Calif. Senators Advance Broadband Bills on Permitting, Fixed Wireless

California local governments removed opposition to a bill meant to streamline broadband infrastructure deployment, they said at a California Senate Energy, Utilities and Communications Committee meeting livestreamed Tuesday. The panel cleared AB-965 and three other broadband bills passed last month by the Assembly. One senator pushed back on AB-1065, which would explicitly authorize wireless broadband providers to get support from the California Advanced Services Fund (CASF) broadband infrastructure grant and federal funding accounts.

The committee voted 17-0 for AB-965, which would allow simultaneous processing of multiple broadband permit applications for similar project sites under a single permit and require local governments to decide applications within a reasonable time. Local government groups including the California League of Cities and Rural County Representatives of California (RCRC) had been the bill’s main opponents but became neutral with the Senate committee’s amendments. Sen. Susan Rubio (D) urged sponsor Assemblymember Juan Carillo (D) to keep talking with localities that still have concerns.

“The latest amendments taken addressed our remaining issues,” said RCRC Senior Legislative Advocate Tracy Rhine after the hearing. They “limit applicability to larger jurisdictions and [preserve] a local jurisdiction’s ability to enforce general health and safety standards.” Local governments got other big changes made when the bill was in the Assembly, she emailed. “The bill is much improved (by local government standards) since introduction.”

Carillo’s bill will reduce delays and create a more consistent permitting process throughout the state, said Rochelle Swanson, Crown Castle external affairs manager, at the hearing. "In the coming months, there will be a large increase in broadband projects,” and AB-965 will ensure quick decisions, she said. Other supporters included USTelecom, the Wireless Infrastructure Association and the state’s cable group, California Broadband and Video Association (CalBroadband). The bill will go next to the Governance and Finance Committee.

Sen. Angelique Ashby (D) can’t support AB-1065 unless it states that fixed wireless may be funded only when fiber isn’t an option, she said. The bill leaves the choice to the California Public Utilities Commission, which has scoring criteria that favors fiber, responded sponsor Assemblymember Jim Patterson (R). "The PUC has the ability and the expertise to make that distinction.” Patterson defended wireless. "Under the right conditions, fixed wireless can provide high-speed broadband connections, fast, inexpensively, efficiently" to "many of the difficult unserved areas that fiber simply can't reach."

AB-1065 also took flak from The Utility Reform Network (TURN), which favors fiber, as well as several witnesses who said they have concerns about wireless radiation. Service quality is poorer with fixed wireless compared with fiber, said TURN lobbyist Ignacio Hernandez. “We need to focus on technology that is future-proof." Choosing wireless because it’s quicker to deploy is “short-sighted,” he added. The panel voted 13-0 to send AB-1065 to the Appropriations Committee.

Committee members voted 18-0 to advance a mapping bill to Appropriations. AB-286 would require state broadband maps to identify the broadband provider and maximum speed offered at every address in the state, and allow users to submit speed tests, say how much they pay, rate their ISP and refute ISP-claimed speeds. Committee amendments to AB-286 address concerns about the validity of user-submitted data, ensuring unverified data isn't used in the rulemaking process, said author Assemblymember Jim Wood (D). CalBroadband has been opposed but felt “encouraged” by an initial reading of amendments, said Amanda Gualderama, director-legislative and regulatory advocacy.

Sen. Josh Becker (D) supported AB-286 but said he remains concerned by the accuracy of self-reported data. Wood replied that "more is better than less” for data, which currently is self-reported by ISPs. "At the end of the day, how could this be any worse?" Supporting the bill, Sen. Anna Caballero (D) said it will be important to verify user-submitted data so it may be used in rulemakings.

School boards support writing a digital equity bill of rights through AB-414, said Erika Hoffman, California School Boards Association deputy legislative director. "The digital divide has become a digital chasm for a lot of students.” Nobody testified against the bill, which would establish a state policy of equal access for broadband subscribers and prioritize state broadband investments to connect entire communities and address digital redlining. The panel voted 15-0 to advance the measure to Appropriations.