BILL ANALYSIS 1
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SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
DEBRA BOWEN, CHAIRWOMAN
SB 500 - Torlakson Hearing
Date: January 15, 2002 S
As Amended: January 7, 2002 FISCAL B
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DESCRIPTION
Current law requires most retailers to both offer and provide
customers with a four-hour window during which repairs or
deliveries will be made.
Current law doesn't apply this same standard to utility and
cable television companies. Those entities can choose to tell
customers about the four-hour window either when customers call
(as most retailers are required to do) or by mailing such
information to their subscribers or ratepayers three times a
year. Utility and cable television companies are required to
provide a four-hour delivery or service window to customers upon
request.
This bill deletes the option for utilities and cable television
companies to mail customers a notification of the right to a
four-hour window. These companies will therefore have to tell
customers of their right to a four-hour window when the customer
calls for service.
BACKGROUND
SB 101 (Lockyer), Chapter 1075, Statutes of 1989, SB 101
(Lockyer) of 1992, and SB 47 (Lockyer), Chapter 28, Statutes of
1993 combined to generally require that customers be given a
four-hour window to expect repairmen to show up or deliveries to
be made. If the company misses the appointment, the customer
may go to small claims court and sue for lost wages, expenses
actually incurred, or other actual damages not exceeding $500.
Unforeseen or unavoidable events beyond the control of the
company are valid reasons for missing the appointment, provided
a diligent attempt is made to notify the customer beforehand and
a new two-hour window is arranged.
Current law exempts cable television companies and utilities
(electric, natural gas, water, and telecommunication companies)
from the general provision requiring retailers to offer and
provide a four-hour window. These companies have to provide the
four-hour window, but they can choose to offer it verbally when
the customer calls for service or by mail three times per year.
Pacific Bell has been required by the California Public
Utilities Commission (CPUC), as part of the resolution of a
complaint, to modify its "611" repair service to alert customers
that four-hour windows are available.
COMMENTS
It's Hard To Use A Right You Don't Know You Have . This bill
doesn't establish a cable or utility customer's right to a
four-hour window for service appointments - that right already
exists in current law. This bill simply requires these
companies to provide the notice to customers when they call in
to establish service or request repairs and deletes the option
that utilities currently have to notify customers solely via a
mailing or a bill insert.
One shortcoming with the current mail or bill insert
notification requirement is only existing customers are
notified. A new customer wouldn't know that he or she has the
right to a four-hour service window. This bill corrects that
problem.
POSITIONS
Sponsor:
Author
Support:
Consumers Union
The American Federation of State, County and State Employees,
AFL-CIO
The Utility Reform Network
Oppose:
None on file
Randy Chinn
SB 500 Analysis
Hearing Date: January 15, 2002