Senate Bill No. 50

Introduced by Senator Lieu

December 19, 2012

An act to amend Sections 741, 742, and 742.3 of the Public Utilities Code, relating to telecommunications.

LEGISLATIVE COUNSEL’S DIGEST

SB 50, as introduced, Lieu. Telecommunications: pay telephones.

(1) Existing law requires an owner or operator of a coin-activated telephone for public use, which is not a telephone corporation and which provides operator-assisted services by other than a telephone corporation tariffed to provide those services, to post on or near the telephone equipment certain information, as prescribed.

This bill would apply this provision to a credit or debit card-activated telephone.

(2) Existing law requires the Public Utilities Commission to adopt and enforce operating requirements, as prescribed, for coin-activated and credit card-activated telephones available for public use owned or operated by corporations or persons other than telephone corporations.

This bill would apply this provision to debit card-activated telephones.

(3) Existing law requires the Public Utilities Commission to adopt and enforce, as prescribed, an operating requirement for coin-activated and credit card-activated telephones available for public use, whether owned by telephone corporations or persons other than telephone corporations, that requires every telephone to display a notice that surcharges may apply to operator-assisted and calling card calls.

This bill would apply this provision to debit card-activated telephones.

(4) Because the provisions of this bill would be a part of the Public Utilities Act and because a violation of an order or decision of the Public Utilities Commission implementing its requirements would be a crime, the bill would impose a state-mandated local program by creating a new crime.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 741 of the Public Utilities Code is
amended to read:

741.  

Every owner or operator of coin-activated begin insert or credit or end insert
begin insert debit card-activated end insert telephones available for public use, other than
a telephone corporation, which, as part of the service furnished,
provides operator-assisted services by other than a telephone
corporation having tariff schedules on file with the commission
providing for the furnishing of operator-assisted services shall
cause to be posted on or near the telephone equipment so as to be
easily seen by telephone customers all of the following information:

(a) The name of the provider of operator-assisted services and
a toll-free telephone number for contacting that provider.

(b) The applicable charges for each available operator-assisted
service.

(c) That the provider of operator-assisted services will respond
to inquiries concerning the terms and conditions of any available
service.

SEC. 2.  

Section 742 of the Public Utilities Code is amended
to read:

742.  

(a) The commission shall, by rule or order, adopt and
enforce operating requirements for coin-activated begin delete and end delete begin insert or end insert credit begin insert or end insert
begin insert debit end insert card-activated telephones available for public use owned or
operated by corporations or persons other than telephone
corporations. These requirements shall include, but are not limited
to, all of the following:

(1) A requirement that the telephone corporation furnishing
service to the corporation or person owning or operating a
coin-activated or credit begin insert or debit end insert card-activated telephone terminate
service for any violation of the commission’s rules or orders or of
this section, upon a determination by the commission that the
violation was a significant or repeated violation. Any determination
by the commission leading to a termination of service shall be
made in accordance with commission rules or orders adopted
pursuant to this subdivision.

(2) A requirement that every telephone permit a caller to be
connected with the operator personnel of any telephone corporation
authorized by the commission to operate within a service area by
dialing the numeral “0” and with the emergency services
switchboard reached by dialing the numerals “911” without
insertion of any coin.

(3) A requirement that every telephone contain instructions for
both local and long distance dialing, the name of the owner or
operator of the telephone, and the telephone number of that owner
or operator to which complaints can be made.

(4) A requirement that every telephone display its telephone
number or other identification number, as determined by the
commission, and the address at which the telephone is located, on
the telephone in a place where that information may be seen by a
person using the telephone.

(b) The commission shall require every telephone corporation
which publishes a directory of subscribers to include in that
directory information comprising the substance of this section and
the rules and orders of the commission adopted pursuant to this
section.

SEC. 3.  

Section 742.3 of the Public Utilities Code is amended
to read:

742.3.  

The commission shall, by rule or order, adopt and
enforce an operating requirement for coin-activated and credit begin insert or end insert
begin insert debit end insert card-activated telephones available for public use, whether
owned by telephone corporations or persons other than telephone
corporations, which requires that every telephone display a notice
that surcharges may apply to operator-assisted and calling card
calls. The required signage shall be phased in over a period of two
years beginning on January 1, 1993. A sticker with the necessary
notification may be used as an interim measure until January 1,
1995.

SEC. 4.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.