BILL NUMBER: AB 437	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Yamada

                        FEBRUARY 24, 2009

   An act to add Section 2887 to the Public Utilities Code, relating
to telecommunications.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 437, as introduced, Yamada. Mobile telephony service.
   Under existing law, the Federal Communications Commission licenses
and partially regulates providers of commercial mobile radio
service, including providers of cellular radiotelephone service
(cellular), broadband Personal Communications Services (PCS), and
digital Specialized Mobile Radio (SMR) services (collectively, mobile
telephony service providers). Under existing law, no state or local
government may regulate the entry of, or the rates charged by, any
commercial mobile radio service, but a state or local government is
generally not prohibited from regulating the other terms and
conditions of commercial mobile radio service. Existing law requires
mobile telephony service providers to provide certain customer and
subscriber services.
   This bill would prohibit a mobile telephony service provider from
directing a customer to a sales representative for the provider when
the customer attempts to use the service to complete a telephone call
to a person or business other than the provider.
   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.  The Legislature declares that the purpose of this act
is to prohibit mobile telephony service providers, popularly known as
"cell phone" carriers, from redirecting a customer's call to a sales
representative in order to offer a service plan upgrade, before the
customer is able to place their intended telephone call.
  SEC. 2.  Section 2887 is added to the Public Utilities Code, to
read:
   2887.  No mobile telephony service provider may direct a customer
to a sales representative for the provider when the customer attempts
to use the service to complete a telephone call to a person or
business other than the provider.