Bill Text: CA SB1375 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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-Amended.html

---

BILL NUMBER: SB 1375	AMENDED
	BILL TEXT

	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, as amended, Price. Telephone corporations: residential
telephone service:  911   "911"  calls.

   Existing 
    (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  a connection that has the capacity to place a "911"
call rather than providing   every subscriber of
tariffed residential basic exchange service, rather than every
existing and newly installed residential telephone  
connection   , with  access to "911" emergency service.

   (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
telephone corporations to inform residential subscribers who have
received 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. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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   (A) As originally enacted, Section 2883 required local telephone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
 existing and newly installed residential telephone
connection with a connection that has the capacity to place a "911"
call regardless of whether an account has been established. 
 subscriber of tariffed residential basic exchange service with
access to "911" emergency service.  
   (b) 
    (c)  The commission shall prohibit any corporation from
terminating  a connection   access to services
 described in subdivision  (a)   (b) 
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.

   (c) The commission shall require telephone corporations to inform
subscribers of the availability of the services described in
subdivision (a) in a manner determined by the commission. 

   (d) A local telephone corporation shall inform residential
subscribers who have received a 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).  
   (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.  
   (d) 
    (e)  This section shall not be construed to relieve any
person of an obligation to pay a debt owed to a telephone
corporation. 
   (e) 
    (f)   This section  not shall  
shall not  require a local telephone corporation to provide
 connections that have the capacity to place "911" calls
  "911" access pursuant to this section  if doing
so would preclude providing service to subscribers of residential
telephone service.