BILL NUMBER: AB 1814 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 6, 2002
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
permitted by law or contract, would require an Internet service
provider , prior to voluntarily exiting the business of
providing Internet service connections, to provide to
each affected customer 30 days' advance notice of proposed
transfer of service to another Internet service provider or of
proposed service termination of service
to each affected customer under certain conditions. The
bill and would require a transfer of service to
be without charge. The bill would also prohibit a contract from
permitting termination of service with cause without less than 30
days' notice. The bill would also preempt any local government
regulation of this subject matter , and would become
inoperative if federal law is enacted on this subject .
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) 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
shall provide those affected customers with a
written or electronic notice at least 30 days prior to the proposed
transfer of those customers to another Internet service provider or
the termination of service. The notice to affected customers
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) A contract for Internet service shall not permit termination
of service by the Internet service provider without cause with less
than 30 days' notice to the customer.
(d) This section or any provision of this section shall become
inoperative on and after the date that a federal law is enacted that
regulates notice requirements for termination of Internet service by
Internet service providers.