72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 3237
 
                         House Bill 3260
 
Sponsored by Representative BARNHART
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Establishes bill of rights for customers of telecommunications
providers.
 
                        A BILL FOR AN ACT
Relating to telecommunications.
  Whereas telecommunications has become a key part of the lives
of many, if not most, consumers; and
  Whereas consumers are frustrated at the lack of accountability,
responsiveness and accurate information coming from many
providers of telecommunications services; and
  Whereas a Telecommunications Consumers' Bill of Rights is
necessary to clearly state the performance that consumers can
expect from telecommunications providers and the services that
providers are required to give to their customers; now,
therefore,
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2003 Act is added to and made
a part of ORS chapter 759. + }
  SECTION 2.  { + Oregon telecommunications consumers have the
following rights:
  (1) All consumers have the right to an equal and affordable
opportunity to access basic local telephone service as a separate
and distinct service including, at a minimum, unlimited
voice-grade usage of the telecommunications network or networks
within the local calling area, single-party service, push-button
dialing service, a directory listing with home-based delivery of
that directory, access to a 9-1-1 emergency reporting system,
access to operator services, access to a telecommunications relay
service, access to affordable directory assistance and access to
long-distance networks. Low-income consumers and consumers who
live in high-cost areas are entitled to support to ensure
universal service, which must be competitively neutral and
cost-based.
  (2) All consumers have the right to an equal opportunity to
subscribe to basic local telephone service at an affordable flat
monthly rate based on the cost of providing that service.
  (3) All consumers have the right to be provided with
information that clearly describes a service and the price and
other terms on which the service is offered before subscribing to
the service. All consumers affected by a change in service or
price have a right to be notified in sufficient time before the
change to permit the consumer to terminate the service or select
an alternative service.
  (4) All consumers have the right to be accurately billed for
services that are authorized by consumers and to have
telecommunications providers provide clearly worded and
well-organized bills. Consumers have the right to dispute charges
or services listed on their bills and to have telecommunications
providers provide information on bills clearly explaining how and
where consumers can file disputes. Consumers have the right to
have telecommunications providers address disputes in a timely
manner and without harassment.
  (5) All consumers have a right to personal privacy with respect
to the content of their telecommunications and, to the extent
practicable, must be able to reject intrusive communications and
technology. Consumers have a right to complete control of
personal records and information and a right to protection from
any use of personal records and information, unless the customer
has expressly consented to the release of the records and
information or the use is required by law. Consumers have the
right to have telecommunications providers provide them with a
clear and concise written statement describing how
customer-specific information will be used, maintained and
disclosed.
  (6) All consumers have the right to the protections afforded by
effective regulation of monopoly and near-monopoly
telecommunications services until real and significant
competition develops for such services. Consumers must have
ongoing protection from anti-competitive practices in any
transitional or post-transitional marketplace. All consumers are
entitled to aggressive monitoring and enforcement of consumer
safeguards adopted by state and federal regulators.
  (7) All consumers must have the right to access to service that
meets or exceeds quality-of-service standards promulgated by
state and federal regulators. Consumers must be provided local
directories with a 24-hour repair service number. Consumers have
the right to request and promptly receive telecommunications
providers' annual quality of service reports. Consumers also have
the right to timely customer service by knowledgeable employees.
Consumers have the right to be treated with courtesy and respect
and to speak with a supervisor if dissatisfied with customer
service. Consumers have the right to a fair complaint process and
to be provided with the information about that process and how to
file a complaint. Consumers have the right to a customer-oriented
response for complaints within 48 hours.
  (8) All consumers have the right to participate in public
policy proceedings regarding telecommunications services and the
right to be informed of the means to participate. + }
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