Assembly Standing Committee on Communications and Conveyance

Thank you, Madam Chair. Okay, thank you. Thank you. There are no buttons down here. I'm used to buttons anyway. Thank you, Madam Chair. And Members, first of, I'd like to acknowledge begin by acknowledging that I accept the Committee amendments. I want to thank you and chief consultant Emilio Perez for working with us on this Bill. The Committee's amendments further the goal of AB 286 by ensuring that data collected by the CPUC captures accurate and reliable information. Two years ago, I authored a Bill that was the first major step in updating California's interactive broadband map. Last year, I authored a Bill that strengthened the data that informs the state's broadband map. I'm back before this Committee with a third Bill in the same vein. Put simply, AB 286 will ensure public feedback is an available data set on our state's broadband map. Earlier in the year, this Committee heard from groups across the state that our maps need to be better. AB 286 promotes greater transparency and strengthens the voices of those struggling with the digital divide. I see a fundamental problem in the way we shape broadband policy if we're going to devote all of these resources to feedback through stakeholder outreach and public comment. Yet we don't incorporate that data in our baseline maps. Who has a better understanding of what broadband looks like at an address than the person who lives there? Opposition will cite concerns about verification, but the Committee's amendments specifically require a qualified broadband speed test from a reputable or verifiable application, and I believe, absolutely strengthen the Bill, whether it is price or speed offerings, isps opposing this Bill do not want households to have the means to challenge the broadband speeds a provider claims and an address. Crowdsourced data is quite literally a means of verifying the data that ISPs provide. I don't often quote Ronald Reagan, but here we go. "Trust, but verify." Well, we've trusted the data from isps for far too long, and it's about time we give households the tools to verify it. This Bill ensures that the speeds claimed by isps is consistent with a household's experience. I'd also like to note that the CPUC already hosts crowdsourced speed desks called via Cal speed. I will read directly from the analysis. Under this Bill, the CPUC could compile all the user generated data to create a crowdsourced data set that could be used to verify or supplement the data sets that are submitted to the CPUC by the isps. In that matter, crowdsourced data may serve to strengthen the accuracy of the state's broadband data. Overall, that seems like a pretty straightforward reason to gather this data and make it available. Here to testify in support of our Bill is Cami Pierre with common sense media, and I respectfully ask for your aye vote.

Thank you. Real quick. I think we have a quorum. Ms. Pierre, you can continue.

Thank you. Good afternoon, chair and Assembly Members. My name is Cami Pierre, state policy associate with Common Sense Media. I'd like to thank the Committee for providing the opportunity to address you and in support of AB 286. And this is on behalf of the California alliance for Digital Equity, or CADE as well. Access to the Internet is a fundamental requirement to engage in today's world. However, publicly available broadband maps fail to fully illustrate the digital divide preventing millions of Californians from receiving broadband. This is because existing providers have an incentive to overrepresent the depth and breadth of their service territory. We know Californians are not fully represented in our broadband maps today. From households in rural farmlands to mountainous forests to our urban hubs. At the FCC, the CPUC, and other states, there are important efforts underway to map the digital divide, identifying the areas where public dollars will go out to ensure access to fast, reliable, and affordable service. All of the maps rely almost entirely on information provided from Internet service providers, or isps. It is in their interest to overreport their service to maintain control over those territories, because admitting service gaps will mean another company or the local government may get funding to fill them. So AB 286 changes the status quo. Bad data produces bad maps, and that's what the CPUC and the FCC have been consistently getting from ISPs. So no longer will our broadband data and mapping efforts rely solely on ISP data, but information can be collected straight from consumers. California households will have the ability to submit speed tests, disclose how much they pay, rate their satisfaction with their provider, share maximum speeds. These are all pieces of information that at such a granular level, can address major mapping difficulties at both state and federal levels. So thank you so much for your consideration.

Thank you, Ms. Pierre. I do not have any witnesses registered in opposition, so we'll move to additional witnesses in support or opposition here in the hearing room. Please come up and name organization and position only, please.

Oraci Gonzalez on behalf of NextGen California and the California Alliance for Digital Equity in strong support of this measure. Thank you.

Latifah Alexander with the Association of California Healthcare Districts in support.

Kaylin Dean, California State Association of Counties in strong support.

Hello, Amanda Gualderama with Cal Broadband and our position is opposed unless amended and look forward to continuing working with the author and staff.

Chao Jun Liu with the Electronic Frontier Foundation in support. Thank you.

Thank you. Now we'll return to the Committee with any questions or comments. I have a motion by Assembly Member Low, second by Assembly Member Bonta. So I would like to thank the assembly member Wood for working on this. I think it's really important that we do have you use the existing FCC process for crowdsourced data, and crowdsourcing that data is really helpful for validating the provider data and potentially getting a more accurate picture of service availability. Nonetheless, the integrity of crowdsourced data should be ensured. And I really thank you for taking the amendments, and I think that's what the amendments do. We have a motion by. And so with that, I do have an ireco. Assembly Member Wood, would you like to close? zero, yes, sorry. Do you have a question? Yeah, Assembly Member Bonta.

Appreciate it, and thank the author for this legislation, as well as the prior one and the one before that. You're focused, which I love. Can you just perhaps for the Committee to define a little bit more clearly reputable or verifiable in the amends related to the service provider? Check the app that will be used to check the broadband speed.

I will admit I'm not an expert on those. I actually didn't even know until a few months ago you could actually test your own speed. A lot of ISPs actually have that built into their systems, so you can actually check it through them. So if there's a problem with that, through their own speed test programs, they might have a problem with your equipment as well. But I also believe you can do that through Cal speed with the PUC.

Yeah. From working for a tech company or having one. We were always concerned about basically our download and upload speeds, and there are like dozens of apps that actually measure that. And I don't know that they all have the kind of integrity that they need to. So I think it would be helpful to look at that or maybe further-

Further define that, and we're happy to continue with that. I know that certainly through the chair, that is the purpose of the amendments. So if we need some more specificity, we're absolutely happy to do that.

Thank you.

Thank you.

And I want to know, the FCC also has a speed check app too, so we have that as well. Any other questions, comments from Committee Members? Okay, so we have a motion by Low, second by Bonta, the motion on AB 286 by Assembly Member Wood. Ayes do pass as amended and rereferred to the Committee on Appropriations. Will the secretary please call the roll.

Boerner Horvath? Aye. Boerner Horvath Aye. Patterson? Patterson not voting. Bonta Bonta aye Davies Davies. Not voting. Garcia Garcia aye Holden. Hoover. Hoover. Not voting. Low aye. Maienschein. Papan. Papan aye. Luz Rivas. Rodriguez. Dr. Weber.

That Bill needs a few more votes. The Bill is on call. Great.

Thank you very much. Thank you Members.

Okay, committee members, we're going to adopt the rules. Do aye have a motion? Motion by Bonta, second by Davies. Secretary, please call the rule.

This is for adoption of the committee rules. [Roll Call]

The rules have been adopted. Thank you. So next item is item two, AB 4114 Reyes. So today we're hearing AB 4114 by Assembly Member Reyes related to communications Digital Equity Bill of Rights. Assemblymember Reyes, you may open.

Thank you, Madam Chair, members. First, I'd like to thank the committee and chair for their work with us on this bill and we do accept the committee's amendments. So I present to you AB 414, which would make it the principle of the state to have broadband be sufficient, reliable, affordable and ubiquitous.

It would also state that broadband provides for educational opportunities, improves quality of life, and supports economic prosperity. Covid-19 highlighted how wide the digital divide is in California and how crucial broadband infrastructure has become to modern life. Public agencies and services required a strong Internet connection to access them. We saw working class families in both urban and rural communities struggle when their children had to learn over Zoom because of a lack of affordable and reliable Internet services.

It's clear that access to reliable and affordable high speed Internet is becoming a necessity in today's day and age. AB 414 would make broadband more affordable and reliable by establishing the principle of the state to ensure digital equity for all residents of the state. It also recognizes that all residents of the state shall have access to broadband that is sufficient, reliable, affordable and ubiquitous. It's clear that broadband technologies and services are the defining trait of the digital age.

While the legislature has supported projects that are critical to bridging the digital divide, the state needs to ensure that beyond these investments, Californian's do have internet access. Digital access is a 21st century necessity and should be treated as such. Here to testify in support of this Bill today is Senator Richard Polanco. With the California Emerging Technology Fund and Jenn Galinato, former student trustee for the Los Rios Community College District.

Yes. You have 2 minutes each.

Thank you, Madam Chair and Mr. Vice Chair and Members of the Committee. My name is Richard Polanco. I'm here in support of this bill, as amended. For the past 15 years, the California Emerging Technology Fund has been fighting for digital equity and community justice. We are a statewide nonprofit. Our goal is to close digital divide. In 2005, the California Public Utilities Commission created this entity. We have been in existence since then.

CTF launched the Digital Equity Bill of Rights in 2020 and had gathered more than 5000 signatures. We are honored that majority leader Eloise Reyes is authoring this measure, as amended, so that the legislature can be the first in the state in the nation to establish such groundbreaking legislation. AB 4114 will ensure digital equity for all Californias as proposed and amended. It is the principle of the state to ensure digital equity for all residents. Broadband should be sufficient and reliable, affordable.

It should be able to provide educational opportunities and skill proficiencies. This measure before you will ensure all Californians that your vision as the legislature will be fulfilled to get everyone access to high speed internet infrastructure and connected with affordable services. On behalf of Cindy Mac Peak, the board of directors of CETF and the more than 25 organizations urge your support of this measure.

Members of the communication Conveyance Committee, thank you for your time and consideration on this important issue. My name is Jenn Galinato. I had the honor of serving as the student trustee for the Los Rios Community College District and I'm a current student at Sacramento State University. Stingers up. Today, I do urge that you support Assembly Bill 414, the Digital Equity Bill of Rights. As a student, I've been personally and directly impacted by the digital divide.

I too have fully struggled and had full access, or I'm sorry, I too struggled to fully access the internet during my time in community college and also now as a transfer student at Sacramento State University. The Covid-19 pandemic has really highlighted the importance of reliable Internet access and the struggles that not just students like myself, but families have faced while lacking in this access.

We've heard of these stories of students sitting in fast food restaurants, parking lots, trying to access internet to complete coursework when the whole world shut down. What less has seen and is now more fully understood now these days, is that many of my fellow students, family members, and friends had slowly begun to drop out of college during the pandemic. One of the main reasons for them dropping out was that they could not keep up with the classes and the online environment.

Because this was all digitally done, this delayed and even deferred their educational dreams and future economic opportunities. As a person who was formally elected on the behalf of students from my community college district and hopes to also doing the same at the CSU level, I've been deeply involved in these efforts to ensuring that digitally disadvantaged students and communities have the support for digital equity as that being done through Assembly Bill 414.

Students and families know the internet access is an essential service and that everyone needs it for daily living, educational achievement and public safety. Today you can't even enroll in a class without these public services, without internet access. So therefore, I ask again that you support this bill and that you vote yes. Thank you for your time and consideration.

Marvin Pineda on behalf of La Cooperativa Campesina, the Farmworks Institute of Education and Leadership Development, and because there's no calling number, I've been given permission to provide a meeting support of the California Human Development Proteas Center for Employment Training, First Aid Foundation and Los Amigos De La Comida. Thank you.

Thank you. We don't have any witnesses registered in opposition, so we'll move to additional witnesses and support our opposition here in the hearing room. Name, organization and position only. Thank you.

Hello. Amanda Gualderama with Cal Broadband. We had an opposed position on this bill, but with the amendments we understand they might alleviate our concerns and look forward to reviewing those amendments and connecting with the author.

Good afternoon. Kim Lewis representing scenic in support of the bill. Thank you.

Good afternoon. Yolanda Benson with US Telecom, the Broadband Association, very much in line with Cal Broadband. We're looking at the amendments and we thank you for taking the amendments and we'll be reviewing them and could be going neutral. Thank you.

Good afternoon. Ignacio Hernandez, on behalf of TURN, we have a supportive amended position. We've made some suggestions to make the bill even, I think, even more effective and look forward to continuing the work with the office and thank the author and her staff for the time that we've taken.

Thank you. Now we'll return to the committee for questions or comments. Assemblymember Rodriguez, thank you.

I just want to thank Assembly Member Reyes for bringing this bill forward. Very important. I know we talk about digital equity across the board, but I'm going to really hit regarding the emergency portion of it that no matter where you are in the state, that we have that Internet access across the board, especially for first responders. I always advocate that California is a disaster prone state. Things are happening more than ever across the states.

We make sure we have those Internet connection and services across the state, because not only we talk about areas where it's been an issue in our black and brown communities, but I guess we also need to talk about, once again, the emergency component of it to make sure it's across the board for all our police officers, firefighters, first responders have that connection, especially when the time is needed during a disaster. Especially in a disaster. Thank you. Thanks. I look forward to supporting the bill.

Thank you. Any other questions or comments from committee members with that? Do I have a motion on the bill?

Second.

No, I need a motion. Do I have a motion?

Make a motion.

Move by Luz Rivas, seconded by Freddie Rodriguez. So, Assemblymember Reyes, would you like to close?

ember Reyes, would you like to close? Thank you. I'd also like to add that Cal Chamber has also withdrawn their opposition. We're very pleased with that. In the end, every Californian should have access to affordable, reliable and sufficient Internet services. So I respectfully ask for your aye vote.

Thank you Ms. Reyes, and thank you for agreeing to the amendments.

We're obviously in a challenging spot with broadband being an essential service that far too many households in California do not have access to. I'm in full agreement that we must remain committed to the principle of universal broadband access. And I appreciate you working with me on the amendments. I will be supporting this bill and I believe the right to equal access will make a big impact to protect consumers against digital discrimination. We have a motion by Luz Rivas, seconded by Rodriguez.

The motion as AB 4114 by Assembly Member Reyes is do passed as amended and rereferred to the committee on appropriations. Will the secretary please call the roll?

[Roll Call]

Members AB 414 is passed and we'll leave the roll open so that members can add on the votes right next year. Okay, today we're hearing AB 1065 by Assemblymember Jim Patterson related to communications, California Advanced Services Fund. Assemblymember Patterson, you may open.

Thank you very much. Madam Chair and members, it is becoming quite apparent as we have joined together on this Committee, that we and the state have shared goals of connecting as many households as possible with broadband internet. And to achieve this goal, the state has secured billions of dollars from the Federal Government to provide grants for broadband deployment. Now, unfortunately, hundreds of thousands of households remain unserved or underserved by broadband service because the CPUC continues to fail at meeting both state and federal timeline requirements.

So AB 1065 will allow the CPUC to meet deadlines by allowing wireless broadband service providers to apply for the grant funding. Under the right conditions, fixed wireless can provide high speed broadband connections faster, cheaper, and more efficiently than fiber. To be clear, wireless would be required to meet the same service standards as fiber optic technology. And here to testify in support of AB 16 rather 1065, is Linda Thomas with CalNet internet and phone.

Thank you, Mr. Vice Chair, Madam Chair, and distinguished members. My name is Linda Thomas, and I am the Vice President of community outreach and government affairs for CalNet, which is a California internet service provider covering much of the Central Valley and the western Sierra. And I'm here today in support of AB 1065. As we've all agreed, access to reliable broadband service has become a necessity in today's world, and it's vitally important, especially for unserved, underserved, and rural residents in California.

The 2021 Senate Bill 156 envisioned a solution to closing the digital divide with federal American Rescue Plan act funds, directing the CPUC to establish a program to utilize those funds to expeditiously connect as many households as possible with high speed broadband while adhering to the federal guidelines for such projects. Unfortunately, the Commission's final rules for their federal funding account will fail to meet those goals.

Without acceptance criteria rooted in pragmatism, the $2 billion FFA account cannot conceivably meet the goal of connecting as many unserved and underserved households as possible. Fiber optic technology is exorbitantly expensive, with highly variable costs depending on local terrain conditions. According to estimates by the NTIA, the cost to connect all unserved households in California with fiber could exceed $8.5 billion. Moreover, fiber projects typically take much longer to deploy, as they suffer from lengthy environmental approval, permitting, and construction delays. Fixed wireless can solve all of these problems.

It's much less costly to deploy on a per household basis, especially in remote areas. It is significantly quicker to deploy, both on pre construction and construction perspectives, and today's technology is capable of far exceeding the minimum performance requirements of the FFA and the US Treasury Department. In fact, equipment available off the shelf today can easily achieve the 100 megabyte per second symmetric speed requirements even several miles from a tower, and gigabyte speeds within a half a mile of a tower.

It is important to note that AB 1065 recognizes these technological capabilities and will hold fixed wireless to the exact same service standards as fiverr for approvable grant projects. Furthermore, it does not in any way suggest that the CPUC should give fixed wireless projects any preferential treatment. Rather, the intent is to instill a rational stance for the federal funding account grant project evaluations, allowing the most suitable solution to be utilized in any given area, fiber where it makes sense and fixed wireless where it is more impractical.

Next, I want to address the unfounded assertion that the CPUC cannot allow fixed wireless technology in federal funding projects due to Federal Treasury Department rules that specify how states are to administer these funds. Nowhere in these federal rules is that sentiment stated or even implied. Quoting the federal funding, treasury encouraged recipients to prioritize investments in fiber optic infrastructure wherever feasible. Note the precise wording in the federal language. Encouraged is not the same as mandated.

Prioritized does not mean exclusively select, and wherever feasible, implies a duty to reasonableness in choosing acceptable technologies. Moreover, SB 156 specifically states that the commission should fund projects that are implemented consistent with the code of federal regulations, in any conditions or guidelines applicable to these onetime federal infrastructure monies. By not allowing fixed wireless, the commission is in violation of SB 156.

Thank you so much, Ms. Thomas. I think your 4 minutes are up. Okay, thank you. We don't have any witnesses registered in opposition, so we'll move directly to additional witnesses and support our opposition here in the hearing room. Name, organization and position only, please.

Ignacio Hernandez, on behalf of TURN, I believe we're opposed. I believe we are on the analysis, but if not, let's take a look at that. But we are opposed to this bill.

With that, we'll go back to the committee. Any questions from the committee members? Comments? Okay, yeah. Assembly Member Hoover.

I just want to say thank you for bringing this bill. I think it moves us in the right direction. I think our goal should not just be implementing a particular technology, but actually connecting people with minimum speed requirements and getting as many people connected as possible. So I'll be supporting today. Thank you.

We have a motion by Davies, a second by Rodriguez. Senate Member Patterson, would you like to close?

Sure. Just to reiterate that in our previous hearings, we have heard that under the right conditions, fixed wireless provides an option where the fiber is either too expensive or can't get done, and also wireless would be required to meet the same service standards as the fiber optic technology. I think that's the heart of the bill.

It provides another arrow in the quiver to get connected in areas, particularly, if you might say, in Central California with the foothills, with agriculture stretched across long areas, things of that nature. So fixed wireless really does work in areas where it is needed and we have set the standards and the conditions and I appreciate the support and ask for your aye vote.

Thank you Mr. Patterson for bringing this bill forward. I will gladly be supporting the bill today. I firmly believe that wireless projects will be a part of achieving our vision for broadband for all. It's unfortunate that the CPUC hasn't left any room for nuance on this issue of wireless over wireline, but there certainly is nuance. The Legislature will continue to speak out on this and we must demand that progress be made on getting households connected. We have a motion by Davies, second by Rodriguez. The motion is AB 1065 by Assembly Member Jim Patterson is do pass and rerefer to the Committee on Appropriations, will secretary please call the roll.

[Roll Call]

Thank you. That bill has passed.

AB 1065 has passed and we'll leave the roll open so that members can add on their votes. Thank you Mr. Patterson. Members, we have a proposed consent calendar. Do we have a motion? I'm going to give it to Papan as the motion. And a second by whoever. Rodriguez. Second by Rodriguez. He's the permanent second. Yeah. And with that, committee secretary, please call the roll.

This is for the proposed consent calendar. We have AB 662 do pass, referred to the Committee on Appropriations. AB 988, it's a do pass as amended. AB 1061, do pass and referred to the Committee on Appropriations. AB 1102, do pass and referred to the Committee on Privacy and Consumer Protection. And AB 1461, do pass and referred to the Committee on Appropriations. [Roll Call]

The consent calendar's out. We're just going to leave it open for add ons and we're going to lift the call on AB 286.

This is for AB 286 Wood is a do pass as amended and referred to the Committee on Appropriations. [Roll Call]

That bills out. We'll leave it open for add ons.

To clarify the amendments on AB 4114. I'm going to read them out. Yeah, reading out the amendment on 4114. Just for clarification. To protect the state from potential liability arising from creating a civil right to broadband, the chair recommends changing the objective of the bill to establish the principle, not policy, of the state, that residents have access to broadband, not a right to broadband. And the chair recommends adding a definition of broadband as defined in subdivision B of section 3100 of the Civil Code.

Committee secretary, open the roll for add ons, please.

We will start with the consent. AB662. AB988. AB 1061. AB 1102 and AB 1461. [Roll Call]

Consent Calendar's out, 13-0.

AB286 Wood. [Roll Call]

AB286. Wood is out, 10-0.

For AB 414 Reyes. [Roll Call]

AB 414 is out. 11-0.

For 1065 Patterson. [Roll Call]

AB 1065 is out, 12-0. Members, this concludes the work of Assembly Committee on communications and conveyance today. We are adjourned.