BILL NUMBER: AB 909	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 10, 2003

INTRODUCED BY   Assembly Member Reyes

                        FEBRUARY 20, 2003

   An act to add Section  2886.5   2898  to
the Public Utilities Code, relating to telecommunications.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 909, as amended, 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  .  
The Telecommunications Customer Service Act of 1993 requires the
commission to require telephone corporations to provide certain
customer services to telecommunications customers, and authorizes the
commission to require telephone corporations to provide additional
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  that every
incumbent local exchange carrier and competitive local exchange
carrier provide customers electing to purchase a service package for
both local and long-distance service, a breakdown separately showing
charges for local and long-distance services, as part of their
regular billings  .  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 
   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.   
  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) The telecommunications industry is evolving towards offering
to consumers various package options, which include local, regional,
and long-distance service.
   (b) Consumers have a right to make intelligent and informed
decisions relative to what telecommunications services they wish to
purchase.
   (c) Consumers are able to make intelligent and informed decisions
relative to what telecommunications services they wish to purchase,
only when they are able to determine how much they are being charged
for local and long distance calling.
  SEC. 2.  Section 2898 is added to the Public Utilities Code, to
read:
   2898.  Every incumbent local exchange carrier and competitive
local exchange carrier shall provide, to customers electing to
purchase any service package that includes both local and
long-distance service, a breakdown separately showing charges for
local and long-distance services, as part of their regular billings.

  SEC. 3.   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.