SF 1862

Introduction - 83rd Legislature (2003 - 2004)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act
  1.2             relating to telecommunications; providing consumer 
  1.3             protections for wireless customers; proposing coding 
  1.4             for new law in Minnesota Statutes, chapter 237. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [237.82] [CUSTOMER PROTECTIONS FOR WIRELESS 
  1.7   CONSUMERS.] 
  1.8      Subdivision 1.  [DEFINITIONS.] The definitions in this 
  1.9   subdivision apply to this section. 
  1.10     (a) "Contract" means an oral or written agreement of 
  1.11  definite duration between a provider and a customer, detailing 
  1.12  the wireless telecommunications services to be provided to the 
  1.13  customer and the terms and conditions for provision of those 
  1.14  services. 
  1.15     (b) "Wireless telecommunications services" means commercial 
  1.16  mobile radio services as defined in Code of Federal Regulations, 
  1.17  title 47, part 20. 
  1.18     (c) "Provider" means a provider of wireless 
  1.19  telecommunications services. 
  1.20     (d) "Substantive change" means a modification to, or 
  1.21  addition or deletion of, a term or condition in a contract that 
  1.22  could result in an increase in the charge to the customer under 
  1.23  that contract.  "Substantive change" includes a modification in 
  1.24  the provider's administration of an existing contract term or 
  1.25  condition. 
  2.1      Subd. 2.  [COPY OF CONTRACT.] A provider must provide each 
  2.2   customer with a written copy of the contract between the 
  2.3   provider and the customer within 15 days of the date the 
  2.4   contract is entered into. 
  2.5      Subd. 3.  [NOTICE OF SUBSTANTIVE CHANGE; CUSTOMER MAY OPT 
  2.6   OUT.] A provider must notify the customer in writing of any 
  2.7   proposed substantive change in the contract between the provider 
  2.8   and the customer 60 days before that change is to take effect.  
  2.9   The customer may choose to opt out of and terminate the contract 
  2.10  without penalty within the 60-day notice period.  The choice to 
  2.11  opt out of and terminate the contract must be in writing.  If no 
  2.12  affirmative action is taken by the customer to opt out of and 
  2.13  terminate the contract, the customer is considered to have 
  2.14  agreed to the proposed substantive change and the contract is 
  2.15  considered modified. 
  2.16     Subd. 4.  [PENALTY.] The commission shall require a 
  2.17  provider found to have violated this section to pay a penalty of 
  2.18  $1,000 for each violation, to be deposited in the general fund. 
  2.19  The commission shall also require the provider to compensate the 
  2.20  customer $100 for each violation.  The commission shall require 
  2.21  these payments to be made within 30 days of the date of issuance 
  2.22  of the commission's order. 
  2.23     Sec. 2.  [EFFECTIVE DATE.] 
  2.24     Section 1 is effective the day following final enactment.