Technology (Telecommunications)

Existing law establishes the Department of Technology, which is supervised by the Director of Technology, within the Government Operations Agency. Existing law requires the department, in consultation with the public, the Public Utilities Commission (PUC) , and the California Broadband Council, by January 1, 2024, to develop a state digital equity plan that includes specified elements, including the identification of barriers to digital equity faced by covered populations in this state. This bill would create the Broadband and Digital Equity Commission with specified membership, and would, on July 1, 2027, repeal the California Broadband Council and establish the members of the council as a committee of the commission, as specified. The bill would provide that each member of the commission, excluding ex officio members, receive compensation of $100 per day, but not to exceed $400 for any commission business authorized by the commission during any month, and the necessary expenses incurred by the member in the performance of the member's duties. The bill would establish the Department of Broadband and Digital Equity in the Government Operations Agency for the purpose of promoting ubiquitous and universal broadband deployment in unserved and underserved areas of the state and to increase broadband adoption throughout the state for the benefit of all Californians. The bill would, on and after July 1, 2027, declare the department to be the only centralized state department for broadband and digital equity activities within the state authorized to establish rules or regulations for broadband internet access service and internet service providers, as provided. The bill would require the commission to appoint the executive director of the department, who shall serve at the pleasure of the commission, as specified, and would authorize the executive director to appoint, with the approval of the commission, necessary staff, as provided. Existing law requires the PUC to develop, implement, and administer the California Advanced Services Fund to encourage deployment of high-quality advanced communications to all Californians, as specified. Existing law establishes the Broadband Loan Loss Reserve Fund in the State Treasury, and continuously appropriates moneys in the fund to the PUC to be available to fund costs related to the financing of the deployment of broadband infrastructure by a local governmental agency or nonprofit organization, as provided. Existing law requires the PUC to maintain and update a statewide, publicly accessible, and interactive map showing the accessibility of broadband service in the state. Existing law requires the Office of Broadband and Digital Literacy to oversee the acquisition and management of contracts for the development and construction of a statewide open-access middle-mile broadband network to provide an opportunity for last-mile providers, anchor institutions, and tribal entities to connect to, and interconnect with other networks and other appropriate connections to, the statewide open-access middle-mile broadband network to facilitate high-speed broadband service. Existing law requires the office to retain a third-party administrator to manage the development, acquisition, construction, maintenance, and operation of a statewide open-access middle-mile broadband network, as specified. Existing law requires the office, with the third-party administrator, to develop and construct a statewide open-access middle-mile broadband network that prioritizes last-mile connections to unserved and underserved areas and locations. Existing law requires the office and third-party administrator to work directly with last-mile project grant awardees to ensure that network segments, including prioritized stand-alone Department of Transportation construction projects, support last-mile connections, and requires the office and the third-party administrator, to the extent feasible, to minimize disruption due to excavations, as provided. This bill would delete the provisions described in the above paragraph. The bill would, on and after July 1, 2027, require the department to assume all administrative functions of the California Advanced Services Fund and the Broadband Loan Loss Reserve Fund, and require the department to administer and maintain the interactive map showing the accessibility of broadband service in the state and the statewide open-access middle-mile broadband network, as specified. The bill would authorize the department to perform work, at the request of the commission, that the commission deems necessary to carry out its duties and responsibilities, but requires the commission to consider the expertise and resources available to the department, and specifies that the commission is not prohibited from using the services of other public or private entities. The bill would require the commission to advise and assist the department, the agency, and the Legislature in formulating and evaluating state policies and plans for broadband and digital equity programs in the state, and would authorize the commission to participate in relevant federal government rulemakings to advocate on behalf of the department and the state's interests. The bill would require the department to report to the Legislature by July 1, 2028, and at least annually thereafter, on the activities of the department and actions taken by the commission, and would require the report to include, among other things, the number of unserved and underserved households in the state, and progress toward increasing connectivity. The bill would require the department to establish a process to enable California residents, consumer advocates, and local governments to make complaints regarding any activity that may result in digital discrimination of access.

Existing law requires the Public Utilities Commission to appoint a chief internal auditor who holds office at the pleasure of the commission. Existing law makes the chief internal auditor responsible for the oversight of the internal audit unit. Existing law requires the chief internal auditor to plan, initiate, and perform audits of key financial, management, operational, and information technology functions within the commission to improve accountability and transparency to executive and state management, and to report their findings and recommendations directly to an audit subcommittee of the commission. This bill would instead require the Governor to appoint an Inspector General, subject to Senate confirmation, to be responsible for the oversight of the internal audit unit and would instead require the Inspector General to plan, initiate, and perform audits of key financial, management, operational, and information technology functions within the commission to improve accountability and transparency to executive and state management. The bill would also require the Inspector General to ensure, among other things, that the commission administers funds and programs in a prescribed manner, fulfills mandated requirements, develops an annual audit plan, administers an effective enterprise risk management program, and monitors reporting compliance. The bill would provide for the appointment and removal of the Inspector General, as specified. The bill would authorize the Inspector General to access and examine all records, files, documents, accounts, reports, correspondence, or other property of the commission and public utilities, and would require other entities that are regulated by the commission and participate in programs administered by the commission, upon request of the Inspector General, to provide or make available to the Inspector General for examination all relevant records, files, documents, accounts, reports, correspondence, or other property pertaining to participation in those programs, as specified. The bill would require the Inspector General to report specified information to the Governor and the Legislature, as provided.