06 LC 28
2945S
The
Senate Science and Technology Committee offered the following substitute to SB
395:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 5 of Title 46 of the Official Code of Georgia
Annotated, relating to general provisions concerning telephone and telegraph
service, so as to provide that all cellular telephone service providers in this
state shall offer consumers at least one service plan that does not require the
consumer to enter into a contract for service to receive cellular telephone
service; to provide for full disclosure of plans; to provide that no cellular
telephone service provider shall require that any of its subscribers enter into
an extension or renewal of an existing cellular telephone service contract in
order to obtain a change in the level or type of cellular telephone service
provided by such provider if such change is revenue neutral or results in
additional revenue for such provider; to provide for the cancellation or
suspension of such contracts under certain circumstances; to provide for the
form of such contracts; to provide for related matters; to provide for
applicability; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
1 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating
to general provisions concerning telephone and telegraph service, is amended by
adding a new Code Section 46-5-9 to read as follows:
"46-5-9.
(a)
On and after July 1, 2006, each cellular telephone service provider offering
cellular telephone service in this state must offer to consumers at least one
service plan option that does not require the consumer to enter into a contract,
other than a month-to-month contract, in order to receive cellular telephone
service from such provider. Each offer of cellular telephone service by a
cellular telephone service provider in this state shall provide a full written
disclosure to consumers of the various cellular telephone service plans offered
by the provider regardless of whether such offer is made in person or through
the Internet, including those service plans that do not require the consumer to
enter into a contract, other than a month-to-month contract, in order to receive
cellular telephone service from such provider, and shall obtain from the
consumer an acknowledgment by the consumer that the consumer has read and
reviewed the disclosure by signing the written disclosure if such disclosure is
made in person or by marking a box on the website or other similar type of
acknowledgment if such disclosure is made through the Internet.
(b)
On and after July 1, 2006, no cellular telephone service provider in this state
shall require that any subscriber enter into an extension or renewal of an
existing cellular telephone service contract in order to obtain a change in the
level or type of cellular telephone service provided to such subscriber by such
provider if such change is revenue neutral, results in additional revenue to
such provider, or does not provide such subscriber with other valuable
consideration. If such subscriber enters into a contract extension, the
cellular telephone service provider shall obtain a written acknowledgment from
such subscriber that the subscriber understands the terms of the contract
extension and consents to such contract extension.
(c)
On and after July 1, 2006, each contract for cellular telephone service that is
entered into in this state and that includes a provision for a discounted
cellular telephone shall also include a provision permitting the subscriber to
cancel such contract within two billing cycles, provided that such subscriber
pays the full retail cost for any cellular telephone provided by the cellular
telephone service provider under the contract.
(d)
On and after July 1, 2006, at the time of the execution of a contract for
cellular telephone service, each cellular telephone service provider shall
provide the subscriber with a map clearly delineating such
provideŕs
service and coverage area. In the event that such subscriber does not receive
adequate cellular telephone service within the service and coverage area
depicted on such map, such subscriber shall be permitted to cancel such contract
without penalty by notifying such provider in writing of such
cancellation.
(e)
On and after July 1, 2006, all contracts for cellular telephone service entered
into in this state shall be written in clear and simple language that a person
of average intelligence can understand. It is the intent of this subsection
that the contract shall be written so as to provide a full, clear, and
meaningful disclosure of the terms of the contract to the subscriber in a manner
such that the subscriber can fully understand the provisions of the contract and
that this subsection be liberally construed to effect this purpose.
(f)
On and after July 1, 2006, all contracts for cellular telephone service entered
into in this state shall permit the temporary suspension without charge for the
duration of the time period the subscriber is outside the United States of such
subscribeŕs
cellular telephone service contract if the subscriber, while on active military
duty, is sent outside the United States as a part of such military
duty.
(g)
This Code section shall not apply to any contracts that were in existence prior
to July 1,
2006."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.