BILL NUMBER: SB 1903	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 19, 2002
	AMENDED IN SENATE  MAY 20, 2002
	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  by no later than
January 1, 2004,  with a means by which a subscriber can obtain
 reasonably  current  and available  information
 , as determined by the providers,  on the subscriber's
calling plan or plans and service usage.  The bill would require
 the commission to adopt regulations that become effective no
later than January 1, 2004, to implement this provision 
 providers to inform subscribers of the availability of this
information and how it may be obtained, at the time service is
established  .
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  
yes   no  . 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   may currently be  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   included under their plans
 .
   (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   plans  .
   (c) Providing commercial mobile radio service subscribers with a
reasonable estimate that includes a differentiation between the types
of  minutes covered by their plan   usage
covered by their plans  , 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  
by  commercial mobile radio service providers  that do
not currently provide that information to their subscribers.
   by January 1, 2004. 
   (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   can be obtained
through a variety of sources, including, but not limited to, 
cellular telephone providers, Internet Web sites, and traditional
telephone customer service providers, such as 1-800 telephone
 number providers   numbers  .
   (f) The Legislature intends that  reasonably available, 
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,   be provided to all commercial mobile radio
service subscribers, taking into consideration technical limitations
that may affect reporting to a consumer, including, but not limited
to, limitations on reporting  "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   No later than January 1,
2004, 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  
reasonably current and available information, as determined by the
provider,  on the subscriber's calling plan or plans and service
usage.  
   (b) The commission shall adopt regulations, as it determines to be
necessary, that become effective no later than January 1, 2004, to
implement the requirement in subdivision (a).  
   (b) Each provider of commercial mobile radio service shall inform
subscribers at the time service is established of the availability of
the information described in subdivision (a) and how it may be
obtained.