BILL NUMBER: AB 1379	CHAPTERED
	BILL TEXT

	CHAPTER  333
	FILED WITH SECRETARY OF STATE  SEPTEMBER 8, 2003
	APPROVED BY GOVERNOR  SEPTEMBER 6, 2003
	PASSED THE ASSEMBLY  AUGUST 21, 2003
	PASSED THE SENATE  AUGUST 19, 2003
	AMENDED IN SENATE  JULY 15, 2003
	AMENDED IN SENATE  JUNE 30, 2003
	AMENDED IN ASSEMBLY  MAY 5, 2003
	AMENDED IN ASSEMBLY  APRIL 23, 2003

INTRODUCED BY   Assembly Member Calderon
   (Coauthor:  Senator Bowen)

                        FEBRUARY 21, 2003

   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, Calderon.  Telecommunications:  mobile telephony service.

   Existing law requires a provider of commercial mobile radio
service, no later than January 1, 2004, 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 require a provider of mobile telephony service to
include roaming usage and charges in that information.
   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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  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 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 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, "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 Chapter 286 of the Statutes of 2002 is
amended to read:
  Section 1.  The Legislature finds and declares all of the
following:
   (a) 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) 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 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 mobile telephony service.
   (d) The Legislature intends to require the provision of reasonably
available usage information by mobile telephony service providers by
January 1, 2004.
   (e) Technology exists to provide 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 mobile telephony 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 mobile
telephony service subscriber is outside his or her plan coverage
area.