BILL NUMBER: AB 1010	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 23, 2006
	AMENDED IN SENATE  JUNE 14, 2006
	AMENDED IN ASSEMBLY  APRIL 6, 2005

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

                        FEBRUARY 22, 2005

   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, Ruskin  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   21-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
  this right  . A customer exercising the option to
cancel within the  30-day   21-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.
   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.  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   21  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) 
    (b   )  This section shall not apply to a
month-to-month account or prepaid account.