BILL NUMBER: AB 1814	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  FEBRUARY 28, 2002

INTRODUCED BY   Assembly Member Reyes

                        JANUARY 16, 2002

   An act to add Chapter 22 (commencing with Section 22520) to
Division 8 of the Business and Professions Code, relating to Internet
service providers.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1814, as amended, Reyes.  Internet service providers:  notice
of service termination.
   Existing law does not require an Internet service provider to
notify a customer of proposed service termination.
   This bill would require an Internet service provider to provide
 a minimum of two weeks'   45 days' advance
notice of proposed  transfer of service to another Internet
service provider or of proposed  service termination to each
 affected  customer  who maintains an account with
the provider   under certain conditions.  The bill would
require a transfer of service to be without charge  .
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Chapter 22 (commencing with Section 22520) is added to
Division 8 of the Business and Professions Code, to read:

      CHAPTER 22.  INTERNET SERVICE PROVIDERS

   22520.  An Internet service provider shall provide a minimum of
two weeks' advance notice of proposed service termination when the
termination is not initiated by the customer or the result of
nonpayment by the customer. The notice shall be provided to each
customer who maintains an account with the provider to receive
Internet access through the provider.   
   22520.  (a) (1) An Internet service provider, or any person, firm,
or corporation representing the Internet service provider, prior to
the Internet service provider exiting the business of providing
Internet connection service to all of the provider's customers or to
an entire class of the provider's customers, shall provide those
affected customers with a written notice at least 45 days prior to
the proposed transfer of those customers to another Internet service
provider or the termination of service. The notice shall include all
of the following:
   (A) A straightforward description of any proposed transfer.
   (B) All applicable rates, terms, and conditions of a proposed new
service.
   (C) A statement that the customer has the right to transfer to
another Internet service provider.
   (D) A toll-free customer service telephone number for the purpose
of responding to customers' questions.
   (2) Any transfer of customer services described in subdivision (a)
shall be effectuated without charge to the customer.
   (b) Subdivision (a) does not apply if any of the following apply:

   (1) The Internet service provider has entered into a written
contract with the customer and immediate termination is the result of
breach of contract under conditions specified in that contract or
under the acceptable use policy of the Internet service provider as
disclosed at the time that services were contracted.
   (2) The customer or a user of the customer's service is using the
provided service to communicate harassing or threatening material, as
determined by the Internet service provider.
   (3) The customer or a user of the customer's service is using an
account to send large amounts of unsolicited commercial electronic
mail.
   (4) The customer or a user of the customer's service is using the
service in violation of subdivision (c) of Section 502 of the Penal
Code.
   (5) The customer's service has been compromised and is being used
by a third party.
   (6) The customer or user of the customer's service is violating
federal or state law.