BILL NUMBER: SB 932 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 8, 1999
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 Section 2889.7 Sections
2889.7, 2889.10, and 2898 to the Public Utilities Code,
relating to telecommunications.
LEGISLATIVE COUNSEL'S DIGEST
SB 932, as amended, Bowen. Telecommunications :
service: notice .
Under
(1) 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 mail a specified
written notice to each subscriber of that new service or feature,
within 2 3 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 , with certain
exceptions, would authorize a subscriber, for services
purchased by telephone, within 10 days from the date that the
subscriber 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service or feature that a subscriber does not use and has rescinded.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, except as specified, would require a telephone corporation
to reimburse a subscriber for any charge imposed by that corporation
for the inadvertent use of a telephone service or feature.
The bill would require an advertisement for a telecommunications
service that includes specified references to disclose 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 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 local telephone 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 unless the subscriber has a poor
credit history, as determined by the commission . 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.
The bill would only allow a telecommunications service provider to
disconnect the local telephone service of a subscriber for
nonpayment of local telephone service charges; would prohibit a
telecommunications service provider from declining to provide service
if the subscriber declines to provide his or her social security
number; would require a telecommunications service provider to allow
subscribers the ability to block access to nonessential services and
to provide subscribers with information about Caller ID blocking
options, as specified. The bill would require the commission to
establish rules to require telephone corporations to provide the
commission with reports of complaints made by subscribers regarding
telephone service. The bill would provide that these described
provisions apply to residential and small commercial subscribers, as
defined.
The bill would prohibit a telephone service provider from
including in a residential subscriber contract a provision that
prohibits the subscriber from pursuing a judicial remedy, as
specified.
(2) The Telecommunications Customer Service Act of 1993 requires
telephone corporations to provide specified customer services and
information to telecommunications customers.
This bill would require the commission to develop and administer
information on the Internet that offers to telephone service
customers on-line access to information about local and long-distance
telephone services offered by providers and other consumer
information, as prescribed. The bill would prohibit the commission
from implementing the above requirement until July 1, 2001, unless
otherwise authorized by the Department of Information Technology
pursuant to a specified executive order.
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 shall mail to each subscriber of that service or
feature within two three 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), for services
purchased by telephone, 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) (1) Except as specified in paragraph (2), a telephone
corporation shall reimburse a subscriber for any charge imposed by
that corporation for the inadvertent 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.
(e) The commission shall create a means by which a
telecommunications service subscriber may compare prices among
telecommunications service providers.
(f)
(e) 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)
(f) A telecommunications service provider that provides
local telephone service to a subscriber shall provide that subscriber
with a printed alphabetical 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.
(h)
(g) 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
local telephone service that exceeds an amount equal to an
average of two months' local telephone service bills
unless the subscriber has a poor credit history, as determined by the
commission. If the subscriber has a poor credit history, the
subscriber shall have the option of submitting a deposit in an amount
that equals not more than an average of two months of local
telephone service charges if the subscriber accepts restricted toll
service . 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.
(i) A telecommunications service provider may not
(h) Notwithstanding any other provision of law, a
telecommunications service provider may only disconnect the
local telephone service of a subscriber for nonpayment
disputed of charges imposed by a third party.
(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. nonpayment
of local telephone service charges. Any payment of a telephone bill
shall first be credited toward local telephone service charges.
(i) A telecommunications service provider may not decline to
provide service if the subscriber declines to provide his or her
social security number. A telecommunications service provider may
request the social security number of a subscriber only after
disclosing to the subscriber that providing the social security
number is optional and not required as a condition of receiving
service.
(j) A telecommunications service provider offering local telephone
service shall allow subscribers the ability to block access to
nonessential services. This service shall be provided without charge
the first time it is requested by the subscriber.
(k) A telecommunications service provider shall provide
subscribers with complete and neutral information about Caller ID
blocking options whenever those options are offered to the
subscriber. This information shall also be included in the annual
notice provided to customers pursuant to Section 786.
(l) The commission shall establish rules to require telephone
corporations to provide the commission with reports of complaints
made by subscribers regarding telephone service. The purpose of
these reports is to provide the commission and the public with timely
information regarding the extent and nature of consumer
dissatisfaction.
(m) This section only applies to residential and small commercial
subscribers. For the purposes of this section, "small commercial
subscribers" means commercial customers with not more than five
access lines.
SEC. 2. Section 2889.10 is added to the Public Utilities Code, to
read:
2889.10. No telephone service provider may include in a
residential subscriber contract any provision that prohibits the
subscriber from pursuing a judicial remedy in connection with the
provision of services pursuant to that contract.
SEC. 3. Section 2898 is added to the Public Utilities Code, to
read:
2898. (a) The commission shall develop and administer information
on the Internet that offers to telephone service customers on-line
access to information about local and long-distance telephone
services offered by providers.
(b) The commission shall require telephone corporations,
including, but not limited to, those telephone corporations with more
than 50,000 subscribers in this state, and any other telephone
corporations that wish to participate in the provision of information
on the Internet, to submit information on residential telephone
services in a standardized format. The commission shall adopt a
standard initial format for the submission of information, and may
thereafter alter the format and other submission requirements as the
commission determines to be necessary to improve convenience and
accuracy, or to meet the technical requirements of the Internet.
Only certificated telephone corporations that offer telephone service
to customers in this state may participate in the provision of
information on the Internet in accordance with this section.
(c) The commission shall maintain and make available on the
Internet a list of certificated telephone corporations that operate
in this state, whether or not those telephone corporations
participate in the provision of information on the Internet in
accordance with this section.
(d) The commission shall include on the Internet relevant
information to alert the public about telephone corporations that may
be attempting to provide local or long-distance service in the state
in an unauthorized or fraudulent manner.
(e) The commission shall require certificated telephone
corporations that participate in the provision of information on the
Internet in accordance with this section to submit information that
may include, but is not limited to, any of the following information:
(1) Prices for various service offerings.
(2) Estimated total prices for a variety of standard customer
profiles.
(3) Peak and offpeak schedules and designated holidays.
(4) Rate schedules.
(5) Service conditions and contract terms.
(6) Phone numbers for customer service and complaints.
(7) Information on billing dispute and complaint resolution
procedures.
(8) An Internet website address to access the telephone
corporation's own Internet website.
(f) The commission shall develop a procedure to ensure that
information on the Internet is updated by participating telephone
corporations.
(g) The commission may include the Internet addresses of
participating telephone corporations in hypertext markup language to
facilitate direct access to information provided by each corporation
on the Internet.
(h) The commission shall incur no liability for the content of
information provided by a telephone corporation participating in the
provision of information on the Internet pursuant to this section.
(i) The commission may initiate proceedings, issue orders, and
adopt rules and procedures as it determines to be necessary to
further the intent of this section.
(j) The commission may direct participating telephone corporations
to modify, add, or delete information on, or for submission to, the
Internet.
(k) The commission shall update the information on the Internet
and make any necessary corrections on a quarterly basis. The date of
the latest update made pursuant to this subdivision shall be
displayed on the Internet.
(l) The commission may not implement this section until July 1,
2001, unless otherwise authorized by the Department of Information
Technology pursuant to Executive Order D-3-99.