BILL NUMBER: SB 1235	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Calderon

                        FEBRUARY 19, 2010

   An act to add Section 2885.7 to the Public Utilities Code,
relating to telecommunications.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1235, as introduced, Calderon. Telecommunications: mobile
telephony service.
   Under existing law, the Federal Communications Commission licenses
and partially regulates providers of commercial mobile radio
service, including providers of cellular radiotelephone service
(cellular), broadband Personal Communications Services (PCS), and
digital Specialized Mobile Radio (SMR) services (collectively, mobile
telephony service providers). Under existing law, no state or local
government may regulate the entry of, or the rates charged by, any
commercial mobile radio service, but a state or local government is
generally not prohibited from regulating the other terms and
conditions of commercial mobile radio service. Existing law requires
mobile telephony service providers to provide certain customer and
subscriber services.
   This bill would state the intent of the Legislature to enact
legislation to require a provider of mobile telephony services, as
defined, to provide sufficient prior notification to a customer
before money is deducted from the customer's bank account for
services not provided for in the contract for mobile telephony
services. The bill would also state the intent of the Legislature to
enact legislation to require such a provider, if there is a billing
dispute settled in the customer's favor, and the disputed sum has
already been deducted from the customer's bank account, to offer the
customer the option to elect either reimbursement of funds or future
credit applied to the customer's service account.
   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 2885.7 is added to the Public Utilities Code,
to read:
   2885.7.  It is the intent of the Legislature to enact legislation
that will do both of the following:
   (a) Require a provider of mobile telephony services, as defined in
Section 224.4, to provide sufficient prior notification to a
customer before money is deducted from the customer's bank account
for services not provided for in the contract for mobile telephony
services.
   (b) Require a provider specified in subdivision (a), if there is a
billing dispute settled in the customer's favor, and the disputed
sum has already been deducted from the customer's bank account, to
offer the customer the option to elect either reimbursement of funds
or future credit applied to the customer's service account.