BILL ANALYSIS                                                                                                                                                                                                              1
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                SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
                               DEBRA BOWEN, CHAIRWOMAN
          

          AB 909 -  Reyes                                   Hearing Date:   
          July 8, 2003               A
          As Amended:         July 2, 2003             FISCAL       B
                                                                        
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                                      DESCRIPTION
           
           Current California telecommunications policy  calls for customers  
          to be given sufficient information to make informed choices and  
          the establishment of processes for equitable resolution of  
          billing and service problems.

           California law  , as of January 1, 2004, will require cellular  
          telephone service providers to establish a means by which  
          customers can obtain  current information  on their calling plans  
          and usage.

           This bill  finds the telecommunications industry is evolving  
          towards bundled service offerings, that customers have a right  
          to make informed decisions, and that customers can only do this  
          if they're able to determine how much they're being charged for  
          local and long-distance calling.

           This bill  requires every provider of local telephone service to  
          provide customers who buy a bundle of both local and  
          long-distance services with information showing the estimated  
          charge for local service and the estimated total monthly usage  
          for long-distance service.

           This bill  sunsets on January 1, 2007.

                                      BACKGROUND
           
          Increasingly, telecommunications companies are bundling their  
          service offerings, providing a discount to people who buy a  
          package of services.  Some of those bundled service offerings  
          include flat-rate pricing where the customer can use all the  











          phone service they want for a fixed charge.  MCI and Verizon,  
          for example, allow unlimited local and long-distance calling for  
          about $40 month.  

          These programs don't provide customers with individual call  
          detail (e.g. time of call, destination, duration), because that  
          information is arguably immaterial since the customer is paying  
          the same fee every month regardless of what time they make a  
          call, where they call, or how long they stay on a particular  
          call.  Not having to track those details and provide the  
          information to customers arguably lowers a company's costs,  
          which may be reflected in the price of the bundled plan offered  
          to customers.

          This bill deals with two separate issues, both related to  
          customer information.  The first issue is the bundling of  
          services, and whether a customer should be able to identify the  
          separate prices for the individual services.  The second issue  
          deals with flat rate pricing, and whether a customer should be  
          able to know how much of a service (e.g. how many minutes) he or  
          she is using.  

                                       COMMENTS
           
           1.Increasing The Cost At The Buffet?   Some telecommunications  
            companies assert that when they developed their  
            all-you-can-eat plans, they were priced at a specific level  
            because the companies knew their costs would be lower since  
            they didn't need to collect, process, and render bills with  
            detailed information about every telephone call.  Being forced  
            to track the minutes each customer uses so a company can  
            provide that information to any customer who requests it may  
            lead companies to increase their all-you-can-eat prices.

            This bill tries to address that issue by requiring companies  
            to make the information available only when a customer asks  
            for it, allowing flexibility in when the information is to be  
            provided, and limiting the information a customer can get to  
            the total number of minutes of used.  Furthermore, the bill  
            doesn't preclude a company from charging a separate fee to a  
            customer who wants access to this type of information.

           2.When Can I Find Out How Many Minutes I've Used?   This bill  
            requires telephone companies to provide customers who buy an  










            all-you-can-eat plan or who buy a specific number of minutes  
            for a set price to provide those customers with a breakdown of  
            the minutes used during the billing period if the customer  
            asks for it.

            For customers who buy a set number of minutes at a fixed  
            price, it's important to know the number of minutes used so  
            the customer can manage his or her calling practices and avoid  
            the high per-minute charges attached to calls made after the  
            customer uses up their pre-paid fixed price minutes.  Last  
            year, the Legislature passed and the Governor signed SB 1903  
            (O'Connell), Chapter 286, Statutes of 2002, dealing with such  
            a circumstance for wireless customers.  That measure requires  
            cellular telephone service providers to establish a means by  
            which customers can obtain  current  information on their  
            calling plans and usage after January 1, 2004.

            Since that information would be useful to a land-line customer  
            who doesn't want to be hit with higher per-minute charges once  
            they're used up the bucket of minutes they've pre-purchased,  
             the author and committee may wish to consider  expanding this  
            bill to cover that circumstance.

           3.Why Let The Sun Go Down?   This measure sunsets on January 1,  
            2007, but it's unclear why such a sunset is necessary or  
            appropriate.

           4.Related Legislation  .  AB 1379 (Calderon) delays the effective  
            date of SB 1903 from January 1, 2004 to January 1, 2005, and  
            clarifies the law to make sure it applies to roaming charges.   
            AB 1379 is scheduled to be hearing today in the Senate Energy,  
            Utilities, & Communications Committee.
                                           
                                   ASSEMBLY VOTES
           
          Assembly Floor                     (44-29)
          Assembly Appropriations Committee  (17-7)
          Assembly Utilities and Commerce Committee                       
          (8-2)

                                       POSITIONS
           
           Sponsor:
           










          Author

           Support:
           
          MCI
          Office of Ratepayer Advocates
          The Utility Reform Network

           Oppose:
           
          Verizon


          




















          Randy Chinn 
          AB 909 Analysis
          Hearing Date:  July 8, 2003