HB 695 – AS INTRODUCED
2007 SESSION
05/03
HOUSE BILL 695
AN ACT relative to regulation of wireless telephone service providers for consumer protection.
SPONSORS: Rep. McLeod, Graf 2; Rep. Kidder, Merr 1; Rep. Marshall Quandt, Rock 13; Sen. Burling, Dist 5
This bill regulates wireless telephone service providers by establishing certain disclosure requirements relative to billing practices, coverage maps, and the availability of 911 service. The bill also permits a consumer to cancel the contract 15 days after receiving the first bill without penalty. A violation of the chapter is a violation of the consumer protection act.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-0565
05/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to regulation of wireless telephone service providers for consumer protection.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Regulation of Wireless Telephone Services for Consumer Protection. Amend RSA by inserting after chapter 359-H the following new chapter:
CHAPTER 359-I
REGULATION OF WIRELESS TELEPHONE SERVICES
FOR CONSUMER PROTECTION
359-I:1 Notice Requirements. Any wireless telephone service provider doing business in this state shall provide for the timely written disclosure to each customer or potential customer of the following information concerning any plan or proposed plan offered for the provision of residential wireless telephone service to such customer:
I. The calling area for the plan.
II. The monthly access fee or base charge.
III. The number of airtime minutes included in the plan.
IV. Any night and weekend minutes included in the plan or other differing charges for differing time periods and the time periods when night and weekend minutes or other charges apply.
V. The charges for excess or additional minutes.
VI. Whether or not, and the extent to which, per-minute domestic or international long distance charges are included in other rates, and, to the extent not included, the applicable per-minute long distance rates.
VII. Per-minute roaming or off-network charges.
VIII. The amount of any additional taxes, fees, or surcharges that shall be collected or retained by the wireless telephone service provider.
IX. If the plan requires a fixed-term contract, the duration of such contract.
X. The amount of any early termination fee and the conditions under which any such early termination fee would apply, including the right to cancel under RSA 359-I:2.
XI. A statement notifying the customer whether the service includes basic or enhanced wireless 911 service.
XII. Maps displaying the wireless telephone service provider’s coverage outside the state, within the state, and within each county of the state in which the provider offers service. The county maps shall be of sufficient detail to identify all geographic areas larger than 4 square miles where wireless telephone service is not provided and shall be of sufficient detail to identify whether or not the customer shall be able to receive wireless telephone service at his or her primary residence. Such maps shall be prepared by each wireless telephone service provider in the state using generally accepted methodologies and standards.
359-I:2 Right to Cancel. The terms on which wireless telephone service is provided to any customer shall include a trial period which shall end no earlier than 15 days after the first billing cycle for such service. Cancellation during the trial period may be made for any reason, and shall be without a fee or additional charges. The right to a trial period shall be clearly set forth in the contract for wireless telephone services and shall be disclosed to the customer prior to the sale of such services.
359-I:3 Additional Billing Requirements.
I. The bill for wireless telephone service shall be clearly organized and shall clearly describe in plain language the products and services for which charges are imposed.
II. The bill for wireless telephone service shall contain only charges for products and services authorized by the customer.
III. Roaming charges shall be itemized on the customer’s bill within 60 days of the calls being placed, and such roaming charges shall identify the date and originating location of the call.
IV. Taxes and fees which are required by federal or state statute or regulation to be collected from the customer shall be set forth in a separate section of the bill.
V. Charges associated with the use of wireless telephone equipment or service shall not be the liability of the customer if such use was unauthorized by the customer due to loss or theft; provided that such loss or theft is promptly reported to the wireless telephone service provider.
359-I:4 Filing Requirement. Each wireless telephone provider shall file with the consumer protection and antitrust bureau of the department of justice the rates, charges, and rate plans offered by such provider to residential customers, provided, however, that no such informational filing requirement shall, directly or indirectly, regulate the entry of or the rates charged by any wireless telephone service provider.
359-I:5 Penalties. A violation of this chapter shall constitute an unfair or deceptive act or practice within the meaning of RSA 358-A:2. Any right, remedy, or power set forth in RSA 358-A may be used to enforce the provisions of this chapter.
2 Effective Date. This act shall take effect January 1, 2008.