BILL NUMBER: SB 1903	CHAPTERED  08/26/02

	CHAPTER  286
	FILED WITH SECRETARY OF STATE  AUGUST 26, 2002
	APPROVED BY GOVERNOR  AUGUST 26, 2002
	PASSED THE SENATE  AUGUST 14, 2002
	PASSED THE ASSEMBLY  AUGUST 12, 2002
	AMENDED IN ASSEMBLY  AUGUST 8, 2002
	AMENDED IN ASSEMBLY  JUNE 19, 2002
	AMENDED IN SENATE  MAY 20, 2002
	AMENDED IN SENATE  APRIL 23, 2002

INTRODUCED BY   Senator O'Connell

                        FEBRUARY 22, 2002

   An act to add Section 2890.2 to the Public Utilities Code,
relating to telecommunications.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1903, O'Connell.  Commercial mobile radio service providers:
subscriber protection.
   Existing law requires any person, corporation, or billing agent
that charges subscribers for products or services on a telephone bill
to, among other things, include in the telephone bill the amount
being charged for each product or service, including any taxes or
surcharges, and a clear and concise description of the service or
product.
   This bill would require a provider of commercial mobile radio
service, as defined, to provide subscribers by no later than January
1, 2004, with a means by which a subscriber can obtain reasonably
current and available information, as determined by the provider, on
the subscriber's calling plan or plans and service usage.  The bill
would require providers to inform subscribers of the availability of
this information and how it may be obtained, at the time service is
established.


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


  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Commercial mobile radio service subscribers may currently be
unable to monitor their call time minutes and, as a result, they face
higher rates because they unknowingly exceed the number of minutes
included under their plans.
   (b) Commercial mobile radio service subscribers need reasonably
accurate information relative to their current service usage in order
to enable them to better utilize their particular calling plans.
   (c) Providing commercial mobile radio service subscribers with a
reasonable estimate that includes a differentiation between the types
of usage covered by their plans, such as "peak" versus "free"
minutes, will enable subscribers to make informed decisions about
their commercial mobile radio service.
   (d) The Legislature intends to require the provision of reasonably
available usage information by commercial mobile radio service
providers by January 1, 2004.
   (e) Technology exists to provide commercial mobile radio service
subscribers with reasonably accurate information relative to their
current service usage, and this type of information can be obtained
through a variety of sources, including, but not limited to, cellular
telephone providers, Internet Web sites, and traditional telephone
customer service providers, such as 1-800 telephone numbers.
   (f) The Legislature intends that reasonably available, current
usage information be provided to all commercial mobile radio service
subscribers, taking into consideration technical limitations that may
affect reporting to a consumer, including, but not limited to,
limitations on reporting "roaming" minutes incurred when a commercial
mobile radio service subscriber is outside his or her plan coverage
area.
  SEC. 2.  Section 2890.2 is added to the Public Utilities Code, to
read:
   2890.2.  (a) No later than January 1, 2004, a provider of
commercial mobile radio service, as defined in Section 2892, shall
provide subscribers with a means by which a subscriber can obtain
reasonably current and available information, as determined by the
provider, on the subscriber's calling plan or plans and service
usage.
   (b) Each provider of commercial mobile radio service shall inform
subscribers at the time service is established of the availability of
the information described in subdivision (a) and how it may be
obtained.
   (c) For purposes of this section, commercial mobile radio service
shall not include any one-way paging service utilizing facilities
that are licensed by the Federal Communications Commission,
including, but not limited to, narrowband personal communications
services described in Subpart D (commencing with Section 24.100) of
Part 24 of Title 47 of the Code of Federal Regulations, as in effect
on October 1, 2001.