursday. “More shot clocks, more deemed granted remedies and more subsidies to industry at the expense of local governments with no commitments from industry.”