AB 1315 — Telecommunications: Public Utilities Commission: Federal Communications Commission: forbearance petitions.
Last action — Chaptered by Secretary of State - Chapter 358, Statutes of 2010.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 27, 2009. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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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
- Chaptered 09/27/10 - Chaptered Current pdf September 27, 2010
- Enrolled 09/03/10 - Enrolled pdf September 03, 2010
- Amended 08/16/10 - Amended Senate pdf August 16, 2010
- Amended 08/02/10 - Amended Senate pdf August 02, 2010
- Amended 06/16/10 - Amended Senate pdf June 16, 2010
- Amended 05/05/09 - Amended Assembly pdf May 05, 2009
- Introduced 02/27/09 - Introduced pdf February 27, 2009
- AB1315 View text html
Action History
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Chaptered by Secretary of State - Chapter 358, Statutes of 2010.
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Approved by the Governor.
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Enrolled and to the Governor at 4 p.m.
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Senate amendments concurred in. To enrollment. (Ayes 77. Noes 0. Page 6722.)
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From committee: With recommendation: That Senate amendments be concurred in. (Ayes 10. Noes 0.) (August 25).
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Joint Rule 62(a), file notice suspended. (Page 6557.)
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Re-referred to Com. on U. & C. pursuant to Assembly Rule 77.2.
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In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 20 pursuant to Assembly Rule 77.
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Read third time, passed, and to Assembly. (Ayes 34. Noes 0. Page 4583.)
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Read second time. To third reading.
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Read third time, amended. To second reading.
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Read second time. To third reading.
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From committee: Be placed on second reading file pursuant to Senate Rule 28.8.
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Withdrawn from committee. Re-referred to Com. on APPR.
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In committee: Hearing postponed by committee.
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Read second time and amended. Re-referred to Com. on JUD.
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From committee: Amend, do pass as amended, and re-refer to Com. on JUD. (Ayes 10. Noes 0.) (June 29).
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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.
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In committee: Set, first hearing. Hearing canceled at the request of author.
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In committee: Hearing postponed by committee.
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In committee: Hearing postponed by committee.
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Referred to Coms. on E., U., & C. and JUD.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time, passed, and to Senate. (Ayes 43. Noes 27. Page 1993.)
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Read second time. To third reading.
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From committee: Do pass. (Ayes 11. Noes 4.) (May 20).
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Re-referred to Com. on APPR.
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Read second time and amended.
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From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 10. Noes 4.) (April 27).
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Referred to Com. on U. & C.
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Read first time.
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From printer. May be heard in committee March 30.
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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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 83 | 0 | 0 | 1 |
| Republican | 3 | 0 | 0 | 0 |
| Democratic | 3 | 0 | 0 | 0 |
| Total | 89 | 0 | 0 | 1 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 11 | 0 | 0 | 5 |
| Total | 11 | 0 | 0 | 5 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 32 | 0 | 0 | 4 |
| Democratic | 2 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 35 | 0 | 0 | 4 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 0 | 0 | 1 |
| Republican | 1 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 10 | 0 | 0 | 1 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 49 | 27 | 0 | 10 |
| Democratic | 1 | 0 | 0 | 2 |
| Republican | 1 | 2 | 0 | 0 |
| Total | 51 | 29 | 0 | 12 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 14 | 4 | 0 | 1 |
| Democratic | 1 | 0 | 0 | 0 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 15 | 5 | 0 | 1 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 9 | 5 | 0 | 1 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 10 | 5 | 0 | 1 |
| % 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 |
Subjects
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?
- Track AB 1315 free on One Click Politics — get push/email alerts when it moves.
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