BILL NUMBER: AB 1104	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 12, 2005

INTRODUCED BY   Assembly Member Levine

                        FEBRUARY 22, 2005

   An act to add Article 6 (commencing with Section 8290) to Chapter
7 of Division 4 of the Public Utilities Code, relating to utility
charges.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1104, as amended, Levine.  Utility charges: utility and cable
billing practices.
   Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including electrical corporations,
gas corporations, telephone corporations, and water corporations.
Existing law authorizes the commission to fix the rates and charges
for every public utility, and requires that those rates and charges
be just and reasonable. Existing law authorizes the commission, after
a hearing, to require every public utility to construct, maintain,
and operate utility facilities in a manner so as to promote and
safeguard the health and safety of its employees, customers, and the
public. Existing law additionally authorizes the commission, after a
hearing, to require every cable television corporation to construct,
maintain, and operate utility facilities in a manner so as to promote
and safeguard the health and safety of its employees, customers, and
the public.
   This bill would require that every utility  , for which the
commission has not adopted a general rule or order, or approved a
tariff, specifying the just and reasonable charges that may be made
by the utility when the customer discontinues service  ,
including electrical corporations, gas corporations, telephone
corporations, telecommunications carriers as defined under federal
law, water corporations, cable television corporations, and cable
operators as defined under federal law, cease billing a customer for
additional services within  24 hours   7
business days of receiving a request to immediately discontinue
service. The bill would require that where the customer requests that
service be discontinued  at a date specified in the future
  and provides 7 or more business days notice before the
date for discontinuance of service  , the utility cease billing
the customer for additional services as of midnight of the last day
of service.  
   This bill would authorize a customer of a cable television
corporation or cable operator (cable company) to request that cable
service be discontinued. If the customer is required to return
converters or other equipment upon cable service being discontinued,
the bill would require the cable company to schedule, within 7
business days, an appointment for the cable company to pick up the
equipment. The bill would authorize a cable company to provide the
customer with prepaid mailers or other forms of prepaid shipping
packaging for the return of any equipment in lieu of an appointment.
The customer's liability for cable service would terminate on the
effective day that cable service is discontinued, as specified. The
bill would require that certain information be given to the customer
regarding the customer's return of the equipment and the customer's
liability for charges pending that return. 
   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 8290) is added to
Chapter 7 of Division 4 of the Public Utilities Code, to read:

      Article 6.  Utility and Cable Billing Practices.

   8290.  For purposes of this article, a utility shall mean all of
the following:
   (a) An electric corporation, as defined in Section 218.
   (b) A water corporation, as defined in Section 241.
   (c) A telephone corporation, as defined in Section 234.
   (d) A telecommunications carrier, as defined in Section 153 of
Title 47 of the United States Code.
   (e) A gas corporation, as defined in Section 222.
   (f) A cable television corporation, as defined in Section 215.5.
   (g) A cable operator, as defined in Section 522 of Title 47 of the
United States Code.
   8291.  A utility , for which the commission has not adopted a
general rule or order, or approved a tariff, specifying the just and
reasonable charges that may be made by the utility when the customer
discontinues service,  shall cease billing a customer for
additional services within  24 hours   seven
business days  of receiving a request to immediately discontinue
service. Where the customer requests that service be discontinued
 at a date specified in the future   and
provides seven or more business days notice before the date for
discontinuance of service  , the utility shall cease billing the
customer for additional services as of midnight of the last day of
service.
     
   8292.  (a) A customer of a cable television corporation, as
defined in Section 215.5, or of a cable operator, as defined in
Section 522 of Title 47 of the United States Code, may request that
service from the cable television corporation or cable operator be
discontinued. If, as a condition for cable service, the customer was
supplied with converters or other equipment and the customer is
required to return the equipment upon cable service being
discontinued, the cable television corporation or cable operator
shall, within seven business days following the customer's request to
discontinue service, schedule an appointment for the cable
television corporation or cable operator or its agent to pick up any
converters or other equipment supplied to the customer by the cable
television corporation or cable operator or its agent. A cable
television corporation or cable operator or its agent may provide the
customer with prepaid mailers or other forms of prepaid shipping
packaging for the return of any converters or other equipment in lieu
of an appointment.
   (b) Upon receiving a request from a customer to discontinue cable
service, a cable television corporation or cable operator shall
advise the customer of the right to an appointment within seven
business days, for the cable television corporation or cable operator
or its agent to pick up any converters or other equipment supplied
to the customer by the cable television corporation or cable operator
or its agent. The customer shall additionally be advised of his or
her liability for charges pending the return of any converters or
other equipment. If the cable television corporation or cable
operator or its agent provides the customer with a prepaid mailer or
any other form of prepaid shipping packaging for the return of any
converters or other equipment in lieu of an appointment, the customer
shall be advised of his or her liability for charges pending the
mailing or shipping of any converters or other equipment.
   (c) The customer's liability for cable service shall terminate on
the effective day that cable service is discontinued. If, as a
condition for cable service, the customer was supplied with
converters or other equipment and the customer is required to return
the equipment upon cable service being discontinued, the
discontinuation of service is effective upon the earlier of the
following:
   (1) The day the customer returns any converters or other equipment
supplied to the customer by the cable television corporation or
cable operator or its agent.
   (2) The day of the appointment mutually scheduled between the
cable television corporation or cable operator and the customer, for
the cable television corporation or cable operator or its agent to
pick up any converters or other equipment supplied to the customer by
the cable television corporation or cable operator or its agent, if
the cable television corporation or cable operator is unable to keep
the appointment. If the cable television corporation or cable
operator is unable to keep the appointment, the customer shall be
provided with a credit in an amount equal to the current billing rate
for one month of basic service to which the customer subscribes, and
the television corporation or cable operator shall reschedule a
pickup of the customer's converters or other equipment at the
convenience of the customer.
   (3) The day of the appointment mutually scheduled between the
cable television corporation or cable operator and the customer, for
the cable television corporation or operator or its agent to pick up
any converters or other equipment supplied to the customer by the
cable television corporation or cable operator or its agent, if the
customer requests that the appointment be scheduled more than seven
days after the request by the customer to discontinue service.
   (4) The day of the appointment mutually rescheduled between the
cable television corporation or cable operator and the customer, for
the cable television corporation or cable operator or its agent to
pick up any converters or other equipment supplied to the customer by
the cable television corporation or cable operator or its agent, if
the customer requests that the appointment be rescheduled.
   (5) If the cable television corporation or cable operator or its
agent provides the customer with a prepaid mailer or any other form
of prepaid shipping packaging for the return of any converters or
other equipment, the day the customer mails or ships the converters
and equipment.
   (d) The cable television corporation or cable operator shall not
initiate any action against a customer for a failure to return any
converters or other equipment if the cable television corporation or
cable operator has failed to comply with this section.