BILL NUMBER: SB 1903	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 23, 2002

INTRODUCED BY   Senator O'Connell

                        FEBRUARY 22, 2002

   An act to add Section 2890.2 to the Public Utilities Code,
relating to telecommunications.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1903, as amended, O'Connell.  Commercial mobile radio service
providers: subscriber protection.

   Existing law requires any person, corporation, or billing agent
that charges subscribers for products or services on a telephone bill
to, among other things, include in the telephone bill the amount
being charged for each product or service, including any taxes or
surcharges, and a clear and concise description of the service or
product.
   This bill would require a provider of commercial mobile radio
service, as defined, to provide subscribers with a means by which a
subscriber can obtain current information on the subscriber's calling
plan or plans and service usage.  The bill would require the
commission to adopt regulations to implement this provision.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.   The Legislature finds and declares all of the
following:
   (a) Commercial mobile radio service subscribers are currently
unable to monitor their call-time minutes and, as a result, they face
higher rates because they unknowingly exceed the number of minutes
allowed under their plan.
   (b) Commercial mobile radio service subscribers need reasonably
accurate information relative to their current service usage in order
to enable them to better utilize their particular calling plan.
   (c) Providing commercial mobile radio service subscribers with a
reasonable estimate that includes a differentiation between the types
of minutes covered by their plan, such as "peak" versus "free"
minutes, will enable subscribers to make informed decisions about
their commercial mobile radio service.
   (d) The Legislature intends to require the provision of reasonably
available usage information only from those commercial mobile radio
service providers that do not currently provide that information to
their subscribers.
   (e) Technology exists to provide commercial mobile radio service
subscribers with reasonably accurate information relative to their
current service usage, and this type of information is regularly
being made available by other providers of communications and
information services, such as cellular telephone providers, Internet
Web sites, and traditional telephone customer service providers, such
as 1-800 telephone number providers.
   (f) The Legislature intends that current usage information to be
provided to commercial mobile radio service subscribers be a
reasonable estimate of the cumulative usage during the billing cycle
as of a specific time on the prior business day, such as 5:00 p.m. on
the previous day, irrespective of the day during the billing cycle
on which that information is requested.
   (g) Notwithstanding subdivision (f), the Legislature intends that
the Public Utilities Commission take appropriate consideration, and
address, "roaming" minutes incurred when a commercial mobile radio
service subscriber is outside his or her plan coverage area, and
there is a delay in the subscriber's minutes being reported back to
the subscriber's commercial mobile radio service provider by another
provider.
  SEC. 2.   Section 2890.2 is added to the Public Utilities
Code, to read:
   2890.2.  (a) A provider of commercial mobile radio service, as
defined in Section 2892, shall provide subscribers with a means by
which a subscriber can obtain current information on the subscriber's
calling plan or plans and service usage.
   (b) The commission shall adopt regulations, as it determines to be
necessary, to implement the requirement in subdivision (a).