BILL NUMBER: SB 50 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 21, 2013
INTRODUCED BY Senator Lieu
DECEMBER 19, 2012
An act to amend , repeal, and add Sections
741, 742, and 742.3 741 and 742 of the Public
Utilities Code, relating to telecommunications.
LEGISLATIVE COUNSEL'S DIGEST
SB 50, as amended, 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
Commencing January 1, 2015, this bill would apply this
provision to a credit or debit card-activated
telephone available for public use that accepts any form of
payment, and would require the owners or operators of these
telephones to post additional information and to comply with
additional specified requirements .
(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
Commencing January 1, 2015, this bill would apply this
provision to debit card-activated telephones
available for public use that accept any form of payment .
(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)
(3) 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. (a) Every owner or operator of
coin-activated or credit or debit card-activated
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)
( 1) The name of the provider of
operator-assisted services and a toll-free telephone number for
contacting that provider.
(b)
( 2) The applicable charges for each
available operator-assisted service.
(c)
( 3) That the provider of operator-assisted
services will respond to inquiries concerning the terms and
conditions of any available service.
(b) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 2. Section 741 is added to the
Public Utilities Code , to read:
741. (a) Every owner or operator of telephones for public use,
other than a telephone corporation, that accept any form of payment
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:
(1) The name of the provider of operator-assisted services and a
toll-free telephone number for contacting that provider.
(2) The applicable charges for each available operator-assisted
service.
(3) That the provider of operator-assisted services will respond
to inquiries concerning the terms and conditions of any available
service.
(4) That surcharges may apply to operator-assisted and
calling-card calls.
(5) That card-activated calls, calls activated by any other
payment device, or calls that may be charged to a card by giving a
card number to an operator may cost more than coin-activated calls.
(6) The local rates for nonoperator-assisted calls.
(b) Every owner or operator of telephones available for public,
other than a telephone corporation, use that accept any form of
payment which, as part of 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:
(1) Identify itself, audibly and distinctly, to the consumer at
the beginning of each telephone call and before the consumer incurs
any charge for the call.
(2) Permit the consumer to terminate the telephone call before the
call is connected.
(3) At no charge, disclose to the consumer, immediately after the
number to be called is entered or given to an operator, a quotation
of its complete rates and charges for the call.
(c) This section shall become operative on January 1, 2015.
SEC. 2. SEC. 3. 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 or
and credit or debit
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 or debit 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 that 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.
(c) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 4. Section 742 is added to the
Public Utilities Code , to read:
742. (a) The commission shall, by rule or order, adopt and
enforce operating requirements for telephones available for public
use that accept any form of payment and that are 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 telephone
that accepts any form of payment 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
or without any other form of payment.
(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.
(c) This section shall become operative on January 1, 2015.
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 or debit
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. SEC. 5. 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.