BILL ANALYSIS
AB 1814
Page 1
ASSEMBLY THIRD READING
AB 1814 (Reyes)
As Amended March 18, 2002
Majority vote
ECONOMIC DEVELOPMENT 8-4
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|Ayes:|Reyes, Chan, Cohn, | | |
| |Correa, Diaz, Florez, | | |
| |Liu, Oropeza | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Zettel, Ashburn, Bogh, | | |
| |Wyman | | |
| | | | |
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SUMMARY : Requires a 45-day notice by an Internet service
provider (ISP) to a customer of service termination or service
transfer to another ISP. Specifically, this bill :
1)Requires that an ISP, or any entity representing an ISP,
provide a 45-day prior written or electronic notice to a class
of customers or any affected customers of service termination
or transfer to another ISP.
2)Specifies that in the case of service transfer the notice
shall include a description of proposed transfer, rates and
conditions of new service, a statement of the customer's right
to transfer to another ISP, and a toll-free customer service
telephone number for responding to customers' questions.
3)Specifies circumstances when an ISP may terminate service
without prior notice, including breach of contract by the
customer, sending harassing or threatening material, sending
large amounts of unsolicited commercial e-mail, gaining
unauthorized access to other information networks, and
violating federal or state law.
4)Preempts local governments and agencies from enacting rules,
regulation, codes, statutes or ordinances regarding notice of
service transfer or termination.
FISCAL EFFECT : None
AB 1814
Page 2
COMMENTS : This bill extends to customers of ISPs similar
existing protections covering telephone customers.
This bill responds to the need for consumer protections in the
wake of business failures that resulted in immediate
interruptions and terminations of Internet service without prior
notice. In early December 2001, over 850,000 subscribers of an
ISP were left without Internet service with no prior notice.
Many other customers were transferred to other ISPs without
notice although those ISPs offered slower service and different
terms and conditions regarding information privacy and other
consumer protections.
Analysis Prepared by : Pedro Villegas / J., E.D. & E. / (916)
319-2090
FN: 0004247