BILL NUMBER: AB 1010	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 14, 2006
	AMENDED IN ASSEMBLY  APRIL 6, 2005

INTRODUCED BY   Assembly Member  Oropeza  
Ruskin 
    (   Coauthors:   Assembly Members 
 Koretz,   Montanez,   and Oropeza   )


                        FEBRUARY 22, 2005

    An act to amend Section 99152 of, to add Section 99152.1
to, and to repeal Section 778 of, the Public Utilities Code, relating
to transportation.   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 1010, as amended,  Oropeza   Ruskin 
 Rail transit.   Telecommunications: mobile
telephony services.    
   Under existing law, the Federal Communications Commission licenses
and partially regulates providers of commercial mobile radio
service, including providers of cellular radiotelephone service
(cellular), broadband Personal Communications Services (PCS), and
digital Specialized Mobile Radio (SMR) services (collectively, mobile
telephony service providers). Under existing law, no state or local
government may regulate the entry of, or the rates charged by, any
commercial mobile radio service, but a state or local government is
generally not prohibited from regulating the other terms and
conditions of commercial mobile radio service.     
   Existing law authorizes the Public Utilities Commission to
regulate telecommunications services and rates of telephone
corporations, except to the extent regulation of commercial mobile
radio service is preempted by federal regulation, and to require
telephone corporations to provide customer services.  Existing law
requires 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.     
   This bill would require that providers of mobile telephony 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 service quality is unsatisfactory. The
bill would require that providers of mobile telephony service extend
a minimum 30-day grace period to an existing customer who executes an
agreement for new service, renewal of service, or modification of
service, if the customer finds that the service quality is
unsatisfactory. The bill would further require that providers of
mobile telephony service provide notice to consumers of these rights.
A customer exercising the option to cancel within the 30-day grace
period would be required to pay for those services used prior to the
cancellation of the agreement. The bill would except month-to-month
accounts, as defined, and prepaid accounts, as defined, from these
requirements.   
   Existing law provides that any public transit guideway planned,
acquired, or constructed after January 1, 1979, is subject to the
regulations of the Public Utilities Commission relative to safety
appliances and procedures.  
   This bill would transfer that responsibility to the Department of
Transportation on January 1, 2007. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  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 Service

   2899.  For purposes of this article, the following terms have the
following meanings:
   (a) "Mobile telephony service" means commercially available
interconnected mobile phone service that provides access to the
public switched telephone network (PSTN) via a mobile communication
device employing radiowave technology to transmit calls, including
cellular radiotelephone, broadband Personal Communications Services
(PCS), and digital Specialized Mobile Radio (SMR). "Mobile telephony
service" does not include mobile satellite service or mobile data
service used exclusively for the delivery of nonvoice information to
a mobile device.
   (b) "Month-to-month account" means a contract for mobile telephony
service where the customer is not required to purchase more than one
month of service.
   (c) "Prepaid account" means a contract for mobile telephony
service for a specified dollar amount less than one hundred dollars
($100) that the customer pays in full prior to receiving service.
   2899.1.  (a) Every provider of mobile telephony service, without
cost or penalty, shall extend to new service customers a grace period
of at least 30 days after executing the agreement, for customers to
rescind the agreement and terminate service, if the customer finds
that the service quality is unsatisfactory, except that the customer
shall pay for those services used prior to the cancellation of the
agreement. Every new mobile telephony 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 service
quality is unsatisfactory.
   (b) Every provider of mobile telephony service, without cost or
penalty, shall extend to existing customers a grace period of at
least 30 days after executing an agreement for new service, renewal
of service, or modification of service, for customers to rescind the
agreement and terminate service, if the customer finds that the
service quality is unsatisfactory, except that the customer shall pay
for those services used prior to the cancellation of the agreement.
Every new mobile telephony service agreement with an existing
customer shall provide reasonable notice of this grace period and the
right of the customer to rescind the agreement if the customer finds
that the service quality is unsatisfactory.
   (c) This section shall not apply to a month-to-month account or
prepaid account.   
  SECTION 1.    Section 778 of the Public Utilities
Code is repealed.   
  SEC. 2.    Section 99152 of the Public Utilities
Code is amended to read:
   99152.  Any public transit guideway planned, acquired, or
constructed, on or after January 1, 1979, is subject to regulations
of the Public Utilities Commission relating to safety appliances and
procedures. However, on and after January 1, 2007, the department
shall succeed to the responsibilities of the commission in that
regard.
   The commission, until January 1, 2007, and the department, on and
after that date, shall inspect all work done on those guideways and
may make further additions or changes necessary for the purpose of
safety to employees and the general public.
   The commission, until January 1, 2007, and the department, on and
after that date, shall develop an oversight program employing safety
planning criteria, guidelines, safety standards, and safety
procedures to be met by operators in the design, construction, and
operation of those guideways. Existing industry standards shall be
used where applicable.
   The commission, until January 1, 2007, and the department, on and
after that date, shall enforce the provisions of this section.
 
  SEC. 3.    Section 99152.1 is added to the Public
Utilities Code, to read:
   99152.1.  The department shall adopt rules and regulations, which
shall become effective January 1, 2007, relating to safety appliances
and procedures for rail public transit services operated at grade
and in vehicular traffic. The rules and regulations shall include,
but not be limited to, provisions on grade crossing protection
devices, headways, and maximum operating speeds with respect to the
speed and volume of vehicular traffic within which the transit
service is operated.