Amended in Senate March 21, 2013

Senate Bill No. 50

Introduced by Senator Lieu

December 19, 2012

An act to amend begin insert , repeal, and add end insert Sections begin delete 741, 742, and 742.3 end delete begin insert 741 and 742 end insert 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.

begin delete

This

end delete

begin insert Commencing January 1, 2015, this end insert bill would apply this provision to a begin delete credit or debit card-activated end delete telephone begin insert 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 end insert .

(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.

begin delete

This

end delete

begin insert Commencing January 1, 2015, this end insert bill would apply this provision to begin delete debit card-activated end delete telephones begin insert available for public use that accept any form of payment end insert .

begin delete

(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.

end delete begin delete

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

end delete begin delete

(4)

end delete

begin insert (3) end insert  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.  

begin insert (a) end insert begin insert   end insert Every owner or operator of coin-activated begin delete or credit
or debit card-activated end delete 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:

begin delete

(a)

end delete

begin insert ( end insert begin insert 1) end insert  The name of the provider of operator-assisted services and
a toll-free telephone number for contacting that provider.

begin delete

(b)

end delete

begin insert ( end insert begin insert 2) end insert  The applicable charges for each available operator-assisted
service.

begin delete

(c)

end delete

begin insert ( end insert begin insert 3) end insert  That the provider of operator-assisted services will respond
to inquiries concerning the terms and conditions of any available
service.

begin insert

(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.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 741 is added to the end insert begin insert Public Utilities Code end insert begin insert , to
read: end insert

begin insert

begin insert 741. end insert   

(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.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

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 or end delete begin insert and end insert credit begin delete or
debit end delete 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 delete or debit end delete 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
begin delete which end delete begin insert that end insert 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.

begin insert

(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.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 742 is added to the end insert begin insert Public Utilities Code end insert begin insert , to
read: end insert

begin insert

begin insert 742. end insert   

(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.

end insert

begin delete

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.

end delete

begin delete SEC. 4. end delete
begin insert SEC. 5. end insert   

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.