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

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

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

DIVCA COMMISSION’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  Protect against cross-subsidization

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

DIVCA LOCAL ENTITY RESPONSIBILITIES Franchise fees Customer service standards  ½ of fines to Digital Divide Account CEQA review Encroachment permits Emergency alert PEG channels/support

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.

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.

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.

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

FCC Speed Tiers

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.

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.

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

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

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

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.

Questions? California Public Utilities Commission Michael Morris