BILL NUMBER: AB 535	AMENDED
	BILL TEXT

	AMENDED IN SENATE   JULY 8, 1999
	AMENDED IN ASSEMBLY   MAY 6, 1999
	AMENDED IN ASSEMBLY   APRIL 7, 1999

INTRODUCED BY   Assembly Member Reyes

                        FEBRUARY 18, 1999

   An act to add Section 2889.4 to the Public Utilities Code,
relating to telecommunications.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 535, as amended, Reyes.  Telecommunications:  services.
   Existing law requires telephone corporations to provide specified
customer and subscriber services.
   This bill would require a local exchange service provider that
offers  per use custom calling or enhanced features 
 and charges for pay per use features that do not require an
access code to be dialed to activate the service  to provide a
new  residential  subscriber, including an existing 
residential  customer ordering an additional line, during the
verbal service order process, with information about those features.
The bill would require the representatives of a provider to 
advise   offer  that subscriber  of the
availability of  blocking  options  for these
features  , and to inquire as to whether the subscriber would
like to block any or all of these features  .  The bill
would require a local exchange service provider that offers these
features to advise an existing  residential  subscriber who
inquires about the features, or who seeks a bill adjustment for the
inadvertent or unauthorized use of  those  per use custom
calling features, that the features can be blocked, and to inquire as
to whether the subscriber would like to block any or all of the
features.  The bill would require a local exchange service provider
that offers these features to provide a prescribed notice to all
existing  residential  subscribers not later than 
January 31, 2000   May 1, 2000  , describing all
features provided on a per use basis, the charge for each activation,
any additional charges, and detailed information about the ability
to block these features.   The bill would provide that a local
exchange service subscriber that has not blocked per use features is
entitled to a one-time bill adjustment, as specified. 
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 2889.4 is added to the Public Utilities Code,
to read:
   2889.4.  (a) A local exchange service provider that 
offers per use custom calling or enhanced features shall 
 offers and charges for pay per use features that do not require
an access code to be dialed to activate the service shall 
provide a new  residential  subscriber, including an
existing  residential  customer ordering an additional line,
during the verbal service order process, with information about
those features.  The representatives of a provider shall 
advise   offer  that subscriber  of the
availability of blocking  for these features and shall inquire as to
whether the subscriber would like to block any or all of the
features.   blocking options for those features. 
   (b) (1) A local exchange service provider that offers the features
described in subdivision (a) shall advise an existing 
residential  subscriber who inquires about the features, or who
seeks a bill adjustment for the inadvertent or unauthorized use of
 those  per use custom calling features, that the features
can be blocked and shall inquire as to whether the subscriber would
like to block any or all of the features.
   (2) (A) A local exchange service provider that offers the features
described in subdivision (a) shall provide notice to all existing
 residential  subscribers not later than  January
31, 2000   May 1, 2000  , describing all features
provided on a per use basis, the charge for each activation, any
additional usage or other charges, and detailed information about the
ability to block these features.
   (B) The notice shall contain a toll-free number for further
information and shall contain a  pre-paid postcard that
subscribers may return   noticeable postcard size bill
insert that may be returned in the subscriber's bill envelope 
if they wish to block any or all of the per use features 
described in subdivision (a)  .  
   (c) Nothing in subdivisions (a) or (b) precludes a local exchange
service subscriber that has not blocked per use features from
obtaining a bill adjustment for the inadvertent or unauthorized
activation of those per use services that do not require coded
dialing to access, including any additional usage charges associated
with accessing two calls at one time.  
   (c) A local exchange service subscriber that has not blocked per
use features in accordance with this section is entitled to a
one-time bill adjustment which shall equal the sum of the charges for
every incident that occurred during the first billing cycle pursuant
to which the subscriber notifies the local exchange service provider
that inadvertent or unauthorized activation occurred with regard to
those per use services that do not require coded dialing to activate.
  The one-time bill adjustment shall include an adjustment for any
additional usage charges occurring as a result of inadvertent or
unauthorized activation.  The adjustment shall take the form of a
credit to the subscriber's account if the existing technology or
facilities of the local exchange service provider measure usage and
permit a usage credit to be determined and provided.