PRIOR PRINTER'S NO. 744 PRINTER'S NO. 1742
No. 688 Session of 1999
INTRODUCED BY GREENLEAF, BELL, BOSCOLA, TOMLINSON, KUKOVICH,
MELLOW, BRIGHTBILL, CORMAN, COSTA, EARLL, FUMO, GERLACH,
HART, HELFRICK, HOLL, KASUNIC, LEMMOND, O'PAKE, SALVATORE,
SCHWARTZ, STOUT, TARTAGLIONE, THOMPSON AND SLOCUM,
MARCH 24, 1999
SENATOR BELL, CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, AS
AMENDED, MARCH 14, 2000
AN ACT
1 Requiring telecommunications carriers to change a subscriber's
2 carrier selection for local service and regional and long
3 distance toll service in accordance with the Federal
4 Communications Commission's verification procedures; and
5 imposing powers and duties on the Pennsylvania Public Utility
6 Commission.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Short title.
10 This act shall be known and may be cited as the Slamming
11 Prevention Act.
12 Section 2. Slamming prevention.
13 (a) General rule.--A telecommunications carrier that
14 provides telecommunications services in this Commonwealth may
15 only change a subscriber's selection of a provider of telephone
16 service in compliance with verification procedures promulgated
17 by the Federal Communications Commission. Telephone services to
18 which this section applies include local service, intraLATA or
1 regional toll service and interLATA or long distance toll
2 service.
3 (b) Liability for subscriber charges.--A telecommunications
4 carrier that violates the Federal Communications Commission's
5 verification procedures and that collects charges for telephone
6 exchange service or telephone toll service from a subscriber
7 shall be liable to the carrier previously selected by the <--
8 subscriber in an amount equal to all charges paid by the
9 subscriber after the violation, and any amount in excess of what <--
10 the subscriber would have paid to the previously selected
11 carrier shall be credited to the subscriber's account, in
12 accordance with the Federal Communications Commission's rules.
13 SUBSCRIBER AFTER THE VIOLATION. <--
14 (c) Slamming complaints and violations.--
15 (1) The Pennsylvania Public Utility Commission shall
16 require each carrier providing telecommunications service in
17 this Commonwealth to report annually to the Pennsylvania
18 Public Utility Commission the number of complaints made
19 against the carrier under subsection (a) and subsequent
20 violations by the carrier, as determined by the Federal
21 Communications Commission, involving consumers in this
22 Commonwealth. The report shall include notices of liability,
23 forfeitures and fines levied against the carrier by the
24 Federal Communications Commission.
25 (2) A carrier that experiences a substantial increase in
26 the number of annual violations under subsection (a) may be
27 subject to a procedural audit by the Pennsylvania Public
28 Utility Commission.
29 (d) Pennsylvania Public Utility Commission report.--The
30 Pennsylvania Public Utility Commission shall issue an annual
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1 report to the General Assembly on the administration and
2 enforcement of this act. The report shall include a listing, by
3 carrier, of violations under subsection (a). This report shall
4 be publicly posted by the Pennsylvania Public Utility Commission
5 on the Internet.
6 (e) Enforcement of verification procedures.--The
7 Pennsylvania Public Utility Commission may enforce the Federal
8 Communications Commission's verification procedures.
9 (f) Penalties.--In addition to any other provision of this
10 act, the Pennsylvania Public Utility Commission may enforce this
11 act by levying any civil penalty, suspending or revoking any
12 certificate of public convenience, or using any other
13 enforcement provision provided under 66 Pa.C.S. (relating to
14 public utilities).
15 Section 3. Effective date.
16 This act shall take effect in 60 days.
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