Bill Text: CA SB1375 | 2009-2010 | Regular Session | Chaptered
Bill Title: Telephone corporations: residential telephone service:
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2010-09-27 - Chaptered by Secretary of State. Chapter 332, Statutes of 2010. [SB1375 Detail]
Download: California-2009-SB1375-Chaptered.html
BILL NUMBER: SB 1375 CHAPTERED
BILL TEXT
CHAPTER 332
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2010
APPROVED BY GOVERNOR SEPTEMBER 25, 2010
PASSED THE SENATE AUGUST 19, 2010
PASSED THE ASSEMBLY AUGUST 16, 2010
AMENDED IN ASSEMBLY AUGUST 2, 2010
AMENDED IN ASSEMBLY JUNE 22, 2010
AMENDED IN SENATE MAY 12, 2010
INTRODUCED BY Senator Price
FEBRUARY 19, 2010
An act to amend Section 2883 of the Public Utilities Code,
relating to telecommunications.
LEGISLATIVE COUNSEL'S DIGEST
SB 1375, Price. Telephone corporations: residential telephone
service: "911" calls.
(1) Existing law requires all local telephone corporations,
excluding providers of mobile telephony service and mobile satellite
telephone service, to the extent permitted by existing technology or
facilities, to provide every existing and newly installed residential
telephone connection with access to "911" emergency service
regardless of whether an account has been established.
This bill would instead require local telephone corporations to
provide every subscriber of tariffed residential basic exchange
service, rather than every existing and newly installed residential
telephone connection, with access to "911" emergency service. The
bill would require a local telephone corporation to provide "911"
emergency services for at least 120 days after disconnection of
residential basic exchange service for nonpayment, as provided. The
bill would authorize a local telephone corporation to disconnect any
line in existence on January 1, 2011, providing access to "911"
emergency services with no customer account attached for that line,
if notice of not less than 90 days prior to disconnection is provided
to the last known address of record associated with that line that
is being disconnected.
(2) Existing law requires telephone corporations to inform
subscribers of the availability of "911" emergency service in a
manner determined by the Public Utilities Commission.
This bill would delete that requirement and instead would require
local telephone corporations, if they choose to terminate access to
"911" emergency services after 120 days as provided above, to inform
residential subscribers, as part of the notice of suspension or
disconnection of service for nonpayment, of certain information,
including options to avoid suspension or disconnection of service and
the availability of "911" emergency service.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2883 of the Public Utilities Code is amended to
read:
2883. (a) (1) The Legislature finds and declares all of the
following:
(A) As originally enacted, Section 2883 required local telephone
corporations to provide a residential telephone connection with no
customer account attached, also known as a warm line, access to "911"
emergency service. This section took effect in 1995 when basic local
exchange telephone service was provided exclusively by incumbent
wireline providers operating within their franchise territories.
Local exchange competition was nonexistent and wireless telephones
were expensive and not in widespread use.
(B) At that time, the number of warm lines was very small. The
practice of leaving warm lines in place continued the availability of
"911" emergency service upon disconnection and permitted new
residential service orders to be completed with minimum cost and
delay.
(C) In recent years, the providers of warm line service have lost
a significant percentage of their customer base to competitors.
Today, the number of warm lines in California has increased in
proportion to the loss of wireline customers. An estimated 2,000,000
warm lines exist today and that number continues to grow.
(D) Rather than being converted to new active service accounts,
many warm lines remain in place indefinitely, even when customers
switch to other voice carriers that provide "911" emergency service
access. As warm lines age, deterioration can create shorts in these
lines that trigger "911" calls, also known as phantom "911" calls
because there is no person making the call.
(E) Responding to phantom "911" calls places a drain on public
safety resources including increased costs for public safety
responders. In addition, the state pays providers on a monthly basis,
based on volume, to maintain number and location records in the
state "911" database, including the records for increasing numbers of
warm lines.
(F) The cost to local telephone companies to energize and maintain
warm lines is the same as for active service accounts. Energy
provided to warm lines at residences where access to "911" emergency
service is being obtained through a different provider is a waste of
limited natural resources.
(2) It is the intent of the Legislature to amend Section 2883 in a
manner that continues to provide a public safety net in a
competitive telecommunications market, eliminates phantom "911"
calls, conserves energy for productive uses, and limits costs to the
state, local governments, and local telephone corporations.
(b) All local telephone corporations, excluding providers of
mobile telephony service and mobile satellite telephone service, as
defined in Section 224.4, to the extent permitted by existing
technology or facilities, shall provide every subscriber of tariffed
residential basic exchange service with access to "911" emergency
service.
(c) A local telephone corporation shall provide access to services
described in subdivision (b) for at least 120 days after
disconnection of residential basic exchange service for nonpayment of
any delinquent account or indebtedness owed by the subscriber to the
telephone corporation. A subscriber and a telephone corporation may
arrange payment schedules to regain full service.
(d) If a local telephone corporation chooses to terminate access
to the services described in subdivision (b) after 120 days as
authorized in subdivision (c), the local telephone corporation shall
inform residential subscribers as part of the notice of suspension or
disconnection of service for nonpayment of all of the following
information:
(1) The availability of the "911" emergency service described in
subdivision (b) for 120 days after disconnection of residential basic
exchange service.
(2) Options that may be available to avoid suspension or
disconnection of service.
(3) Other options that may be available for obtaining access to
"911" emergency service consistent with a customer education program,
if adopted by the commission.
(e) This section shall not be construed to relieve any person of
an obligation to pay a debt owed to a telephone corporation.
(f) This section shall not require a local telephone corporation
to provide "911" access pursuant to this section if doing so would
preclude providing service to subscribers of residential telephone
service.
(g) A local telephone corporation may disconnect any line in
existence on January 1, 2011, providing access to "911" emergency
services with no customer account attached for that line, if notice
of not less than 90 days prior to disconnection is provided to the
last known address of record associated with that line that is being
disconnected. The notice shall provide information about all of the
following:
(1) "911" emergency service is provided to customers who purchase
voice telephone service.
(2) Access to "911" emergency services may have been provided to
the address, to the extent permitted by existing technology or
facilities, but will be discontinued as provided in this section.
(3) A contact number for further information, including
information about low cost options, including the Universal Lifeline
Telephone Service (ULTS) program.
(4) Contact information for the commission.
(h) A local telephone corporation shall not be required to
terminate access to any line providing access to "911" emergency
services with no customer account attached for that line.
