§ 11546.9. — 11546.9. (Added by Stats. 2022, Ch. 813, Sec. 2.)

(a)
On or before May 1, 2024, the Department of Technology, with input from relevant state agencies and relevant stakeholders, shall conduct, complete, and submit a report to the Senate Committee on Energy, Utilities and Communications and the Assembly Committee on Communications and Conveyance that reviews and identifies all of the following:
(1)
Barriers to, and opportunities for, the investment in and efficient building of broadband access points on private and government-owned structures and property, private and public lands and buildings, and public rights of way.
(2)
Barriers to, and opportunities for, access to mobile and fixed broadband internet
service infrastructure by low-income tribal, urban, and rural customers, and to underserved communities.
(b)
The report shall provide recommendations on how to accelerate deployment of broadband access points to serve tribes, low-income customers, and disadvantaged or underserved communities.
(c)
At a minimum, the report shall consider whether, and if so, the extent to which the following factors serve as barriers to investment or deployment of broadband access points and shall make recommendations on how to overcome these barriers:
(1)
The processes for and cost of obtaining electric service to broadband access points.
(2)
Processes for obtaining state, county, or local permits to deploy broadband access points.
(3)
Regulatory and legal obstacles in deploying fiber to transport broadband traffic from broadband access points.
(4)
The lack of legal limitations on the price for leasing private or public property to deploy broadband access points on public and private property and buildings.
(5)
The cost of leasing access to middle-mile broadband networks.
(6)
California Coastal Commission permitting policies.
(7)
Local coastal plans that use California Coastal Commission policies.
(8)
The permitting policies and processes to deploy on property governed by port authorities.
(9)
Air quality management district permitting requirements.
(10)
Noise abatement regulations that result in delay or block investment in, and deployment of, broadband access points.
(11)
The income of households in the area and the economic feasibility for internet service providers to deploy in areas.
(d)
For purposes of this section:
(1)
“Broadband access points” means both wireless broadband access points and wireline broadband access points.
(2)
“Relevant stakeholders” means representatives of each of the following: law enforcement agencies, public safety community, public first responder personnel and providers, wireless service and infrastructure providers and their
trade associations, cable communications providers and their trade association, wireline communications providers and their trade association, tribes, municipal government and city associations, county governments and county associations, investor-owned utilities, publicly owned utilities, organized labor, California manufacturing associations, consumer and ratepayer advocacy organizations, and technology associations.
(3)
“Relevant state agencies” means the Department of Transportation, the Public Utilities Commission, the Department of Forestry and Fire Protection, Office of Emergency Services, and the California Coastal Commission.
(4)
“Wireless broadband access points” means poles, buildings, property, towers, and base stations upon which wireless transmission and transport facilities are installed.
(5)
“Wireline
broadband access points” includes coax and fiber transport and distribution facilities and the poles, buildings, property, and structures, upon which these facilities are installed.

Legislative History

Added by Stats. 2022, Ch. 813, Sec. 2. (SB 717) Effective January 1, 2023.