BILL NUMBER: AB 2467 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 8, 2010
INTRODUCED BY Assembly Member Monning
FEBRUARY 19, 2010
An act to amend Section 60 of the Education
2889.9 of, and to add Section 2890.5 to, the Public Utilities
Code, relating to education
telecommunications .
LEGISLATIVE COUNSEL'S DIGEST
AB 2467, as amended, Monning. Education.
Telecommunications: customer service.
Existing law requires the Public Utilities Commission to implement
programs to provide services to the deaf and hearing impaired.
Existing law also directs the commission to require, or directly
requires of telephone corporations, specific consumer protections
relating to telecommunications services, including provisions that
regulate various billing and collection practices, access to "911"
service, handling of customer complaints, and disclosures of certain
information to the customer. Existing law authorizes the commission
to adopt rules, regulations and issue decisions and orders, as
necessary, to safeguard the rights of consumers and to enforce those
provisions.
This bill would require, rather than authorize, the commission to
adopt rules and regulations and issue decisions and orders, as
necessary, to safeguard the rights of consumers and to enforce those
provisions.
Existing law authorizes that Superintendent of Public Instruction
and any other officer charged with the performance of duties under
specified provisions of law to administer and certify oaths relating
to officers or official matters concerning public schools.
This bill would make a technical, nonsubstantive change to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2889.9 of the Public
Utilities Code is amended to read:
2889.9. (a) No person or corporation shall misrepresent its
association or affiliation with a telephone carrier when soliciting,
inducing, or otherwise implementing the subscriber's agreement to
purchase the products or services of the person or corporation, and
have the charge for the product or service appear on the subscriber's
telephone bill.
(b) The provisions of Chapter 11 (commencing
with Section 2100) of Part 1 of Division 1 apply
applies to a public utility subject to this section and
Section 2890. If the commission finds that a person or corporation or
its billing agent that is a nonpublic utility, and is subject to
the provisions of this section and Section 2890,
has violated any requirement of this article, or knowingly provided
false information to the commission on matters subject to this
section and Section 2890, the commission may enforce Sections 2102,
2103, 2104, 2105, 2106, 2107, 2108, 2109, 2110, 2111, and 2114
against those persons, corporations, and billing agents as if the
persons, corporations, or billing agents were a public utility.
Neither this authority nor any other provision of this article grants
the commission jurisdiction to regulate persons or corporations or
their billing agents who are not otherwise subject to commission
regulation, other than as specifically set forth in this section and
Section 2890.
(c) If the commission finds that a person, corporation, or billing
agent is operating in violation of any provision of this section and
Section 2890, the commission may order the billing telephone company
to terminate the billing and collection services for that person,
corporation, or billing agent. Nothing in this section and Section
2890 precludes a billing telephone company from taking action on its
own to terminate billing and collection services.
(d) The commission shall establish rules that require each billing
telephone company, billing agent, and company that provides products
or services that are charged on subscribers' telephone bills, to
provide the commission with reports of complaints made by subscribers
regarding the billing for products or services that are charged on
their telephone bills as a result of the billing and collection
services that the billing telephone company provides to third
parties, including affiliates of the billing telephone company.
(e) If the commission receives more than 100 complaints regarding
unauthorized telephone charges in any 90-day period as to a person,
corporation, or billing agent's activities that are subject to
Section 2890 and this section, the commission's consumer services
division shall commence a formal or informal investigation. The
commission, to further the purposes of Section 2890 and this section,
may change the number of complaints in any 90-day period that
initiates the commencement of an investigation. This subdivision does
not prohibit the commission's consumer services division from
opening any investigation it deems necessary to enforce Section 2890
or this section.
(f) Failure by a person, corporation, or billing agent to respond
to commission staff requests for information is grounds for the
commission to order the billing telephone company or companies that
are providing billing and collection services to cease billing and
collection services for the person, corporation, or billing agent.
(g) Persons or corporations originating charges for products or
services, their billing agents, and telephone corporations billing
for these products or services shall cooperate with the commission in
the commission's efforts to enforce the provisions of
this article.
(h) This section and Section 2890 do not obligate a billing
telephone company to provide billing and collection services to a
billing agent.
(i) The commission may adopt rules, regulations and issue
decisions and orders, as necessary, to safeguard the rights of
consumers and to enforce the provisions of this article.
(j)
(i) For the purposes of this section,
"billing agent" means the clearinghouse or billing aggregator.
SEC. 2. Section 2890.5 is added to the
Public Utilities Code , to read:
2890.5. The commission shall adopt rules and regulations and
issue decisions and orders, as necessary, to safeguard the rights of
consumers and to enforce this article.
SECTION 1. Section 60 of the Education Code is
amended to read:
60. The Superintendent of Public Instruction, Deputy and
Assistant Superintendents of Public Instruction, secretary of the
Superintendent of Public Instruction, members of the Board of
Governors of the California Community Colleges, the Chancellor of the
California Community Colleges, county superintendents of schools,
school trustees, members of boards of education, secretaries and
assistant secretaries of boards of education, city superintendents of
schools, district superintendents of schools, assistant
superintendents of schools, deputy superintendents of schools,
principals of schools, and any other officer charged with the
performance of duties under the provisions of this code may
administer and certify oaths relating to officers or official matters
concerning public schools.