California 2009-2010 Regular Session Status: Enacted

AB 1315 — Telecommunications: Public Utilities Commission: Federal Communications Commission: forbearance petitions.

Last action — Chaptered by Secretary of State - Chapter 358, Statutes of 2010.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 27, 2009. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

The federal Communications Act of 1934, as amended by the federal Telecommunications Act of 1996, establishes a program of cooperative federalism for the regulation of telecommunications to attain the goal of local competition, while implementing specific, predictable, and sufficient federal and state mechanisms to preserve and advance universal service, consistent with certain universal service principles. The act authorizes an incumbent local exchange carrier, as defined, to file a forbearance petition with the Federal Communications Commission (FCC) to require the FCC to forbear from applying any regulation or any provision of the act to a telecommunications carrier, as defined, or telecommunications service, as defined, in any or some of its or their geographic markets, if the FCC makes certain determinations. Under existing law, the Public Utilities Commission (PUC) has regulatory authority over public utilities, including telephone corporations, as defined. This bill would provide that if an incumbent local exchange carrier files a forbearance petition with the FCC requesting that the FCC forbear from enforcing that carrier's duty to provide to any requesting telecommunications carrier nondiscriminatory access to network elements on an unbundled basis at any technically feasible point on rates, terms, and conditions that are just, reasonable, and nondiscriminatory, within any metropolitan statistical area located in the state, the PUC would be required to participate in that forbearance proceeding by filing comments on the petition, providing data on competition in the metropolitan statistical area that is the subject of the petition, and taking any other action that advances the state's policies promoting competition in telecommunications markets. The bill would require the PUC to develop a sample data request for collecting data on competition in any California metropolitan statistical area, and would require all providers of voice communications services, as specified, to provide all data and other information relevant to the forbearance petition requested by the PUC. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the PUC is a crime. Because the provisions of this bill are within the act and certain of the bill's provisions require action by the PUC to implement, a violation of these provisions would impose a state-mandated local program by creating a new crime. 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

Action History

  1. Chaptered by Secretary of State - Chapter 358, Statutes of 2010.

  2. Approved by the Governor.

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

  4. Senate amendments concurred in. To enrollment. (Ayes 77. Noes 0. Page 6722.)

  5. From committee: With recommendation: That Senate amendments be concurred in. (Ayes 10. Noes 0.) (August 25).

  6. Joint Rule 62(a), file notice suspended. (Page 6557.)

  7. Re-referred to Com. on U. & C. pursuant to Assembly Rule 77.2.

  8. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 20 pursuant to Assembly Rule 77.

  9. Read third time, passed, and to Assembly. (Ayes 34. Noes 0. Page 4583.)

  10. Read second time. To third reading.

  11. Read third time, amended. To second reading.

  12. Read second time. To third reading.

  13. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  14. Withdrawn from committee. Re-referred to Com. on APPR.

  15. In committee: Hearing postponed by committee.

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

  17. From committee: Amend, do pass as amended, and re-refer to Com. on JUD. (Ayes 10. Noes 0.) (June 29).

  18. 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.

  19. In committee: Set, first hearing. Hearing canceled at the request of author.

  20. In committee: Hearing postponed by committee.

  21. In committee: Hearing postponed by committee.

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

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

  24. Read third time, passed, and to Senate. (Ayes 43. Noes 27. Page 1993.)

  25. Read second time. To third reading.

  26. From committee: Do pass. (Ayes 11. Noes 4.) (May 20).

  27. Re-referred to Com. on APPR.

  28. Read second time and amended.

  29. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 10. Noes 4.) (April 27).

  30. Referred to Com. on U. & C.

  31. Read first time.

  32. From printer. May be heard in committee March 30.

  33. Introduced. To print.

Sponsors

  • Fuentes · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Fuentes

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 89 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 83001
Republican 3000
Democratic 3000
Total 89001
% of votes cast 99%0%0%1%
How each member voted (90)
Member Party Vote
Hagman — Yea
Leon — Yea
Yamada — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Bill — Yea
Tom — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Bass — Yea
Beall — Yea
Cook — Yea
Evans — Yea
Feuer — Yea
Fuller — Yea
Furutani — Yea
Garrick — Yea
Gilmore — Yea
Hall — Yea
Harkey — Yea
Hayashi — Yea
Huber — Yea
Huffman — Yea
Jeffries — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Nestande — Yea
Norby — Not Voting
Ruskin — Yea
Silva — Yea
Skinner — Yea
Smyth — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Adams — Yea
Ammiano — Yea
Anderson — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Hill — Yea
Knight — Yea
Lieu — Yea
Ma — Yea
Nielsen — Yea
Torlakson — Yea
Tran — Yea
Coto — Yea
Eng — Yea
Davis — Yea
DeVore — Yea
Fuentes — Yea
Galgiani — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 11 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 11005
Total 11005
% of votes cast 69%0%0%31%
How each member voted (16)
Member Party Vote
Carter — Yea
Fuentes — Yea
Fuller — Yea
Tom — Yea
Knight — Yea
Fong — Yea
Fletcher — Not Voting
Skinner — Not Voting
Swanson — Not Voting
Bradford — Yea
Buchanan — Not Voting
Huffman — Yea
Ma — Yea
Villines — Not Voting
Furutani — Yea
Bill Berryhill — Yea

Official roll call →

Passed 35 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 32004
Democratic 2000
Republican 1000
Total 35004
% of votes cast 90%0%0%10%
How each member voted (39)
Member Party Vote
Yee — Yea
Cedillo — Yea
Cogdill — Yea
Florez — Yea
Hancock — Yea
Harman — Yea
Huff — Yea
Leno — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Liu — Yea
Corbett — Not Voting
Ducheny — Yea
McLeod — Yea
Oropeza — Not Voting
Pavley — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Not Voting
Wolk — Yea
Dutton — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Ashburn — Yea
Hollingsworth — Yea
Kehoe — Yea
Price — Yea
Walters — Not Voting
Wyland — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Republican 1000
Democratic 1000
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Lowenthal — Yea
Corbett — Yea
Dutton — Yea
Wright — Yea
Kehoe — Yea
Simitian — Yea
Cox — Not Voting
DeSaulnier — Yea
Florez — Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 51 Yea · 29 Nay · 12 Other
Party YeaNayPresentNot Voting
Unaffiliated 4927010
Democratic 1002
Republican 1200
Total 5129012
% of votes cast 55%32%0%13%
How each member voted (92)
Member Party Vote
La — Yea
Carter — Yea
Chesbro — Yea
De — Yea
Beall — Yea
Torre — Yea
De — Yea
Leon — Yea
Yamada — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Salas — Yea
Saldana — Yea
Conway — Nay
Cook — Nay
DeVore — Nay
Tom — Nay
Eng — Yea
Feuer — Yea
Fuentes — Yea
Fletcher — Nay
Audra — Nay
Bill — Not Voting
Fuller — Nay
Galgiani — Yea
Charles — Not Voting
Anderson — Nay
Block — Not Voting
Garrick — Nay
Hagman — Nay
Hall — Yea
Hayashi — Yea
Hernandez — Yea
Huber — Yea
Huffman — Yea
Knight — Nay
Lieu — Yea
Mendoza — Yea
Miller — Nay
Monning — Yea
Nestande — Nay
Ruskin — Yea
Silva — Nay
Smyth — Nay
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Nay
Portantino — Not Voting
Davis — Not Voting
Price — Not Voting
Solorio — Not Voting
Adams — Nay
Ammiano — Yea
Bass — Yea
Blakeslee — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Not Voting
Harkey — Nay
Hill — Yea
Jeffries — Nay
Krekorian — Not Voting
Logue — Nay
Ma — Yea
Nava — Yea
Nielsen — Nay
Skinner — Yea
Torlakson — Yea
Tran — Nay
Emmerson — Nay
Coto — Yea
Evans — Yea
Duvall — Nay
Furutani — Yea
Gilmore — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Not Voting
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 15 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 14401
Democratic 1000
Republican 0100
Total 15501
% of votes cast 71%24%0%5%
How each member voted (21)
Member Party Vote
Hall — Yea
Charles — Yea
Fuentes — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Nay
Harkey — Nay
Duvall — Nay
Price — Yea
Solorio — Yea
Ammiano — Yea
Miller — Not Voting
Nielsen — Nay
Skinner — Yea
Torlakson — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Passed 10 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 9501
Democratic 1000
Total 10501
% of votes cast 63%31%0%6%
How each member voted (16)
Member Party Vote
Carter — Yea
Fuller — Nay
Furutani — Yea
Tom — Nay
Berryhill — Nay
Krekorian — Yea
Duvall — Nay
Skinner — Yea
Smyth — Nay
Blakeslee — Yea
Buchanan — Not Voting
Huffman — Yea
Swanson — Yea
Torrico — Yea
Fuentes — Yea
Fong, Mike Democratic Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 1315 do?
The federal Communications Act of 1934, as amended by the federal Telecommunications Act of 1996, establishes a program of cooperative federalism for the regulation of telecommunications to attain the goal of local competition, while implementing specific, predictable, and sufficient federal and state mechanisms to preserve and advance universal service, consistent with certain universal service principles. The act authorizes an incumbent local exchange carrier, as defined, to file a forbearance petition with the Federal Communications Commission (FCC) to require the FCC to forbear from applying any regulation or any provision of the act to a telecommunications carrier, as defined, or telecommunications service, as defined, in any or some of its or their geographic markets, if the FCC makes certain determinations. Under existing law, the Public Utilities Commission (PUC) has regulatory authority over public utilities, including telephone corporations, as defined. This bill would provide that if an incumbent local exchange carrier files a forbearance petition with the FCC requesting that the FCC forbear from enforcing that carrier's duty to provide to any requesting telecommunications carrier nondiscriminatory access to network elements on an unbundled basis at any technically feasible point on rates, terms, and conditions that are just, reasonable, and nondiscriminatory, within any metropolitan statistical area located in the state, the PUC would be required to participate in that forbearance proceeding by filing comments on the petition, providing data on competition in the metropolitan statistical area that is the subject of the petition, and taking any other action that advances the state's policies promoting competition in telecommunications markets. The bill would require the PUC to develop a sample data request for collecting data on competition in any California metropolitan statistical area, and would require all providers of voice communications services, as specified, to provide all data and other information relevant to the forbearance petition requested by the PUC. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the PUC is a crime. Because the provisions of this bill are within the act and certain of the bill's provisions require action by the PUC to implement, a violation of these provisions would impose a state-mandated local program by creating a new crime. 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.
Who sponsors AB 1315?
AB 1315 is sponsored by Fuentes.
What is the current status of AB 1315?
This bill has been enacted into law. Introduced February 27, 2009. Enacted.
Where can I track AB 1315?
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