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AB-1268 Telecommunications: usage notification.(2011-2012)

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AB1268:v98#DOCUMENT

Amended  IN  Assembly  March 22, 2011

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 1268


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 amended, 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, require that 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 require that a provider of mobile data services, including a provider of mobile telephony services that includes mobile data service, to provide subscribers with a means by which a subscriber can obtain reasonably current and available information on the subscriber’s mobile data service usage and charges. The bill would, for a subscriber to a service plan that requires payment for a set volume of data or amount of connection time for mobile data service, where the subscriber pays additional charges if that volume or amount of connection time is exceeded, require that the provider of mobile data services alert the subscriber when the set volume or amount of connection time 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 and would prohibit a provider of mobile data services from charging a subscriber for providing notice that they have used their alloted volume or connection time of mobile data services.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   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) 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) A provider of mobile data services, including a provider of mobile telephony services that includes mobile data service, 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 mobile data service usage and charges. For a subscriber to a service plan that requires payment for a set volume of data or amount of connection time for mobile data service, where the subscriber pays additional charges if that volume or connection time amount is exceeded, the provider of mobile data services shall alert the subscriber when the set volume or amount of connection time has been reached. This notification may be accomplished by a text message.
(d) 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) (a), (b), and (c) and how it may be obtained. A provider of mobile telephony services shall not charge a subscriber for providing notice, pursuant to subdivisions (a) and (b) (a), (b), and (c), that they have used their allotment of airtime or text messages. airtime, text messages, or volume or amount of connection time for mobile data service.