AB 41 — Telecommunications: The Digital Equity in Video Franchising Act of 2023.

Summary

The Digital Infrastructure and Video Competition Act of 2006 establishes a procedure for the Public Utilities Commission to issue state franchises for the provision of video service, defined as video programming services, cable service, or open-video system service, except any video programming provided by a commercial mobile service provider, as defined in federal law, or video programming provided as part of, and via, a service that enables users to access content, information, email, or other services offered over the public internet. The act provides that the holder of a state franchise is not a public utility as a result of providing video services and that the act does not authorize the commission to regulate the rates, terms, and conditions of video service, except as explicitly set forth in the act. The act establishes a state franchise fee to be remitted to a local entity based on the franchiseholder's gross revenues, as defined, derived from the provision of cable or video service within that jurisdiction. The act prohibits a cable operator or video service provider that has been granted a state franchise from discriminating against, or denying access to service to, any group of potential residential subscribers because of the income of the residents in the local area in which the group resides, as specified. The act limits the maximum amount of a penalty that a local entity is authorized to assess on a holder of a state franchise for a material breach of certain customer service and consumer protection standards, as specified. This bill would revise and recast the Digital Infrastructure and Video Competition Act of 2006 to, among other things, rename the act as the Digital Equity in Video Franchising Act of 2023, require the commission to conduct any hearings and issue a state franchise or a reject each application for a state franchise not more than 120 days after the commission has deemed the application complete, and extend deadlines related to the commission's review of applications for state franchises. This bill would establish a policy of the state that subscribers and potential subscribers of a state video franchiseholder should benefit from equal access, as defined, to video service within the franchise service area, and expand the prohibition on certain cable operators or video service providers from discriminating against, or denying access to service to, any group of potential residential subscribers to include denial of equal access, as specified. The bill would require the commission to enforce customer service requirements for a holder of a state franchise and would increase the maximum amount of a penalty that a local entity is authorized to assess on a holder of a state franchise for a material breach of certain customer service and consumer protection standards, as specified. 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 commission action implementing 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.

Bill Text

• Enrolled 09/12/23 - Enrolled Current pdf September 12, 2023
• Amended 09/01/23 - Amended Senate pdf September 01, 2023
• Amended 07/13/23 - Amended Senate pdf July 13, 2023
• Amended 06/29/23 - Amended Senate pdf June 29, 2023
• Amended 06/21/23 - Amended Senate pdf June 21, 2023
• Amended 05/18/23 - Amended Assembly pdf May 18, 2023
• Amended 04/26/23 - Amended Assembly pdf April 26, 2023
• Amended 04/07/23 - Amended Assembly pdf April 07, 2023
• Amended 03/14/23 - Amended Assembly pdf March 14, 2023
• Introduced 12/05/22 - Introduced pdf December 05, 2022
• AB41 View text html

Action History

1. February 01, 2024

   Consideration of Governor's veto stricken from file.

2. January 03, 2024

   Consideration of Governor's veto pending.

3. October 08, 2023

   Vetoed by Governor.

4. September 15, 2023

   Enrolled and presented to the Governor at 4 p.m.

5. September 11, 2023

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 73. Noes 1. Page 3186.).

6. September 07, 2023

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 9 pursuant to Assembly Rule 77.

7. September 07, 2023

   Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2484.).

8. September 05, 2023

   Read second time. Ordered to third reading.

9. September 01, 2023

   Read second time and amended. Ordered returned to second reading.

10. September 01, 2023

    From committee: Amend, and do pass as amended. (Ayes 5. Noes 0.) (September 1).

11. August 21, 2023

    In committee: Referred to APPR suspense file.

12. July 13, 2023

    Re-referred to Com. on APPR.

13. July 13, 2023

    Withdrawn from committee.

14. July 13, 2023

    Read second time and amended. Re-referred to Com. on JUD.

15. July 12, 2023

    From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 12. Noes 2.) (July 10).

16. June 29, 2023

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E., U. & C.

17. June 21, 2023

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E., U. & C.

18. June 14, 2023

    Referred to Coms. on E., U. & C. and JUD.

19. June 01, 2023

    In Senate. Read first time. To Com. on RLS. for assignment.

20. May 31, 2023

    Read third time. Passed. Ordered to the Senate. (Ayes 48. Noes 18. Page 1995.)

21. May 22, 2023

    Read second time. Ordered to third reading.

22. May 18, 2023

    Read second time and amended. Ordered returned to second reading.

23. May 18, 2023

    From committee: Amend, and do pass as amended. (Ayes 11. Noes 3.) (May 18).

24. May 10, 2023

    In committee: Set, first hearing. Referred to APPR. suspense file.

25. April 27, 2023

    Re-referred to Com. on APPR.

26. April 26, 2023

    Read second time and amended.

27. April 25, 2023

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 2.) (April 19).

28. April 10, 2023

    Re-referred to Com. on C. & C.

29. April 07, 2023

    From committee chair, with author's amendments: Amend, and re-refer to Com. on C. & C. Read second time and amended.

30. March 15, 2023

    Re-referred to Com. on C. & C.

31. March 14, 2023

    From committee chair, with author's amendments: Amend, and re-refer to Com. on C. & C. Read second time and amended.

32. January 26, 2023

    Referred to Com. on C. & C.

33. December 06, 2022

    From printer. May be heard in committee January 5.

34. December 05, 2022

    Read first time. To print.

Sponsors

• Holden · Primary
• Damon Connolly · Cosponsor
• Lori D. Wilson · Cosponsor

Votes

Subjects