BILL NUMBER: SB 932 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 17, 1999
AMENDED IN SENATE APRIL 20, 1999
AMENDED IN SENATE APRIL 6, 1999
INTRODUCED BY Senator Bowen
(Coauthor: Senator Solis)
FEBRUARY 25, 1999
An act to add Sections 2889.7 and 2896.5
Section 2889.7 to the Public Utilities Code, relating to
telecommunications.
LEGISLATIVE COUNSEL'S DIGEST
SB 932, as amended, Bowen. Telecommunications: service:
notice.
Under existing law, the Public Utilities Commission has regulatory
authority with respect to telephone corporations. Existing law
requires telephone corporations to provide specified customer and
subscriber services, including information regarding the provider's
identity, service options, pricing, and terms and conditions of
service. Existing law requires the commission to impose that service
information requirement on all telecommunications providers in the
state. Under existing law, the commission may only permit a
subscriber's local telephone service to be disconnected for
nonpayment of charges relating to specified telephone services.
This bill would require a telephone corporation that provides a
new telephone service or feature to subscribers to
immediately notify mail a specified written notice to
each subscriber in writing of that new
service or feature , within 2 business days of service
activation. The bill would require the commission, prior to the
offer by a telephone corporation of a new nonsubscription service or
feature, to determine, and require the telephone corporation to
provide, adequate notice to consumers . The bill would
authorize a subscriber, within 5 10
days from the date that the subscriber receives
is mailed such a notice, to request the telephone
corporation to suspend the provision of any telephone service or
feature described in that notice, and would require the telephone
corporation, upon receipt of such a request, to suspend the provision
of the specified telephone service or feature. The bill would
prohibit a telephone corporation from imposing any charge for the
suspension of a telephone service or feature or for a telephone
service or feature that a subscriber does not use and has rescinded
. The bill would also prohibit a telephone
corporation from imposing any charge for any telephone service or
feature that a subscriber does not use. The bill ,
except as specified, would require a telephone corporation to
reimburse a subscriber for any charge imposed by that corporation for
the inadvertent or unauthorized use of a
telephone service or feature.
The bill would require a telecommunications service
provider to provide a potential subscriber with clear information
about a telecommunications service offered, prior to purchase,
including, but not limited to, information about prices, service
options, and the terms and conditions of service. The bill would
require an advertisement for a telecommunications service
that includes specified references to disclose
price information on charges , as prescribed.
The bill would require a telecommunications service provider that
provides local telephone service to provide that subscriber with
a printed alphabetical telephone directories, as
prescribed directory . The bill would prohibit
a telecommunications service provider from requiring a subscriber to
deposit a sum of money with the telecommunications service provider
prior to establishing an account and furnishing service that exceeds
a specified amount, or from disconnecting the local telephone service
of a subscriber for nonpayment of disputed charges
imposed by a third party. The bill would authorize a
telecommunications service provider to require the social security
number of a subscriber to establish creditworthiness only if the
provider determines that no other reasonable means is available.
This bill would require the commission to create a means by which
a telecommunications service subscriber may compare prices among
telecommunications service providers.
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 2889.7 is added to the Public Utilities Code,
to read:
2889.7. (a) A telephone corporation that provides a new
telephone service or feature to subscribers shall immediately notify
each subscriber in writing of that new service or feature.
(b) A subscriber, within five days from the date that the
subscriber receives a notice required pursuant to subdivision (a),
may request the telephone corporation to suspend the provision of any
telephone service or feature described in that notice. The
telephone corporation, upon receipt of that request, shall suspend
the provision of any telephone service or feature specified in the
request. A telephone corporation may not impose any charge for the
suspension of a telephone service or feature pursuant to this
subdivision.
(c) A telephone corporation may not impose any charge for a
telephone service or feature that a subscriber does not use.
new telephone service or feature shall mail to each
subscriber of that service or feature within two business days of
service activation a written notice describing the price, terms, and
conditions of the service or feature.
(b) The commission, prior to the offer by a telephone corporation
of a new nonsubscription service or feature, shall determine, and
shall require the telephone corporation to provide, adequate notice
to consumers.
(c) (1) Except as specified in paragraph (2), a subscriber, within
10 days from the date that the subscriber is mailed the notice
required pursuant to subdivision (a), may request the telephone
corporation to suspend the provision of any telephone service or
feature described in that notice. The telephone corporation, upon
receipt of that request, shall suspend the provision of any telephone
service or feature specified in the request. A telephone
corporation may not impose any charge for the suspension of a
telephone service or feature, or for a telephone service or feature
that a subscriber does not use and has rescinded, pursuant to this
section.
(2) This subdivision does not apply in either of the following
circumstances:
(A) If a subscriber orders a change in service provider, or a
change in service that requires a telephone corporation employee to
perform work at the premises of the subscriber.
(B) If there is a contract between a telephone corporation and the
subscriber.
(d) A (1) Except as specified in paragraph
(2), a telephone corporation shall reimburse a subscriber for
any charge imposed by that corporation for the inadvertent
or unauthorized use of a telephone service or feature.
(2) A subscriber shall be entitled to one bill adjustment, upon
request, for the inadvertent or unauthorized use of a pay-per-use
service or feature. If the subscriber does not order the telephone
corporation to suspend the provision of the subject telephone service
or feature at the time of a requested bill adjustment, the telephone
corporation is not obligated to adjust the bill of the subscriber
for any inadvertent or unauthorized use thereafter of the telephone
service or feature.
SEC. 2. Section 2896.5 is added to the Public Utilities Code, to
read:
2896.5. (a) A telecommunications service provider shall provide a
potential subscriber with clear information about a
telecommunications service offered, prior to purchase, including, but
not limited to, information about prices, service options, and the
terms and conditions of service.
(b)
(e) The commission shall create a means by which a
telecommunications service subscriber may compare prices among
telecommunications service providers.
(c) An advertisement for a telecommunications service that refers
to the price of a service shall disclose complete pricing information
for that service.
(d)
(f) An advertisement for a telecommunications service that refers
to per-minute rates, free services, or services provided at no
charge, shall disclose all underlying charges and restrictions, if
any, that will apply if a customer uses that service. For the
purpose of this subdivision, the term "underlying charges" does not
include any tax or surcharge mandated by local, state, or federal
law.
(g) A telecommunications service provider that provides
local telephone service to a subscriber shall provide that subscriber
with a printed alphabetical telephone directory and a
classified telephone directory . At the request of the
subscriber, the telecommunications service provider shall provide
without charge an alphabetical telephone directory for communities
neighboring that of the subscriber.
(e)
(h) A telecommunications service provider may not require a
subscriber to deposit a sum of money with the telecommunications
service provider prior to establishing an account and furnishing
service that exceeds an amount equal to an average of two months'
telephone service bills. If a subscriber elects to block access to
toll service, the calculation of such a deposit shall reflect an
average based on that exclusion of toll service costs.
(f)
(i) A telecommunications service provider may not disconnect
the local telephone service of a subscriber for nonpayment
disputed of charges imposed by a third party.
(g)
(j) A telecommunications service provider may require the
social security number of a subscriber to establish creditworthiness
only if the provider determines that no other reasonable means of
establishing creditworthiness is available.