PRIOR PRINTER'S NO. 1280 PRINTER'S NO. 1996
No. 1091 Session of 1997
INTRODUCED BY GREENLEAF, DELP, KUKOVICH, TOMLINSON, BRIGHTBILL,
COSTA, EARLL, GERLACH, HOLL, KASUNIC, MUSTO, O'PAKE, RHOADES,
SALVATORE, THOMPSON, WHITE AND SLOCUM, SEPTEMBER 16, 1997
SENATOR BELL, CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, AS
AMENDED, MAY 5, 1998
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.--Telecommunications carriers that provide
14 telecommunications services in this Commonwealth may only change
15 a subscriber's selection of a provider of telephone service in
16 compliance with the verification procedures promulgated by the
17 Federal Communications Commission. Telephone services to which
18 this provision applies include local service, intraLATA or
19 regional toll service and interLATA or long distance toll
1 service.
2 (b) Liability for subscriber charges.--A telecommunications
3 carrier that violates the Federal Communications Commission's
4 verification procedures and that collects charges for telephone
5 exchange service or telephone toll service from a subscriber
6 shall be liable to the carrier previously selected by the
7 subscriber in an amount equal to all charges paid by the
8 subscriber after the violation, in accordance with the Federal
9 Communications Commission's rules.
10 (c) Slamming complaints and violations.--
11 (1) The Pennsylvania Public Utility Commission shall
12 require each carrier providing telecommunications service in
13 this Commonwealth to report annually to the Pennsylvania
14 Public Utility Commission the number of complaints MADE <--
15 AGAINST THE CARRIER under subsection (a) and subsequent
16 violations by the carrier, as determined by the Federal
17 Communications Commission, involving consumers in this
18 Commonwealth. The report must include notices of liability,
19 forfeitures and fines levied against the carrier by the
20 Federal Communications Commission.
21 (2) A carrier that experiences a substantial increase in
22 the number of annual violations under subsection (a) may be
23 subject to a procedural audit by the Pennsylvania Public
24 Utility Commission.
25 (d) Pennsylvania Public Utility Commission report.--The
26 Pennsylvania Public Utility Commission shall issue an annual
27 report to the General Assembly on the administration and
28 enforcement of this act. The report shall include a listing, by
29 carrier, of violations under subsection (a). This report shall
30 be publicly posted by the Pennsylvania Public Utility Commission
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1 on the Internet.
2 (e) Enforcement of verification procedures.--The
3 Pennsylvania Public Utility Commission is authorized to enforce
4 the Federal Communications Commission's verification procedures.
5 (f) Penalties.--In addition to any other provision of this
6 act, the Pennsylvania Public Utility Commission is authorized to
7 enforce this act by levying any civil penalty, suspending or
8 revoking any certificate of public convenience, or using any
9 other enforcement provision provided under 66 Pa.C.S. (relating
10 to public utilities).
11 (g) Regulations.--The Pennsylvania Public Utility Commission <--
12 shall establish additional requirements by regulation as it
13 determines to be necessary to implement this act and ensure the
14 protection of consumers.
15 Section 3. Effective date.
16 This act shall take effect in 60 days.
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