BILL NUMBER: AB 1184	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 7, 2009

INTRODUCED BY   Assembly Member Adams

                        FEBRUARY 27, 2009

   An act to amend Section  2890.2   2872 
of the Public Utilities Code, relating to telecommunications.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1184, as amended, Adams.  Mobile telephony service.
  Automatic dialing-announcing devices: governmental
officials.  
   Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including telephone corporations,
as defined. Existing law authorizes the commission to control and
regulate the use of automatic dialing-announcing devices, which are
automatic equipment that incorporate a storage capability of
telephone numbers to be called or a random or sequential number
generator capable of producing numbers to be called and that is
capable, working alone or in conjunction with other equipment, to
disseminate a prerecorded message to the telephone number being
called. Existing law, with specified exceptions, prohibits the use of
automatic dialing-announcing devices.  
   This bill would also exempt from the above prohibition the use of
automatic dialing-announcing devices by a state or local governmental
official for a governmental purpose.  
   Existing law requires a provider of mobile telephony services, as
defined, on or before January 1, 2007, to 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 text messaging and Internet usage and charges. 

   This bill would delete the requirement that this information be
provided no later than January 1, 2007. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

   SECTION 1.    Section 2872 of the   Public
Utilities Code   is amended to read: 
   2872.  (a) The connection of automatic dialing-announcing devices
to a telephone line is subject to this article and to the
jurisdiction, control, and regulation of the commission.
   (b) No person shall operate an automatic dialing-announcing device
except in accordance with this article. The use of such a device by
any person, either individually or acting as an officer, agent, or
employee of a person or corporation operating automatic
dialing-announcing devices, is subject to this article.
   (c) No person shall operate an automatic dialing-announcing device
in this state to place a call that is received by a telephone in
this state during the hours between 9 p.m. and 9 a.m. California
time.
   (d) This article does not prohibit the use of an automatic
dialing-announcing device by any person exclusively on behalf of any
of the following:
   (1) A school for purposes of contacting parents or guardians of
pupils regarding attendance.
   (2) An exempt organization under the Bank and Corporation Tax Law
(Part 11 (commencing with Section 23001) of Division 2 of the Revenue
and Taxation Code) for purposes of contacting its members.
   (3) A privately owned or publicly owned cable television system
for purposes of contacting customers or subscribers regarding the
previously arranged installation of facilities on the premises of the
customer or subscriber.
   (4) A privately owned or publicly owned public utility for
purposes of contacting customers or subscribers regarding the
previously arranged installation of facilities on the premises of the
customer or subscriber or for purposes of contacting employees for
emergency actions or repairs required for public safety or to restore
services.
   (5) A petroleum refinery, chemical processing plant, or nuclear
powerplant for purposes of advising residents, public service
agencies, and the news media in its vicinity of an actual or
potential life-threatening emergency. 
   (6) A state or local governmental official for a governmental
purpose. 
   (e) This article does not prohibit law enforcement agencies, fire
protection agencies, public health agencies, public environmental
health agencies, city or county emergency services planning agencies,
or any private for-profit agency operating under contract with, and
at the direction of, one or more of these agencies, from placing
calls through automatic dialing-announcing devices, if those devices
are used for any of the following purposes:
   (1) Providing public service information relating to public
safety.
   (2) Providing information concerning police or fire emergencies.
   (3) Providing warnings of impending or threatened emergencies.
   These calls shall not be subject to Section 2874.
   (f) This article does not apply to any automatic
dialing-announcing device that is not used to randomly or
sequentially dial telephone numbers but that is used solely to
transmit a message to an established business associate, customer, or
other person having an established relationship with the person
using the automatic dialing-announcing device to transmit the
message, or to any call generated at the request of the recipient.
   (g) The commission may determine any question of fact arising
under this section. 
  SECTION 1.    Section 2890.2 of the Public
Utilities Code is amended to read:
   2890.2.  (a) A provider of mobile telephony services, as defined
in Section 224.4, 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, including roaming usage and charges.
   (b) A provider of mobile telephony services 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 text messaging and Internet usage and charges.
   (c) Each provider of mobile telephony services shall inform
subscribers at the time service is established of the availability of
the information described in subdivisions (a) and (b) and how it may
be obtained.