BILL ANALYSIS
AB 1329
Page 1
ASSEMBLY THIRD READING
AB 1329 (Levine)
As Amended May 1, 2003
Majority vote.
UTILITIES AND COMMERCE 11-0
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|Ayes:|Reyes, Richman, Calderon, | | |
| |Diaz, Jerome Horton, La | | |
| |Malfa, La Suer, Levine, | | |
| |Nunez, Ridley-Thomas, | | |
| |Wolk | | |
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SUMMARY : Codifies six principles of consumer rights for
telecommunication services. Specifically, this bill declares
that consumers of telecommunication service have the following
rights:
1)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.
2)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.
3)A right of privacy, including a right of personal privacy, to
be protected from unauthorized use of their telecommunications
records and personal information, and to be free from
intrusive communications and technology.
4)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 of violated.
5)A right of accurate bills and adequate remedies when bills are
not accurate, including a right o billing that accurately
state the products and services being charged, billing that
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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.
6)A right to be free from discrimination, including the right to
be treated equally to all other similarly situated consumers,
free of prejudice and disadvantage.
EXISTING LAW :
1)Requires the California Public Utilities Commission (PUC) to
establish consumer protection rules for exempted
telecommunication services that include:
a) The availability of rates, terms, and conditions of
service to consumers;
b) Notices to consumers of rate increases and decreases,
changes in terms and conditions of service, and change of
ownership;
c) Identifying and eliminating unacceptable marketing
practices including, but not limited to, fraudulent
marketing practices;
d) To assure that aggrieved consumer have speedy, low-cost,
and effective avenues available to seek relief in a
reasonable time;
e) To assure consumers that their right to informational
privacy for services over which the commission has
oversight; and,
f) To assure a telephone corporation's cooperation with the
commission investigations of customer complaints.
2)Requires telephone corporations to provide customer service
standards that include:
a) Sufficient information to make informed choices among
telecommunication services and providers, which includes
information regarding the provider's identity, service
options, pricing, and terms and conditions of service;
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b) Ability to access to a live operator by dialing "0" and
making it free option;
c) Reasonable statewide service quality standards
pertaining to network technical quality, customer service,
installation, repair and billing; and,
d) Information concerning the regulatory process and how
customers can participate in that process, including the
process of resolving complaints.
3)Prohibits any public utility from prejudicing, disadvantaging,
or requiring different rates or deposit amounts from a person
based on race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, occupation,
sex, marital status or change in marital status.
4)Requires a provider of commercial mobile radio service to
develop a means to allow subscribers to obtain reasonably
current and available information, as determined by the
provider, on the subscriber's calling plan or plans and
service usage.
5)Requires each provider of commercial mobile radio service to
inform subscribers at the time service is established of the
availability of the information on their calling plan or plans
and service usage and how it can be obtained.
6)Requires that a telephone bill may only contain charges for
products or services that a subscriber has authorized.
7)Requires any person, corporation, or billing agent that
charges subscribers for products or services on a telephone
bill to include the amount being charged for each product or
service, including any taxes or surcharges, and a clear and
concise description of the service, product, or other offering
for which a charge has been imposed.
8)Requires a public utility to notify customers within 45 days
or 75 days of a proposed rate change and allows affected
customers or their representatives to testify at any hearing
of the proposed rate change.
9)Prohibits any telephone or telegraph corporation from making
available a customers personal calling patterns, credit or
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financial information, demographic or purchasing information
without first obtaining the customers consent in writing.
FISCAL EFFECT : Unknown
COMMENTS : Purpose of this bill: According to the author, this
bill will establish in code a set of basic consumer rights for
all telecommunications customers in California. The broad
policies established by this bill will act as a guideline for
the Legislature and regulatory bodies when they consider
developing future regulations for telecommunication services.
Consumer Bill of Rights Proceeding: On June 6, 2002, PUC
started an Order Instituting Rulemaking for the purpose of
creating an interim draft decision on a Consumer Bill of Rights
for all telecommunication carriers and their customers. The
interim draft decision required all telecommunications carriers
to meet certain standards, set by PUC, for disclosure, consumer
choice, privacy, public participation and enforcement, accurate
bills and redress, non-discrimination, and safety.
Currently, an Administrative Law Judge at PUC is reviewing the
interim draft decision and the commissioners are expected to
vote on a final decision within the next couple of months.
Analysis Prepared by : Daniel Kim / U. & C. / (916) 319-2083
FN: 0000927