BILL NUMBER: SB 128	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 10, 2003

INTRODUCED BY   Senator Bowen
    (Coauthors:  Senators Burton and Perata) 

                        FEBRUARY 5, 2003

    An act to add Section 2899 to the Public Utilities Code,
relating to   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


   SB 128, as amended, Bowen.   Telecommunications 
 Cellular telecommunications service  . 
   Existing law empowers the Public Utilities Commission to regulate
telecommunications services and rates of telephone corporations and
to require telephone corporations to provide customer services.
Under existing federal law, the Federal Communications Commission
licenses providers of cellular radiotelephone service.
   This bill would require that providers of cellular radiotelephone
service extend a minimum 30-day grace period to new customers during
which the customer may rescind the agreement, without cost or
penalty, if the customer finds that the cellular service quality is
unsatisfactory, 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
service provide notice to consumers of these rights.  The bill would
except commercial accounts, as defined, and contracts where
customers are not required to purchase more than one month of
service, from these requirements.  
   Existing law authorizes the Public Utilities Commission to
supervise and regulate every public utility in the state, including
telephone corporations, and to require telephone corporations to
provide customer services.
   This bill would declare the intent of the Legislature to establish
policies, in subsequent legislation, to provide consumer
telecommunications protections. 
   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.  Section 2899 is added to the Public Utilities Code, to
read:
   2899.  It is the intent of the Legislature, in subsequent
legislation, to establish policies to provide consumer
telecommunications protections.  
  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.  Cellular Telecommunications Service

   2899.  (a) Every provider of cellular radiotelephone service shall
without cost or penalty, extend to new cellular service customers, a
grace period of at least 30 days, for customers to rescind the
agreement and terminate service, if the customer finds that the
cellular service quality is unsatisfactory, except that the customer
shall pay for those services used prior to the cancellation of the
agreement.  Every new cellular radiotelephone service agreement shall
provide reasonable notice of this grace period and the right of the
customer to rescind the agreement if the customer finds that the
cellular service quality is unsatisfactory.
   (b) This section shall not apply to commercial accounts or to
contracts for cellular radiotelephone service where customers are not
required to purchase more than one month of service.  For purposes
of this section, "commercial accounts" mean any account that includes
service for five or more cellular radiotelephones.