BILL NUMBER: AB 1329 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 1, 2003
INTRODUCED BY Assembly Member Levine
FEBRUARY 21, 2003
An act relating to public utilities. An
act to add Section 2895.5 to the Public Utilities Code, relating to
telecommunications.
LEGISLATIVE COUNSEL'S DIGEST
AB 1329, as amended, Levine. Public Utilities Commission :
telecommunications .
Existing law establishes a Public Utilities Commission, with
powers and duties relating to public utilities, including the
authority to establish its own procedures, subject to statute and due
process, the duty to enforce provisions of law affecting public
utilities, and certain adjudicative powers.
This bill would state the intent of the Legislature to develop, in
subsequent amendments, consistent and organized processes within the
commission for its proceedings, and for its enforcement and
adjudicative functions.
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 provide that consumers of telecommunications
services have a right of disclosure, a right of choice, a right of
privacy, a right to public participation and enforcement, a right to
accurate bills and adequate remedies when bills are not accurate, a
right to be free from discrimination, and a right to safety and
security of their person and property.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares all of the
SECTION 1. Section 2895.5 is added to the Public Utilities Code,
to read:
2895.5. Consumers of telecommunications services have all of the
following rights:
(a) A right of disclosure, including the right to receive clear
and complete information about rates, charges, terms, and conditions
for available products and services, and to pay for products and
services according to the rates, charges, terms, and conditions they
have agreed to.
(b) A right of choice, including the right to select the products
and services they desire and to select the vendor of those products
and services, and to have those choices honored by the
telecommunications industry.
(c) A right of privacy, including a right to personal privacy, to
be protected from unauthorized use of their telecommunications
records and personal information, and to be free from intrusive
communications and technology.
(d) A right to public participation and enforcement, including a
right to participate in public policy proceedings, to be informed of
their rights and the agencies responsible for enforcing those rights,
and to have effective recourse if their rights are violated.
(e) A right to accurate bills and adequate remedies when bills are
not accurate, including a right to billings that accurately state
the products and services being charged, billings that enable the
consumer to understand what products and services are being charged,
and to receive fair, prompt, and courteous resolution of a
disagreement with, or question about, the appropriateness of any
charge.
(f) A right to be free from discrimination, including the right to
be treated equally to all other similarly situated consumers, free
of prejudice or disadvantage.
(g) A right to safety and security of their persons and property.
following:
(1) In 1911 California established by constitutional amendment the
Railroad Commission. In 1912, the Legislature enacted the Public
Utilities Act (Division 1 (commencing with Section 201) of the Public
Utilities Code), expanding the Railroad Commission's regulatory
authority to include natural gas, electric, telephone, and water
companies as well as railroads and marine transportation companies.
In 1946, the Railroad Commission was renamed the California Public
Utilities Commission.
(2) The Public Utilities Commission regulates privately owned
telecommunications, electric, natural gas, water, railroad, rail
transit, and passenger transportation companies. The Public
Utilities Commission is responsible for ensuring that California
public utility customers have safe, reliable public utility service
at reasonable rates, protecting customers from fraud, and promoting
the health of California's economy.
(3) In pursuing these goals, the Public Utilities Commission
establishes service standards and safety rules, and authorizes
utility rate changes. It monitors the safety of public utility and
transportation operations, and oversees markets to inhibit
anticompetitive activity.
(4) In its efforts to protect consumers, the Public Utilities
Commission prosecutes unlawful public utility marketing and billing
activities, governs business relationships between public utilities
and their affiliates, and resolves complaints by customers against
public utilities.
(5) The Public Utilities Commission implements energy efficiency
programs, low-income rates, and telecommunications services for
disabled customers. It oversees the merger and restructure of public
utility corporations, and enforces the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code) for public utility construction. The Public
Utilities Commission works with other state and federal agencies in
promoting water quality, environmental protection and safety. It
also intervenes in federal proceedings on issues that affect
California public utility rates or services.
(6) The Office of Ratepayer Advocates is an independent arm of the
Public Utilities Commission that represents consumers in Public
Utilities Commission proceedings, pursuant to statute. The Public
Utilities Commission also has a public advisor who assists the public
in participating in Public Utilities Commission proceedings, and a
unit that is charged with informally resolving consumer complaints.
(b) It is the intent of the Legislature to develop, in subsequent
amendments, consistent and organized processes within the Public
Utilities Commission for its proceedings, and for its enforcement and
adjudicative functions.