BILL NUMBER: AB 1268	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 22, 2011

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.
State-mandated 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 reac   hed. 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.