AB334: Bill Text

AB334,6,4 (6) Rules; mobile telephone service area maps. The department shall promulgate rules requiring mobile telephone service providers to prepare and, on a quarterly basis, update maps that show, to the maximum degree of precision that is practicable, their service areas for commercial mobile service. The rules shall require mobile telephone service providers to provide copies of the map to customers upon entering into contracts with customers, to provide updated copies without charge to customers upon request, and to make the maps available without charge to the public on the Internet.

AB334,6,7 (7) Rules; mobile telephone service quality reports. (a) The department shall promulgate rules that require a mobile telephone service provider to submit semiannual reports to the department describing all of the following information:

AB334,6,9 1. The number of dropped calls experienced by customers of the mobile telephone service provider.

AB334,6,11 2. The number of properly dialed calls that are not processed properly by the mobile telephone service provider.

AB334,6,14 3. Areas within the mobile telephone service provider's service area in which customers experience difficulty in obtaining access to the provider's commercial mobile service.

AB334,6,16 4. Street-level signal strength of commercial mobile service provided by the mobile telephone service provider.

AB334,6,18 5. Any other information determined by the department that relates to the quality of commercial mobile service.

AB334,6,20 (b) The rules under par. (a) may require mobile telephone service providers to report information on the basis of geographic areas specified in the rules.

AB334,7,6 (8) Initial right to terminate contract. A customer who has entered into a contract with a mobile telephone service provider to provide commercial mobile service may terminate the contract within 30 days after the customer first receives a bill from the mobile telephone service provider, if the customer notifies the mobile telephone service provider during that period. A mobile telephone service provider may not charge a customer a fee to terminate a contract under this subsection. Within 14 days after the customer terminates a contract under this subsection, the mobile telephone service provider shall refund to the customer any amounts paid to the mobile telephone service provider by the customer prior to terminating the contract, except any amounts owed by the customer for calls placed or received prior to terminating the contract.

AB334,7,10 (9) Disclosure of mobile telephone number without consent prohibited. (a) A mobile telephone service provider or affiliate or agent of a mobile telephone service provider may not disclose a customer's name or wireless telephone number to another without the customer's consent.

AB334,7,12 (b) A customer's consent under this subsection shall be evidenced by a form that meets all of the following requirements:

AB334,7,13 1. The form is not attached to any other document.

AB334,7,14 2. The form is signed and dated by the customer.

AB334,7,16 3. The form clearly and conspicuously discloses the person to whom the disclosure will be made and the purpose of the disclosure.

AB334,7,19 4. The form clearly and conspicuously discloses that, by signing, the customer consents to having the customer's mobile telephone number included in a mobile telephone directory that may be available to the public.

AB334,7,25 5. If the purpose of the disclosure is to include the customer's mobile telephone number in a directory, and if the mobile telephone service provider requires the customer to pay for calls or text messaging received by the customer from a telephone solicitor, the form clearly and conspicuously discloses that by consenting to disclosure the customer may incur additional charges for receiving unsolicited calls or text messages.

AB334,8,3 (c) A customer may revoke the customer's consent to disclosure under par. (a) at any time. A mobile telephone service provider shall comply with the customer's revocation within 60 days of receiving notice of the customer's revocation.

AB334,8,5 (d) A mobile telephone service provider may not impose an additional charge upon a customer because the customer does not consent to disclosure.

AB334,8,6 (e) This subsection does not apply to any of the following:

AB334,8,8 1. A disclosure made for the sole purpose of collecting a debt owed by the customer to the mobile telephone service provider.

AB334,8,11 2. A disclosure made for the sole purpose of responding to a call to an emergency services number under s. 146.70 or for the sole purpose of communicating an imminent threat to life or property.

AB334,8,12 3. A disclosure required by an order of a court or the department.

AB334,8,14 4. A disclosure made to another mobile telephone service provider that provides commercial mobile service to the customer.

AB334,8,16 5. A disclosure made to another for the sole purpose of billing the customer for commercial mobile service.

AB334,8,18 6. A disclosure made to a mobile telephone service provider to effectuate a customer's request to transfer the customer's wireless telephone number.

AB334,8,21 (10) Alteration by contract prohibited. The effect of this section may not be altered by contract or agreement. Any contract or agreement purporting to do so is void and unenforceable to that extent only.

AB334,8,24 (11) Enforcement. (a) A person who violates this section may be required to forfeit not less than $500 nor more than $5,000 or imprisoned in the county jail for not more than 6 months, or both, for each violation.

AB334,9,3 (b) The department shall enforce this section, and may bring an action to enjoin a violation of this section or a violation of rules promulgated by the department under this section.

AB334,9,9 (c) In addition to any other remedies, a customer who suffers damages as the result of a mobile telephone service provider's violation of this section or of any rule promulgated by the department under this section may bring an action against the violator for the amount of the customer's pecuniary loss or $500 for each violation, whichever is greater. Notwithstanding s. 814.04 (1), in an action under this paragraph, the court shall award a prevailing plaintiff reasonable attorney fees.

AB334,9,10 (End)