Today's Law As Amended

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AB-1366 Voice over Internet Protocol and Internet Protocol enabled communications services.(2019-2020)



SECTION 1.

 Chapter 26.5 (commencing with Section 22765) is added to Division 8 of the Business and Professions Code, to read:

CHAPTER  26.5. Voice over Internet Protocol (VoIP) Services
22765.
 For purposes of this article, “VoIP” means Voice over Internet Protocol.
22765.5.
 (a) A provider of residential interconnected VoIP service shall disclose to each new residential customer any backup power requirements established in state and federal law. The disclosure shall advise the customer that the customer may contact the Public Utilities Commission to submit a complaint regarding their VoIP service and to obtain additional information regarding alternative communication services, including the customer’s right to basic telephone service.
(b) (1) A provider of residential interconnected VoIP service shall include in its terms of service for residential customers a provision stating that the provider will provide to a customer, upon request, a bill credit when the customer experiences a service outage for more than 24 hours, excluding Sundays, federal holidays, or periods of outage due to circumstances beyond the provider’s control.
(2) A provider of residential interconnected VoIP service shall initiate steps to restore service within 24 hours of receiving a report of a service outage. The 24-hour period shall not include Sundays, federal holidays, or periods of outage due to circumstances beyond the provider’s control.
(3) A provider of residential interconnected VoIP service shall, within 72 hours of receiving a report of a residential interconnected VoIP service outage, restore service, which may include restoring service remotely. The 72-hour period shall not include Sundays, federal holidays, or periods of outage due to circumstances beyond the provider’s control.
(4) For purposes of this subdivision, “circumstances beyond the provider’s control” include an electrical outage, catastrophic event, natural disaster, emergency proclaimed by the Governor, cable theft, cable cut by a third party, lack of access to the premises, or absence of customer support to test the facilities.
(5) For purposes of this subdivision, “service outage” means the inability of an end user to place or receive a VoIP call as a result of a failure in the performance of the end user’s interconnected VoIP service provider’s network.
(6) This subdivision shall not apply if the same or similar standards are established in state or federal statute or regulations for the same providers.
22766.
 (a) The Attorney General may institute and prosecute actions or proceedings to enforce this chapter.
(b) Nothing in this chapter confers jurisdiction or authority to the Public Utilities Commission to enforce this chapter.

SEC. 2.

 Section 53121 of the Government Code is amended to read:

53121.
 (a) The Office of Emergency Services shall develop a plan and timeline of target dates for the testing, implementation, and operation of a Next Generation 911 emergency communication system, including text to 911 service, throughout California.
(b) In order to maximize efficiency and contain costs, the Next Generation 911 emergency communication system shall incorporate, where consistent with public safety and technologically feasible, shared infrastructure and elements of other public safety and emergency communications networks, including, but not limited to, all of the following:
(1) Public safety communications identified in the annual plan required by subdivision (b) of Section 15277.
(2) Local and regional public safety broadband networks authorized by the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5).
(3) Public safety broadband networks authorized by the federal Middle Class Tax Relief and Job Creation Act of 2012 (Public Law 112-96).
(4) Public safety radio and communications facilities used for the purpose of public warnings pursuant to Section 15254.
(c) The Office of Emergency Services may establish requirements relative to the terms of service of a Next Generation 911 emergency communication system established pursuant to this section, including the costs, services, and terms and conditions for contractors providing Next Generation 911 services. The Office of Emergency Services may direct the Public Utilities Commission to implement the terms of service requirements adopted by the office.

SEC. 2.SEC. 3.

 Section 710 of the Public Utilities Code is amended to read:

710.
 (a) (1)  The commission shall not exercise regulatory jurisdiction or control over Voice over Internet Protocol and Internet Protocol enabled services except as required or expressly delegated by federal law or expressly directed to do so by statute or as set forth in subdivision (c). In the event of a requirement or a delegation referred to above, this section does not expand the commission’s jurisdiction beyond the scope of that requirement or delegation. in accordance with one of the following: 
(A) As required or expressly delegated by federal law.
(B) As expressly directed to do so by statute or as set forth in this section.
(C) As expressly and specifically directed by the Legislature in the interest of public safety or consumer protection.
(2) This section does not expand the commission’s jurisdiction beyond the exceptions in paragraph (1).
(b) (1)  No department, agency, commission, or political subdivision of the state shall enact, adopt, or enforce any law, rule, regulation, ordinance, standard, order, or other provision having the force or effect of law, that regulates VoIP or other IP enabled service, unless required or expressly delegated by federal law or expressly authorized by statute or pursuant to subdivision (c). In the event of a requirement or a delegation referred to above, this section does not expand the commission’s jurisdiction beyond the scope of that requirement or delegation. except in accordance with one of the following: 
(A) As required or expressly delegated by federal law.
(B) As expressly authorized by statute or pursuant to this section.
(C) As expressly and specifically directed by the Legislature in the interest of public safety or consumer protection.
(2) This section does not expand a department’s, agency’s, commission’s, or political subdivision’s jurisdiction beyond the exceptions in paragraph (1).
(c) This section does not affect or supersede any of the following:
(1) The Emergency Telephone Users Surcharge Law Act  (Part 20 (commencing with Section 41001) of Division 2 of the Revenue and Taxation Code) and the state’s universal service programs (Section 285).
(2) The Digital Infrastructure and Video Competition Act of 2006 (Division 2.5 (commencing with Section 5800)) or a franchise granted by a local franchising entity, as those terms are defined in Section 5830.
(3) The commission’s authority to implement and enforce Sections 251 and 252 of the federal Communications Act of 1934, as amended (47 U.S.C. Secs. 251 and 252).
(4) The commission’s authority to require data and other information pursuant to Section 716.
(5) The commission’s authority to address or affect the resolution of disputes regarding intercarrier compensation, including for the exchange of traffic that originated, terminated, or was translated at any point into Internet Protocol format.
(6) The commission’s authority to enforce existing  requirements regarding backup power systems established in Decision 10-01-026,  adopted pursuant to Section 2892.1.
(7) The commission’s authority relative to access to support structures, including pole attachments, or to the construction  construction, safety,  and maintenance of facilities pursuant to commission General Order 95 and  95,  General Order 128. 128, and any successor decisions. 
(8) The authority of the Office of Emergency Services related to 911 emergency communications, including, but not limited to, both the following:
(8) (A)  The duties and authority of the office pursuant to the  Warren-911-Emergency Assistance Act (Article 6 (commencing with Section 53100) of Chapter 1.5 1  of Part 1 of Division 2 of Title 5 of the Government Code).
(B) The development, implementation, and administration of a Next Generation 911 system including the establishment and enforcement of the terms and conditions for contracts for the delivery of Next Generation 911 services. The Office of Emergency Services may direct the Public Utilities Commission to implement the terms of service requirements adopted by the office for the delivery of Next Generation 911 services.
(9) The requirement that facilities-based interconnected VoIP service providers submit to the commission a copy of each network outage reporting system report submitted to the Federal Communications Commission.
(10) The requirements applicable to any VoIP service provider that voluntarily participates in the state’s lifeline program.
(d) This section does not affect the enforcement by the Attorney General or any other applicable entity  of any state or federal criminal or civil law or any local ordinances of general applicability, including, but not limited to, consumer protection and unfair or deceptive trade practice laws or ordinances, that apply to the conduct of business, the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), local utility user taxes, federal requirements regarding enhanced 911 emergency telephone service,  and state and local authority governing the use and management of the public rights-of-way.
(e) This section does not affect any existing regulation of, proceedings governing, or existing commission authority over, non-VoIP and other non-IP enabled wireline or wireless service, including regulations governing universal service and the offering of basic service and lifeline service, and any obligations to offer basic service. over any of the following: 
(1) Non-VoIP and non-IP-enabled wireline or wireless service.
(2) Rules governing universal service, including lifeline service.
(3) Rules governing the offering of basic service.
(4) The obligation of a carrier of last resort regarding the provision of basic service, regardless of the technology used.
(f) (1)  This section does not limit the commission’s ability to continue to monitor and discuss VoIP services, to track and report to the Federal Communications Commission and the Legislature, within its annual report to the Legislature, Legislature pursuant to this subdivision  the number and type of complaints received by the commission from customers, and recommendations based on those complaints,  to respond informally to customer complaints, including providing  and to provide  VoIP customers who contact the commission information regarding available options under state and federal law for addressing complaints.
(2) (A) The commission shall annually report to the Attorney General the number and type of complaints received by the commission from VoIP customers about VoIP service.
(B) The commission shall forward to the Attorney General any customer complaint received by the commission regarding VoIP and IP-enabled services.
(3) The commission shall include in its annual report to the Legislature made pursuant to Section 910 all of the following:
(A) The number and type of complaints received by the commission from VoIP customers about VoIP and IP-enabled services.
(B) The number of complaints resolved and the average duration for resolution based on reports from service providers.
(C) Any recommendations based on the customer complaints and complaint resolutions described in subparagraphs (A) and (B).
(g) This section does not affect the establishment or enforcement of standards, requirements, or procedures, including procurement policies, applicable to any department, agency, commission, or political subdivision of the state, or to the employees, agents, or contractors of a department, agency, commission, or political subdivision of the state, relating to the protection of intellectual property.
(h) This section shall remain in effect only until January 1, 2020, 2025,  and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. repealed.