BILL NUMBER: SB 1563 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 27, 2002
AMENDED IN ASSEMBLY JUNE 18, 2002
AMENDED IN SENATE MAY 20, 2002
AMENDED IN SENATE APRIL 30, 2002
AMENDED IN SENATE APRIL 22, 2002
INTRODUCED BY Senator Polanco
FEBRUARY 20, 2002
An act to amend Section 709 of, to add Section 709.1 to,
and to add and repeal Section 709.3 of, the Public
Utilities Code, relating to telecommunications.
LEGISLATIVE COUNSEL'S DIGEST
SB 1563, as amended, Polanco. Telecommunications: services.
Existing law, the Public Utilities Act, sets forth the findings
and declarations of the Legislature regarding described policies for
telecommunications in California.
This bill would require certain consumer education practices to be
employed by telecommunication providers in the provision of
telecommunication services in this state.
Because, under existing law, a violation of the Public Utilities
Act is a crime, this bill would impose a state-mandated local program
by creating a new crime.
This bill would include within those policies, assisting in
bridging the "digital divide" by encouraging expanded access to
state-of-the-art technologies for rural, inner-city, low-income, and
disabled Californians, and encouraging fair treatment of consumers
through consumer-oriented conduct.
The bill would also require the Public Utilities Commission, not
later than April 1, 2003, to convene a proceeding to develop a plan
for encouraging the widespread availability of advanced
telecommunications infrastructure, and would require the proceeding
to encourage participation from a broad cross section of the
telecommunications industries, including those entities that the
commission does not regulate, as well as users and community
representatives. The bill would require the commission to encourage
participation by community-based organizations, including nonprofit
community technology programs, as defined, and libraries.
The bill would require the commission to submit a report to the
Governor and the Legislature no later than December 31, 2004, of its
findings and recommendations regarding the plan, that identifies
areas where telecommunications infrastructure is inadequate, assesses
the consequences of this inadequacy, and develops strategies for
encouraging the deployment of adequate investment.
The bill would provide that the provisions concerning the
commission's convening of a proceeding and the related report would
be repealed on January 1, 2005.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 709 of the Public Utilities Code is amended to
read:
709. The Legislature hereby finds and declares that the policies
for telecommunications in California are as follows:
(a) To continue our universal service commitment by assuring the
continued affordability and widespread availability of high-quality
telecommunications service to all Californians.
(b) To encourage the development and deployment of new
technologies and the equitable provision of services in a way that
efficiently meets consumer need and encourages the ubiquitous
availability of a wide choice of state-of-the-art services.
(c) To assist in bridging the "digital divide" by encouraging
expanded access to state-of-the-art technologies for rural,
inner-city, low-income, and disabled Californians.
(d) To promote economic growth, job creation, and the substantial
social benefits that will result from the rapid implementation of
advanced information and communications technologies by adequate
long-term investment in the necessary infrastructure.
(e) To promote lower prices, broader consumer choice, and
avoidance of anticompetitive conduct.
(f) To remove the barriers to open and competitive markets and
promote fair product and price competition in a way that encourages
greater efficiency, lower prices, and more consumer choice.
(g) To encourage fair treatment of consumers through provision of
sufficient information for making informed choices, establishment of
reasonable service quality standards, and establishment of processes
for equitable resolution of billing and service problems.
SEC. 2. Section 709.1 is added to the Public Utilities Code, to
read:
709.1. The following protections shall be employed by
telecommunications providers in the provision of telecommunications
services for all consumers of those services in this state:
(a) A consumer shall receive clear and complete information about
rates, terms, and conditions for available products and services, and
be charged only according to the rates, terms, and conditions to
which he or she has agreed.
(b) A consumer shall be allowed to select his or her services and
vendors, and have his or her choices respected by the
telecommunications industry.
(c) The personal privacy of a consumer shall be protected,
including, but not limited to, protection from unauthorized use of
consumer records and personal information, and maintaining the
freedom of a consumer to reject intrusive communications and
technology.
(d) A consumer shall be given maximum opportunities for
participation in public policy proceedings, be informed of his or her
rights and privileges, be provided access to information regarding
agencies enforcing those rights and privileges, and be given
effective recourse upon violation of these rights and privileges.
(e) A consumer shall be provided clear and accurate billings for
products and services that he or she authorizes, and be allowed fair,
prompt, and courteous redress for problems he or she encounters.
(f) Every consumer shall be treated equally to all other similarly
situated consumers, which shall be free of prejudice or
disadvantage.
(g) The safety and security of a consumer's person and property
shall be protected to the extent that those protections relate to the
provision of telecommunications products and services.
SEC. 3.
SEC. 2. Section 709.3 is added to the Public Utilities Code,
to read:
709.3. (a) (1) No later than April 1, 2003, the commission shall
convene a proceeding to develop a plan for encouraging the widespread
availability of advanced telecommunications infrastructure. The
proceeding shall encourage participation that includes a broad cross
section of the telecommunications industries, including those
entities that the commission does not regulate, as well as users and
community representatives. The commission shall also encourage
participation by community-based organizations, including, but not
limited to, nonprofit community technology programs and libraries,
that have demonstrated success in assisting low-income residents in
bridging the digital divide.
(2) For the purposes of this section, "nonprofit community
technology program" means a community-based nonprofit organization
that is exempt from taxation under Section 501(c)(3) of the Internal
Revenue Code and engages in diffusing technology into local
communities and training local communities that have no access to, or
have limited access to, the Internet and other technologies.
(b) The mission of the plan is to identify areas where
telecommunications infrastructure is inadequate, assess the
consequences of this inadequacy, and develop strategies for
encouraging the deployment of adequate investment.
(c) The commission shall submit a report of its findings and
recommendations to the Governor and Legislature, not later than
December 31, 2004.
(d) This section shall remain in effect only until January 1,
2005, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2005, deletes or extends
that date.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.