BILL NUMBER: AB 1814	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 18, 2002
	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  , prior
to voluntarily exiting the business of providing Internet service
connections,  to provide 45 days' advance notice of proposed
transfer of service to another Internet service provider or of
proposed service termination to each affected customer under certain
conditions.  The bill would require a transfer of service to be
without charge.   The bill would also preempt any local
government regulation of this subject matter. 
   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.  (a) (1) An Internet service provider, or any person, firm,
or corporation representing the Internet service provider, prior to
the Internet service provider  voluntarily  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 
or electronic  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)   this section  shall be
effectuated without charge to the customer.
   (b)  This section supersedes and preempts all rules,
regulations, codes, statutes, or ordinances of all cities, counties,
cities and counties, municipalities, and other local agencies
regarding notice of service termination or transfer of customers by
Internet service providers.
   (c)  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.