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REFERENCE TITLE: cellphone users' bill of rights |
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State of Arizona Senate Forty-eighth Legislature Second Regular Session 2008
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SB 1010 |
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Introduced by Senator Waring
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AN ACT
amending title 44, chapter 11, arizona revised statutes, by adding article 23; relating to wireless telephone services.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 44, chapter 11, Arizona Revised Statutes, is amended by adding article 23, to read:
ARTICLE 23. WIRELESS TELEPHONE SERVICES
44-1799.71. Definitions
In this article, unless the context otherwise requires:
1. "Subscriber" means a person or entity who enters into a contract with a wireless telephone services provider for wireless telephone services.
2. "Wireless telephone number information" means the telephone number, electronic address and any other identifying information assigned by a wireless telephone services provider to a subscriber by which a calling party may reach a subscriber to wireless telephone services.
3. "Wireless telephone services" means commercial mobile radio services as defined in the federal telecommunications act (47 United States Code section 332c) and includes text messaging and all other communications available on cellular telephones.
4. "Wireless telephone services provider" or "services provider" means any entity that provides wireless telephone services in this state.
44-1799.72. Wireless telephone services; contracts; information; maps
A. A contract for wireless telephone services shall include:
1. Information on charges, including the calling-from area, the monthly base charge, per-minute charges for minutes not included in the plan and the method of calculating minutes charged.
2. Information on the minutes included in the plan, including weekdays, daytime, nights and weekends, or other differing charges and long‑distance, roaming, incoming and directory assistance charges.
3. Information on plan or contract terms, including the length of the contract, early or other termination fees, trial periods and start-up fees.
4. Information on taxes to be collected by the services provider and paid to a state, local or other governmental agency.
5. Information on surcharges imposed by the services provider for the costs of compliance with regulations or for other purposes.
B. Wireless telephone services providers shall also provide the information required by subsection A to a potential subscriber before entering into any contract with a subscriber for wireless telephone services.
C. Each services provider shall make available to a potential subscriber on request and to a subscriber at the time of contracting maps showing the wireless telephone service area of the services and the wireless telephone service area of the services provider in this state. The maps shall contain the maximum practicable level of granularity and shall be updated quarterly. Each map of a service area shall be available on the internet website of the services provider.
44-1799.73. Wireless contract length; changes; cancellation
A. A contract for wireless telephone services shall be for a term of not more than twelve months, except that on expiration of the contract the wireless telephone services provider may offer to the subscriber the right to renew the contract for a similar, shorter or longer period of not more than twelve months. An extension of a contract for wireless telephone services is not valid unless the extension is in writing and signed by the subscriber.
B. A wireless telephone services provider shall provide subscribers with written notice of any change in rates, terms or conditions of service at least thirty days before the change is to take effect. If any change will result in higher rates or more restrictions on service or otherwise will result in a material, adverse change for the subscriber, the subscriber, within the thirty day period, may terminate the service without penalty and receive a pro rata refund of the charges, if any, paid for the handset used for the services. The notice of change shall inform the subscriber of the right to terminate the contract, the right to a handset refund and the steps to take to implement the termination.
C. A contract for wireless services may be canceled on the request of the subscriber for any reason during the first thirty days. A wireless telephone services provider shall not charge a penalty or other costs to the subscriber for any cancellation during these thirty days, except that the subscriber is responsible for the cost of the services used during the time period the contract was in effect.
D. A subscriber may rescind a contract for wireless telephone services if the services provider violates any provision of the contract. The subscriber shall send a signed written notice by certified mail to the services provider either at the address specified in the contract or at the services provider's facility. Within thirty days after receipt of the notice of rescission, the services provider shall refund to the subscriber any monies due to the subscriber.
44-1799.74. Wireless services billing; contents; liability; termination
A. A wireless telephone services provider shall provide bills for wireless telephone services that are clearly organized and clearly describe in plain language the products and services for which charges are imposed.
B. Taxes and fees that are required by federal, state or local statute or regulation to be collected from the subscriber shall be set forth and itemized in a separate section of the bill. Any charge not required to be recovered from the subscriber may not be included in this section of the bill.
C. Roaming or off-network charges shall be itemized on the subscriber's bill within sixty days after the call is placed and shall identify the date and originating location of the call.
D. On request of a subscriber, a services provider shall provide an itemized bill to the subscriber at no cost.
E. Charges associated with the use of wireless telephone equipment or services shall not be the liability of the subscriber if the use was unauthorized by the subscriber due to loss or theft and if the subscriber promptly reported the loss or theft to the services provider.
F. A services provider shall not terminate a subscriber's service for nonpayment of disputed billing charges while the complaint is pending and for fifteen days after adjudication of the dispute if the subscriber pays the undisputed portions of any bill for service.
44-1799.75. Subscriber information; express consent to release; conditions; exceptions; immunity
A. A wireless telephone services provider, or any direct or indirect affiliate or agent of a provider, that provides the name and wireless telephone number information of a subscriber for inclusion in any directory, or that sells, leases, licenses or shares the contents of any directory database or any portion or segment of a directory database, shall not include the wireless telephone number information of any subscriber without first obtaining the express consent of that subscriber. The provider’s form for obtaining the subscriber’s express consent shall meet all of the following requirements:
1. Be a separate document that is not attached to any other document.
2. Be signed and dated by the subscriber.
3. Be unambiguous and legible and conspicuously disclose that, by signing, the subscriber is consenting to have the subscriber's wireless telephone number information sold or licensed as part of a list of subscribers or included in a publicly available directory.
4. If under the subscriber's calling plan the subscriber may be billed for receiving unsolicited calls or text messaging from a telemarketer, be unambiguous and legible and conspicuously disclose that, by consenting to have the subscriber's wireless telephone number information sold or licensed as part of a list of subscribers or included in a publicly available directory, the subscriber may incur additional charges for receiving unsolicited calls or text messages.
B. A subscriber who provides express prior consent pursuant to subsection A may revoke that consent at any time. A services provider shall comply with the subscriber's request to opt out within a reasonable period of time of not more than sixty days.
C. A subscriber shall not be charged for making the choice to not be listed in a directory.
D. A services provider shall not disclose to any consumer reporting agency subscriber information related to late fees, delinquencies or other penalties for termination of a contract pursuant to this section.
E. This section does not apply to the provision of wireless telephone number information to the following parties for the purposes indicated:
1. To any law enforcement agency, fire protection agency, public health agency, public environmental health agency, city or county emergency services planning agency or private for-profit agency operating under contract with, and at the direction of, one or more of these agencies for the exclusive purpose of responding to a 911 call or communicating an imminent threat to life or property.
2. To a lawful process issued under local, state or federal law.
3. To a telephone corporation providing service between service areas for the provision to the subscriber of telephone service between service areas, or to third parties for the limited purpose of providing billing services.
4. To a telephone corporation to effectuate a subscriber's request to transfer the subscriber's assigned telephone number from the subscriber's existing provider of telecommunications services to a new provider of telecommunications services.
F. A telephone corporation, or any official or employee of a telephone corporation, shall not be subject to criminal or civil liability for the release of subscriber information as authorized by this section.
44-1799.76. Telephones; warranties; replacement
A. A wireless telephone services provider shall not require a contract extension to get a replacement telephone under a warranty.
B. All replacement telephones received under a warranty shall be new telephones and not rebuilt telephones.
C. Denial of a replacement telephone under a warranty shall not be for unsubstantiated or unverified reasons. The services providers shall show that the defect is not covered by the warranty.
44-1799.77. Attorney general; reports; wireless telephone services
A. Wireless telephone services providers shall submit reports twice a year to the attorney general on the following:
1. Dropped calls.
2. Blocked calls.
3. Known coverage gaps, including average signal strength or dead zones.
4. Predicted street-level signal strength.
B. The attorney general shall monitor the quality of wireless telephone services provided in this state based on information in the reports.
Sec. 2. Short title
Title 44, chapter 11, article 23, Arizona Revised Statutes, as added by this act, may be cited as the "Cellphone Users' Bill of Rights".