BILL NUMBER: SB 128	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 10, 2003
	AMENDED IN SENATE  MARCH 10, 2003

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

                        FEBRUARY 5, 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


   SB 128, as amended, Bowen.  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 
of an unspecified number of days  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.
   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.  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.