BILL NUMBER: AB 1814	ENROLLED
	BILL TEXT

	PASSED THE ASSEMBLY  AUGUST 30, 2002
	PASSED THE SENATE  AUGUST 28, 2002
	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, 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 permitted by law or contract, would
require an Internet service provider to provide to each affected
customer 30 days' advance notice of proposed transfer of service to
another Internet service provider or of proposed termination of
service 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.


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 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.