BILL ANALYSIS
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THIRD READING
Bill No: SB 500
Author: Torlakson (D)
Amended: 1/7/02
Vote: 21
SENATE ENERGY, U.&C. COMMITTEE : 6-0, 1/15/02
AYES: Bowen, Morrow, Alarcon, Battin, Speier, Vincent
SUBJECT : Utilities and cable television: service and
repair
SOURCE : Author
DIGEST : This bill clarifies the notification
requirements regarding a customers right to a four-hour
service or delivery window.
ANALYSIS : 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 does not 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
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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, as part of the resolution of a
complaint, to modify its "611" repair service to alert
customers that four-hour windows are available.
Comments
This bill does not 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
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notification requirement is only existing customers are
notified. A new customer would not know that he or she has
the right to a four-hour window. This bill corrects that
problem.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 1/17/02)
Attorney General Bill Lockyer
Consumers Union
American Federation of State, County and State Employees,
AFL-CIO
The Utility Reform Network (TURN)
Utility Consumers Action Network (UCAN)
Office of Ratepayers Advocate of the PUC
NC:cm 1/17/02 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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