BILL NUMBER: AB 1379 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 23, 2003
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 An act to amend Section 2890.2 of the
Public Utilities Code, and to amend Section 1 of Chapter 286 of the
Statutes of 2002, relating to telecommunications.
LEGISLATIVE COUNSEL'S DIGEST
AB 1379, as amended, Calderon. Telecommunications: mobile
telephony service.
Existing law requires a provider of commercial mobile radio
service to provide subscribers with a means by which a subscriber can
obtain reasonably current and available information on the
subscriber's calling plan or plans and service usage.
This bill would instead require a provider of mobile telephony
service to provide subscribers with a means by which a subscriber can
obtain reasonably current and available information on the
subscriber's calling plan or plans and service usage, including
roaming usage and charges.
Existing law requires each provider of commercial mobile radio
service to inform subscribers of the above information at the time
service is established.
This bill would instead require each provider of mobile telephony
service to so inform subscribers.
Existing law states the Legislature's intent that reasonably
available, current usage information be provided to all commercial
mobile radio service subscribers, taking into consideration technical
limitations that may affect reporting to a consumer, including, but
not limited to, limitations on reporting "roaming" minutes incurred
when a commercial mobile radio service subscriber is outside his or
her plan coverage area.
This bill would delete that provision.
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
SECTION 1. Section 2890.2 of the Public Utilities Code is amended
to read:
2890.2. (a) No later than January 1, 2004, a provider of
commercial mobile radio service, as defined in Section 2892,
mobile telephony services shall provide
subscribers with a means by which a subscriber can obtain reasonably
current and available information, as determined by the provider, on
the subscriber's calling plan or plans and service usage ,
including roaming usage and charges .
(b) Each provider of commercial mobile radio service
mobile telephony services shall inform
subscribers at the time service is established of the availability of
the information described in subdivision (a) and how it may be
obtained.
(c) For purposes of this section, commercial mobile radio
service shall not include any one-way paging service utilizing
facilities that are licensed by the Federal Communications
Commission, including, but not limited to, narrowband personal
communications services described in Subpart D (commencing with
Section 24.100) of Part 24 of Title 47 of the Code of Federal
Regulations, as in effect on October 1, 2001 "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 .
SEC. 2. Section 1 of the Chapter 286 of the Statutes of 2002 is
amended to read:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Commercial mobile radio Mobile
telephony service subscribers may currently be unable to
monitor their call time minutes , including roaming usage and
charges, and, as a result, they face higher rates because they
unknowingly exceed the number of minutes included under their plans.
(b) Commercial mobile radio Mobile
telephony service subscribers need reasonably accurate
information relative to their current service usage in order to
enable them to better utilize their particular calling plans.
(c) Providing commercial mobile radio
mobile telephony service subscribers with a reasonable estimate
that includes a differentiation between the types of usage covered
by their plans, such as "peak" versus "free" minutes, will enable
subscribers to make informed decisions about their
commercial mobile radio mobile telephony
service.
(d) The Legislature intends to require the provision of reasonably
available usage information by commercial mobile radio
mobile telephony service providers by January 1,
2004.
(e) Technology exists to provide commercial mobile radio
mobile telephony service subscribers with
reasonably accurate information relative to their current service
usage, including roaming usage and charges, and this type
of information can be obtained through a variety of sources,
including, but not limited to, cellular telephone providers, Internet
Web sites, and traditional telephone customer service providers,
such as 1-800 telephone numbers.
(f) The Legislature intends that reasonably available, current
usage information be provided to all commercial mobile radio service
subscribers, taking into consideration technical limitations that may
affect reporting to a consumer, including, but not limited to,
limitations on reporting "roaming" minutes incurred when a commercial
mobile radio service subscriber is outside his or her plan coverage
area. 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.