Conference of California Public Utility Counsel
October 5, 2009
Data Collection and Broadband Mapping:
Presented by Michael MorrisCalifornia Public Utilities Commission
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
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 http://www.cpuc.ca.gov/PUC/telco/
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
DIVCALOCAL 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.
Video Subscribers by State and Local Franchise in 2007 and 2008
4,638,359
3,304,029
2,439,086
2,987,364
0
1,000,000
2,000,000
3,000,000
4,000,000
5,000,000
6,000,000
7,000,000
8,000,000
2007 2008
Ho
use
ho
lds
State Franchise Local Franchise
Source: State Franchise Holders' Annual DIVCA Data as of December 31, 2007 and 2008
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.