BILL NUMBER: AB 1379	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Calderon

                        FEBRUARY 21, 2003

   An act to add Article 6 (commencing with Section 2899) to Chapter
10 of Part 2 of Division 1 of the Public Utilities Code, relating to
telecommunications.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1379, as introduced, Calderon.    Telecommunications:  mobile
telephony service.
   Under existing federal law, the Federal Communications Commission
licenses and partially regulates providers of commercial mobile radio
service, including providers of cellular radiotelephone service,
broadband Personal Communications Services (PCS), and digital
Specialized Mobile Radio (SMR) services.  Under existing federal law,
no state or local government may regulate the entry of or the rates
charged by any commercial mobile service, but is generally not
prohibited from regulating the other terms and conditions of
commercial mobile radio service.  Where commercial mobile radio
services are a substitute for land line telephone exchange service
for a substantial portion of the telecommunications within a state,
commercial mobile radio service providers are not exempted by federal
law from requirements imposed by a state commission on all providers
of telecommunications services that are necessary to ensure the
universal availability of telecommunications services at affordable
rates.
   Existing law empowers the Public Utilities Commission to regulate
telecommunications services and rates, except to the extent
regulation of commercial mobile radio service is preempted by federal
regulation, of telephone corporations and to require telephone
corporations to provide customer services.
   This bill would require that providers of cellular radiotelephone
services, broadband PCS, and digital SMR, extend to new customers, a
minimum 14-day grace period after receipt of the customers' first
billing containing itemized use charges, during which the customer
may rescind the agreement, without cost or penalty, except that the
customer would be required to pay for those services used prior to
the cancellation of the agreement.  The bill would further require
that providers of cellular radiotelephone services, broadband PCS,
and digital SMR provide notice to consumers of these rights.  The
bill would except contracts where customers are not required to
purchase more than one month of service, from these requirements.
   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.  Article 6 (commencing with Section 2899) is added to
Chapter 10 of Part 2 of Division 1 of the Public Utilities Code, to
read:

      Article 6.  Mobile Telephony Services
   2899.  For purposes of this article, "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.
   2899.1.  (a) Every provider of mobile telephony services shall
without cost or penalty, extend to new service customers, a grace
period of at least 14 days after receipt of the customers' first
billing containing itemized use charges, for customers to rescind the
agreement, except that the customer shall pay for those services
used prior to the cancellation of the agreement.  Every new wireless
telecommunications services agreement shall provide reasonable notice
of this grace period and the right of the customer to rescind the
agreement pursuant to this subdivision.
   (b) This section shall not apply to contracts for mobile telephony
service where customers are not required to purchase more than one
month of service.