BILL NUMBER: AB 1268	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Blumenfield

                        FEBRUARY 18, 2011

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1268, as introduced, Blumenfield. Telecommunications: usage
notification.
   Existing law requires a provider of mobile telephony services to
provide subscribers with a means by which a subscriber can obtain
reasonably current and available information on the subscriber's
calling plan or plans and service usage. Existing law additionally
requires that, on or before January 1, 2007, a provider of mobile
telephony services 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 require, that for a subscriber to a service plan
that requires payment for a set amount of airtime or text messaging
where the subscriber pays additional charges if that amount of
airtime or text messages is exceeded, the provider of mobile
telephony services shall alert the subscriber when the set allotment
of airtime or text messages has been reached. The bill would prohibit
a provider of mobile telephony services from charging a subscriber
for providing notice that they have used their allotment of airtime
or text messages.
   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 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. 
For a subscriber to a service plan that requires payment for a set
amount of airtime where the subscriber pays additional charges if
that amount of airtime is exceeded, the provider of mobile telephony
services shall alert the subscriber when the set allotment of airtime
has been reached. This notification may be accomplished by text
message. 
   (b)  On or before January 1, 2007, a   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.  For
a subscriber to a service plan that requires payment for a set amount
of text messages where the subscriber pays additional charges if
that amount of text messages is exceeded, the provider of mobile
telephony services shall alert the subscriber when the set allotment
of text messages has been reached. This notification may be
accomplished by text message. 
   (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.  A provider of mobile telephony services s 
 hall not charge a subscriber for providing notice, pursuant to
subdivisions (a) and (b), that they have used their allotment of
airtime or text messages.