BILL NUMBER: SB 932 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 16, 1999
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 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.
(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 telephone corporations
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 , excluding a
commercial mobile radio service, as defined, 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 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service or feature that a subscriber does not use and has rescinded.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 , but
this does not apply to telephone calls .
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 telephone
corporation that provides local telephone service to provide
that subscriber with a printed alphabetical telephone directory
; however, this may be waived, as prescribed . The bill would
prohibit a telecommunications service provider
telephone corporation 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 unless the subscriber has a
poor credit history, as determined by the commission.
The bill would only allow a telecommunications service
provider telephone corporation 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 , but
allows the collection of other identification and credit information
by a commercial mobile radio service, as prescribed ; would
require a telecommunications service provider
telephone corporation 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 , excluding a commercial
mobile radio service, that provides a new telephone service or
feature shall mail to each subscriber of that service or feature
within 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. This subdivision does not apply to telephone calls.
(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) 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.
(f) A telecommunications service provider
telephone corporation that provides local telephone service to
a subscriber shall provide that subscriber with a printed
alphabetical telephone directory. The subscriber may waive this
requirement by a written declaration authorizing the telephone
corporation to provide a nonprint alphabetical telephone directory.
(g) A telecommunications service provider
telephone corporation 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.
(h) Notwithstanding any other provision of law, a
telecommunications service provider telephone
corporation may only disconnect the local telephone service of
a subscriber for nonpayment of local telephone service charges. Any
payment of a telephone bill shall first be credited toward local
telephone service charges. Telephone corporations shall
implement this requirement not later than July 1, 2000.
(i) A telecommunications service provider
telephone corporation may not decline to provide service if the
subscriber declines to provide his or her social security number. A
telecommunications service provider
telephone corporation 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. Nothing in this subdivision
prohibits a commercial mobile radio service from requesting data,
other than a subscriber's social security number, to verify the
identity of the subscriber and establish creditworthiness. If the
commercial mobile radio service is unable to verify the identity or
creditworthiness of a subscriber, the service may deny or limit
service.
(j) A telecommunications service provider
telephone corporation 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. For purposes of this
subdivision, nonessential services include, but are not limited to,
toll service and custom calling services such as three-way calling
and call return.
(k) A telecommunications service provider
telephone corporation shall provide subscribers with complete
and neutral information about Caller ID blocking options , as
determined by the commission, 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. subscribers.
(n) As used in this section, "commercial mobile radio service" has
the same meaning as "commercial mobile service," as defined in
subsection (d) of Section 332 of Title 47 of the United States Code.
SEC. 2. Section 2889.10 is added to the Public Utilities Code, to
read:
2889.10. No telephone service provider
corporation 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. in California, to the extent that
the subscriber is permitted to pursue a judicial remedy.
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.