2254-S AMH RUDE HARM 3

 

 


 

 


SHB 2254 - H AMD 0098 ADOPTED 03/18/99

By Representative Ruderman

     On page 2, line 1, after Afreeze.@ strike AAccount@ and insert APreferred carrier@

    

     On page 2, line 2, after Asolicitation@ insert Athereof@

    

     On page 2, line 3, after Asubject to@ strike Aan account@ and insert Aa preferred carrier@  

    

     On page 2, beginning on line 4, after Awhich@ strike Aan account@ and insert Aa preferred carrier@ 

 

     On page 2, line 7, after Acustomer=s@ strike Alocal or long- distance service@ and insert Atelecommunications services including without limitation local exchange service, intraLATA, interLATA, intrastate toll, interstate toll, or international toll service@

 

     On page 2, line 9, after Athat are@ strike Apurported to be@

 

     On page 2, line 11, after A(b)@ strike the remainder of subsection (b)and insert ABill block services. Customers may block the billing of nontelecommunication products or services or telecommunication services provided by a company other than the customer=s local exchange carrier or authorized long distance carrier.  On request of bill block services by the customer, service providers that are not affiliated with the local exchange carrier shall not submit charges to the local exchange carrier for nontelecommunications products, services or nonpresubscribed intrastate or interstate toll services.  For purposes of this subsection, nonpresubscribed intrastate or interstate toll services shall not include dial-around long distance or calling card services.@ 

 

     On page 2, line 23 after Aon a@ strike Aconsumer=s@ and insert Acustomer=s@

 


     On page 2, beginning on line 24, after Aon the bill the@  strike Abusiness name of the company making the charge, the specific product or service being billed for, separate identification of any optional products or services,@ and insert @company making the charge, the specific product, service, or package of services being billed for,@

 

     On page 2, line 30, after Ain a@ strike Asubscriber=s@ and insert Acustomer=s@

 

     On page 2, line 31 strike Asubscriber=s@ and insert Acustomer=s@

 

     On page 2, line 32, after Aon a@ strike Asubscriber=s@ and insert  Acustomer=s@

 

     On page 3, line 5, strike all material after A(2)@ through Acarrier.@ on line 15 and insert AThe carrier that a customer contacts to report an unauthorized change, whether that entity is the customer=s local exchange company, unauthorized carrier, or the customer=s authorized carrier shall immediately take appropriate action to return the customer to his or her authorized carrier.  The carrier that a customer calls to report an unauthorized change, whether that entity is the customer=s local exchange company, unauthorized carrier, or the customer=s authorized carrier is required to inform the customer that he or she is not required to pay for any unauthorized charges incurred for the first thirty days after the unauthorized charge.  The unauthorized carrier shall remove charges, if any, from the customer=s bill for charges incurred within the first thirty days of the unauthorized change and any charges required to return the customer to his or her properly authorized carrier.  The local exchange carrier, when serving as the billing agent, may independently carry out the provisions of this subsection.@

    

     On page 3, line 22, after Arules@ insert Anecessary@

 

     On page 3, line 23, after Aany@ strike Aother@

    

     On page 3, line 24, after Amay@ strike all material through penalties:@ on line 25 and insert Atake one or more of the following actions:@ 

 

     On page 3, line 27, after Aby the@ strike Asubscriber@ and insert Acustomer@

 

     On page 3, line 28, after Ato the@ strike Asubscriber@ and insert Acustomer@

 

     On page 3, line 32, after Aby the@ strike Asubscriber@ and insert Acustomer@

 

     On page 3, line 34, after ASec. 6.@ insert AThe legislature finds that the practices covered by section 4(1)(a) of this act are matters vitally affecting the public interest for purposes of applying the consumer protection act.@ 

 

 


     EFFECT:

#Creates consistent use of Acustomer@ throughout the bill.

#The change from account freeze service to preferred carrier service is to ensure consistency with the language used by the Federal Communications Commission. 

#Clarifies that the freeze service can apply separately to local exchange, intrastate, interstate, or international toll services.

#The amended bill block language clarifies that on request of a customer, service providers that are not affiliated with the local exchange carrier must not submit charges for blocked services.

#Dial around long distance and calling card services are not included as services that may be blocked from billing.

#Separates the responsibilities of the local exchange carrier and the unauthorized carrier as follows (although not required, the LEC may carry out any of the responsibilities of the unauthorized carrier independently): Any carrier, authorized or unauthorized is responsible for returning the customer to their authorized carrier. The unauthorized carrier must remove unauthorized charges incurred and any charges for switching the customer back to the original carrier. 

#As per the FCC rules, any carrier, authorized or unauthorized is responsible for notifying the customer that they are not responsible for unauthorized charges incurred for the first 30 days of the unauthorized period.

#Inserts language that properly triggers access to the consumer protection act.