Telegraph or telephone corporations may construct lines of telegraph or telephone lines along and upon any public road or highway, along or across any of the waters or lands within this State, and may erect poles, posts, piers, or abutments for supporting the insulators, wires, and other necessary fixtures of their lines, in such manner and at such points as not to incommode the public use of the road or highway or interrupt the navigation of the waters.
Chapter 3Telegraph or Telephone Corporations
Section § 7901
This law allows telegraph and telephone companies to build their lines on public roads, highways, and over waters or land in California. They can set up the structures needed to support their lines, like poles and wires, as long as they don't disturb public use of the roads or block waterways.
telegraph lines telephone lines public road access highway construction erect poles insulators public use navigation of waters infrastructure installation supporting structures land access utilities construction state lands
Section § 7901.1
This law allows local governments to reasonably decide when, where, and how roads, highways, and waterways can be accessed, ensuring those rules are applied equally to everyone. It doesn't change any existing powers municipalities have regarding setting fees for such access.
(a)CA Public Utilities Code § 7901.1(a) It is the intent of the Legislature, consistent with Section 7901, that municipalities shall have the right to exercise reasonable control as to the time, place, and manner in which roads, highways, and waterways are accessed.
(b)CA Public Utilities Code § 7901.1(b) The control, to be reasonable, shall, at a minimum, be applied to all entities in an equivalent manner.
(c)CA Public Utilities Code § 7901.1(c) Nothing in this section shall add to or subtract from any existing
authority with respect to the imposition of fees by municipalities.
municipal control reasonable control road access highway access waterway access municipal fees local government authority equivalent application access regulations transportation infrastructure fee authority public access management
Section § 7903
This law states that if a telegraph or telephone worker misuses or benefits from private information obtained through their job, they can face serious consequences. This includes using, trading, or trying to personally gain from that information.
The consequences for such actions can include jail time, a fine of up to $10,000, or both.
Every agent, operator, or employee of any telegraph or telephone office, who in any way uses or appropriates any information derived by him from any private message passing through his hands, and addressed to any other person, or in any other manner acquired by him by reason of his trust as such agent, operator, or employee, or trades or speculates upon any such information so obtained, or in any
manner turns, or attempts to turn, the information so obtained to his own account, profit, or advantage, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by imprisonment in a county jail not exceeding one year, or by fine not exceeding ten thousand dollars ($10,000), or by both that fine and imprisonment.
telegraph office misconduct telecommunication employee misuse private message breach information speculation data privacy violation employee confidentiality breach penalties for misuse of information telecom worker legal obligations improper use of messages trust abuse by telecom employees
Section § 7904
If you work at a telegraph or telephone office in California and you purposely don't send a message you received, or delay sending it, or don't deliver a received message, you could be charged with a misdemeanor. However, this law doesn't require you to handle messages if the fees haven't been paid, or if the messages are related to treason, unlawful acts, fraud, or helping criminals escape.
Every agent, operator, or employee of any telegraph or telephone office, who wilfully refuses or neglects to send any message received at such office for transmission, or wilfully postpones the transmission of the message out of its order, or wilfully refuses or neglects to deliver any message received by telegraph or telephone, is guilty of a misdemeanor. Nothing in this section shall be construed to require any message to be received, transmitted or delivered, unless the charges thereon have been paid or tendered, nor to require the sending, receiving, or delivery of any message counseling, aiding, abetting, or encouraging treason against the Government of the United
States or of this State, or other resistance to the lawful authority, or any message calculated to further any fraudulent plan or purpose, or to instigate or encourage the perpetration of any unlawful act, or to facilitate the escape of any criminal or person accused of crime.
telegraph message refusal telephone message delay message transmission neglect misdemeanor for non-delivery message prepayment requirement unlawful message exclusion fraudulent message prohibition message aiding treason criminal communication facilitation lawful authority resistance messages
Section § 7905
This law requires the Public Utilities Commission to make rules that force telephone companies to keep detailed records. These records should note every time an employee finds a device meant for eavesdropping on their communication lines, as well as when employees think such a device is or was there, even if it's gone now.
The Public Utilities Commission shall issue regulations requiring every telephone corporation subject to its jurisdiction to maintain complete records of all instances in which its employees discover any device installed for the purpose of overhearing communications over the lines of such corporation and all instances in which such employees reasonably believe and report to the corporation their belief that such device is installed or has been installed but has since been removed.
telephone corporation eavesdropping devices employee discovery device installation communication lines record-keeping overhearing devices Public Utilities Commission employee reports telecommunications security device removal belief line spying prevention corporate compliance privacy protection regulatory requirements
Section § 7906
The Public Utilities Commission is required to check in with telephone companies to ensure they are actively protecting the privacy of phone conversations on their networks.
The Public Utilities Commission shall regularly make inquiry of every telephone corporation under its jurisdiction to determine whether or not such corporation is taking adequate steps to insure the privacy of communications over such corporation’s telephone communication system.
telephone corporation privacy protection communications privacy Public Utilities Commission phone network inquiry process adequate steps telephone communication system communication security privacy measures telephone privacy regulatory oversight telecom privacy privacy of communications telephone companies
Section § 7910
This law requires telephone companies, state franchise holders, and video providers to conduct background checks on job applicants to ensure safety and security. Background checks must also be performed on independent contractors, personal services contract hires, vendors, and their employees. These checks ensure that individuals who have access to a company’s network or equipment, or perform installation and repair, are thoroughly vetted.
Contracting entities are responsible for ensuring independent contractors and vendors have completed these checks, but telephone corporations and franchise holders do not have to manage or pay for these checks for non-employees. Individuals without a completed background check cannot enter customer premises on behalf of these companies. Exceptions are made for temporary emergency workers during natural disasters.
The law applies only to employment applications and contracts starting January 1, 2009, and is meant to safeguard networks and customer premises.
(a)CA Public Utilities Code § 7910(a) Telephone corporations, holders of a state franchise pursuant to Division 2.5 (commencing with Section 5800), and a video provider, as defined in Section 53088.1 of the Government Code, shall perform background checks of applicants for employment, according to usual business practices.
(b)CA Public Utilities Code § 7910(b) A background check equivalent to that performed by the contracting telephone corporation, a holder of a state franchise pursuant to Division 2.5 (commencing with Section 5800), and a video
provider, as defined in Section 53088.1 of the Government Code, shall also be conducted on all of the following:
(1)CA Public Utilities Code § 7910(b)(1) Persons hired by a contracting entity under a personal services contract.
(2)CA Public Utilities Code § 7910(b)(2) Independent contractors and their employees.
(3)CA Public Utilities Code § 7910(b)(3) Vendors and their employees.
(c)CA Public Utilities Code § 7910(c) Independent contractors and vendors shall certify that they have obtained the background checks required pursuant to subdivision (b), and shall make the background checks available to the contracting entity upon request.
(d)CA Public Utilities Code § 7910(d) Except as otherwise provided by contract, the telephone corporation, a holder of a state franchise pursuant to Division 2.5 (commencing with Section 5800), and a video provider, as defined in
Section 53088.1 of the Government Code, shall not be responsible for administering the background checks and shall not assume the cost of the background checks of individuals who are not applicants for employment of the contracting entity.
(e)Copy CA Public Utilities Code § 7910(e)
(1)Copy CA Public Utilities Code § 7910(e)(1) An individual shall not, on behalf of a telephone corporation, holder of a state franchise pursuant to Division 2.5 (commencing with Section 5800), or video provider, as defined in Section 53088.1 of the Government Code, enter upon the premises of any individual unless he or she has had the background check required by subdivisions (a) and (b).
(2)CA Public Utilities Code § 7910(e)(2) Subdivision (a) applies to applicants for employment for positions that would allow the applicant to have direct contact with or access to the company’s network or central office and would require the applicant to perform activities that involve the installation, service,
or repair of the company’s network or equipment.
(3)CA Public Utilities Code § 7910(e)(3) Subdivision (b) applies to any person that has direct contact with or access to the company’s network or central office and performs activities that involve the installation, service, or repair of the company’s network or equipment.
(f)CA Public Utilities Code § 7910(f) This section does not apply to temporary workers performing emergency functions to restore the network of a telephone corporation to its normal state in the event of a natural disaster or an emergency that threatens or results in the loss of service.
(g)CA Public Utilities Code § 7910(g) The provisions of this section apply only to applicants for employment who apply for employment on and after January 1, 2009, and to contracts entered into on or after January 1, 2009.
background checks telephone corporations video providers state franchise holders employment applicants independent contractors network access equipment installation service and repair temporary emergency workers vendor employees natural disaster exception certification of background checks premises entry restrictions January 1 2009 applicability
Section § 7912
If a public utility has more than 750 employees, it must report certain information annually to the commission. It must include:
(a) How many customers it has in California and what percentage they represent of its total U.S. customer base.
(b) How many of its employees are in California and what percentage they are of its total U.S. workforce.
(c) The amount of money invested in its facilities and infrastructure in California that lasts more than a year.
(d) How many Californians are employed by contractors and consultants working for the utility, as long as the utility can share this information and the workers are directly providing services to the utility.
A public utility employing more than 750 total employees shall annually report to the commission all of the following:
(a)CA Public Utilities Code § 7912(a) The number of customers served in California by the public utility.
(b)CA Public Utilities Code § 7912(b) The percentage of the public utility’s total domestic customer base that resides in California.
(c)CA Public Utilities Code § 7912(c) The number of California residents employed by the public utility, calculated on a full-time or full-time equivalent basis.
(d)CA Public Utilities Code § 7912(d) The percentage of the public utility’s total domestic workforce, calculated on a full-time or
full-time equivalent basis, that resides in California.
(e)CA Public Utilities Code § 7912(e) The capital investment in the public utility’s tangible and intangible plant which ordinarily have a service life of more than one year, including plant used by the company or others in providing public utility services, in California during the yearly reporting period.
(f)CA Public Utilities Code § 7912(f) The number of California residents employed by independent contractors and consultants hired by the public utility, calculated on a full-time or full-time equivalent basis, when the public utility has obtained this information upon requesting it from the independent contractor or consultant, and the public utility is not contractually prohibited from disclosing the information to the public. This subdivision is inapplicable to contractors and consultants that are a public utility subject to the reporting requirements of this section. This paragraph
applies only to those employees of an independent contractor or consultant that are personally providing services to the public utility, and does not apply to employees of an independent contractor or consultant not personally performing services for the public utility.
public utility employee reporting customers served domestic customer base California workforce full-time equivalent capital investment tangible and intangible assets independent contractors consultants service life infrastructure investment employment data domestic workforce reporting requirements
