BILL NUMBER: AB 1814	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 1, 2002
	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  , unless otherwise provided by law or contract,
 would require an Internet service provider, prior to
voluntarily exiting the business of providing Internet service
connections, to provide  45   30  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   Unless otherwise
permitted by law or contract, 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   30  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 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.