BILL NUMBER: AB 909	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Reyes

                        FEBRUARY 20, 2003

   An act to add Section 2886.5 to the Public Utilities Code,
relating to telecommunications.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 909, as introduced, Reyes.  Telecommunications: mobile
telephony services:  resellers.
   (1) Under existing federal law, the Federal Communications
Commission (FCC) licenses providers of commercial mobile radio
service, including providers of cellular radiotelephone service,
broadband Personal Communications Services (PCS), and digital
Specialized Mobile Radio (SMR) services.  The FCC prohibits providers
of cellular radiotelephone services, broadband PCS services, and
digital SMR from unreasonably restricting resale of their services.
   Existing law empowers the Public Utilities Commission to regulate
telecommunications services and rates of telephone corporations,
except to the extent regulation of commercial mobile radio service is
preempted by federal regulation, and to require telephone
corporations to provide customer services.
   This bill would require the Public Utilities Commission to adopt
rules to require that resellers of cellular radiotelephone services,
broadband PCS services, and digital SMR services, comply with the
service policies of the cellular radiotelephone, broadband PCS, or
digital SMR services provider.  Because violation of an order,
decision, rule, direction, demand, or requirement of the commission
is a crime under existing law, the bill would impose a state-mandated
local program by creating a new crime.
  (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.


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


  SECTION 1.  Section 2886.5 is added to the Public Utilities Code,
to read:
   2886.5.  (a) The commission shall adopt rules to require resellers
of mobile telephony services to comply with the service policies of
the mobile telephony services provider.
   (b) For purposes of this section:
   (1) "Mobile telephony services" means commercially available
interconnected mobile phone services that provide access to the
public switched telephone network (PSTN) via mobile communication
devices employing radiowave technology to transmit calls, including
cellular radiotelephone, broadband Personal Communications Services
(PCS), and digital Specialized Mobile Radio (SMR).  "Mobile telephony
services" does not include mobile satellite services or mobile data
services used exclusively for the delivery of nonvoice information to
a mobile device.
   (2) "Reseller" means a person offering mobile telephony services
for resale, including a person that purchases airtime at wholesale
rates and resells that airtime at retail prices.
  SEC. 2.  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.