Conference of California Public Utility Counsel October 5, 2009

1. Data Collection and Broadband Mapping: Presented by Michael Morris California Public Utilities Commission Conference of California Public Utility Counsel October 5, 2009

2. Digital Infrastructure and Video Competition Act (DIVCA) • Created under A.B. 2987 in 2006 • Shifts cable television franchising from cities and counties to the state • Designates the CPUC as the Video Franchising entity for the state

3. Video Franchising:Definitely Not Business as Usual • Video Franchisees are not utilities • No opportunity to protest applications • No intervener compensation • No tariffs/no regulation of rates, terms, or conditions

4. DIVCACOMMISSION’S RESPONSIBILITIES • Issue and renew 10-year state franchises • Enforce build out and nondiscrimination requirements • Holders submit data regarding households offered service (video and broadband), subscribers and demographic data annually • Annual reports to legislature and governor • http://www.cpuc.ca.gov/PUC/telco/ • Protect against cross-subsidization

5. DIVCA Franchising Process • Ministerial process • Within 30 days – determine if application is complete • If incomplete – notify applicant • Restart 30-day clock • If complete – issue franchise within 14 days or it is deemed issued • Notify affected local entities

6. DIVCALOCAL ENTITY RESPONSIBILITIES • Franchise fees • Customer service standards • ½ of fines to Digital Divide Account • CEQA review • Encroachment permits • Emergency alert • PEG channels/support

7. DIVCA - The Status of Video Competition • The number of households subscribing to video from state-issued video franchise holders and their affiliates increased 40% during 2008 to 4.6 million.

8. DIVCA - The Status of Broadband Deployment and Competition • 62% of the state’s households subscribe to wired broadband service offered by a state video franchisee or an affiliate. 14% subscribe to wireless broadband.

9. Data Collection Under DIVCA • Broadband Information: • The number of households to which the holder makes broadband available in this state by census tract. • The number of households that subscribe to that broadband by census tract (collected via Form 477 process) • Whether the broadband provided by the holder utilizes wireline-based facilities or another technology. • Video Information: • If the holder is a telephone corporation: • The number of households in the holder’s telephone service area. • The number of households in the holder’s telephone service area offered video service. • If the holder is not a telephone corporation: • The number of households in the holder’s video service area. • The number of households in the holder’s video service area offered video service. • Low-Income Household Information: • The number of low-income households in the holder’s video service area. • The number of low-income households in the holder’s video service area that are offered video service by the holder.

10. FCC’s Form 477 • Bi-annual data collection process • Collects the following from broadband providers by Census Tract: • Broadband Subscribership data • Technology Type • Speed of service • Eight bandwidth tiers of broadband ranging from 200 kbps to 100 mbps. • CPUC collects this information from Video Franchise holders

11. FCC Speed Tiers

12. State Broadband Data and Development Grant Program • NTIA released a Notice of Funds Availability (NOFA) on July 8, 2009 • Allocates $350 Million for state mapping programs • CPUC designated by Governor as the sole eligible entity in CA • Awardees must provide at least 20% non-federal matching funds.

13. State Broadband Data and Development Grant Program • The CPUC submitted an application under this program for $3.8 Million plus $500K for broadband planning. • Required to submit broadband availability data to the NTIA • Geographic area where broadband is available • Typical Speed and Technology Type • Availability at public schools, libraries, hospitals, colleges, etc.

14. State Broadband Data and Development Grant Program • CPUC sent out a Data Request on Sept. 1, 2009 to all identifiable Broadband Providers in CA • Providers are asked to submit data in one of the following ways: • Wireline Providers • Street Address, or • Census block (If no greater than 2 sq. mi.); and, • Street Segment (If Census block is greater than 2 sq. mi.) • Wireless Providers • By Shapefile showing area served; frequency

15. State Broadband Data and Development Grant Program • Broadband Providers may require the CPUC to enter into a Nondisclosure Agreement • Pursuant to the provisions of the NOFA • NTIA will get the same data, and be subject to the same nondisclosure requirements

16. State Broadband Data and Development Grant Program • CPUC will use data submitted by broadband providers to create an interactive state-level map • Interactive map will show areas within the state where broadband is available. • Searchable by address • Name of Providers • Technology type • Speed

17. Broadband Planning • CPUC has coordinated with CSU Chico to undertake the broadband planning portion of this grant program. • CSU Chico will: • Identify subscribership levels within census blocks to develop a plan to identify barriers to broadband adoption • Develop marketing and promotional material that will be utilized to promote broadband adoption and usage • Work with broadband providers to encourage high speed Internet services.

18. Questions? California Public Utilities Commission Michael Morris mmo@cpuc.ca.gov