Bill Text: NJ A1634 | 2010-2011 | Regular Session | Introduced
Bill Title: Provides that if wireless telephone service subscriber terminates service, any applicable subscriber termination fee is to be prorated.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Consumer Affairs Committee [A1634 Detail]
Download: New_Jersey-2010-A1634-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblywoman CONNIE WAGNER
District 38 (Bergen)
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
SYNOPSIS
Provides that if wireless telephone service subscriber terminates service, any applicable subscriber termination fee is to be prorated.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning certain commercial mobile service provider contracts and supplementing P.L.1960, c.39 (C.56:8-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Wireless telephone service" or "service" means "commercial mobile service" as "commercial mobile service" is defined in 47 U.S.C. s.332 (d), but shall not include any paging or messaging services utilizing facilities that are licensed by the Federal Communications Commission including, but not limited to, narrowband personal communications services described in Subpart D (commencing with Section 24.100) of Part 24 of Title 47 of the Code of Federal Regulations, as in effect on October 1, 2004.
"Wireless telephone service provider" or "provider" means any person providing wireless telephone service.
"Wireless telephone service subscriber" or "subscriber" means any person to whom wireless telephone service is provided or any person who has agreed with a provider to pay obligations arising from the provision of wireless telephone service to another person.
2. If a wireless telephone service provider charges a fee to any of its subscribers in the event a subscriber cancels an agreement with the provider and thereby terminates service with the provider, the subscriber shall pay a prorated fee based on the portion of the amount of time remaining in the service agreement.
3. A violation of this act shall be an unlawful practice subject to the penalties applicable pursuant to section 1 of P.L.1966, c.39 (C.56:8-13) and section 2 of P.L.1999, c.129 (C.56:8-14.3).
4. This act shall take effect immediately and shall be applicable to new contracts entered into, or existing contracts renewed, on or after the effective date of this act.
STATEMENT
This bill provides that if a wireless telephone service provider charges a fee to any of its subscribers in the event a subscriber cancels an agreement with the provider and thereby terminates service with the provider, the subscriber shall pay a prorated fee to the provider based on the portion of the amount of time remaining in the service agreement.
Any violation of the provisions of this bill is to be deemed an unlawful practice subject to the penalties applicable pursuant to section 1 of P.L.1966, c.39 (C.56:8-13) and section 2 of P.L.1999, c.129 (C.56:8-14.3).
