SB469-SA2-SA2,2,2015 196.202 (3) Consumer protection. (a) Notwithstanding any exemptions
16identified in this chapter, a commercial mobile radio service provider shall provide
17protection to its consumers under this section unless exempted in whole or in part
18by rule or order of the commission under this section. The commission shall
19promulgate rules that identify the conditions under which provisions of this section
20may be suspended.
SB469-SA2-SA2,2,2321 (b) On petition, the commission may grant an exemption from a requirement
22under this section upon a showing that the exemption is reasonable and not in
23conflict with the factors under s. 196.03 (6).
SB469-SA2-SA2,3,224 (c) On petition, the commission may grant an exemption from a requirement
25under this section retroactively if the application of the requirement would be unjust

1and unreasonable considering the factors under s. 196.03 (6) or other relevant
2factors.
SB469-SA2-SA2,3,43 (d) If the commission grants an exemption under this subsection, it may require
4the provider to comply with any condition necessary to protect the public interest.
SB469-SA2-SA2, s. 32j 5Section 32j. 196.202 (4) of the statutes is created to read:
SB469-SA2-SA2,3,76 196.202 (4) Prohibited practices: services. A commercial mobile radio service
7provider may not do any of the following:
SB469-SA2-SA2,3,138 (a) Refuse to interconnect within a reasonable time with another person to the
9same extent that the federal communications commission requires the commercial
10mobile radio service provider to interconnect. The public service commission may
11require additional interconnection based on a determination, following notice and
12opportunity for hearing, that additional interconnection is in the public interest and
13is consistent with the factors under s. 196.03 (6).
SB469-SA2-SA2,3,1514 (c) Impair the speed, quality or efficiency of services, products, or facilities
15offered to a consumer under a contract or price list.
SB469-SA2-SA2,3,1716 (d) Unreasonably refuse, restrict, or delay access by any person to a
17telecommunications emergency service.
SB469-SA2-SA2,3,2018 (e) Fail to provide a service, product, or facility to a consumer in accord with
19the commercial mobile radio service provider's applicable price lists or contracts and
20with the commission's rules and orders.
SB469-SA2-SA2,3,2521 (h) To the extent prohibited by the federal communications commission, or by
22the public service commission under rules promulgated consistent with the factors
23under s. 196.03 (6), give preference or discriminate in the provision of services,
24products, or facilities to an affiliate, or to the commercial mobile radio service
25provider's own or an affiliate's retail department that sells to consumers.
SB469-SA2-SA2,4,4
1(L) Fail to provide, or to terminate, any telecommunications service as
2necessary to comply with the minimum standards of service established by the
3commission with respect to technical service quality, deposits, disconnection, billing,
4and collection of amounts owed for services provided or to be provided.
SB469-SA2-SA2,4,95 (m) Provide telecommunications service to any person acting as a
6telecommunications utility, telecommunications provider, alternative
7telecommunications utility, or telecommunications carrier, if the commission has
8ordered the commercial mobile radio service provider to discontinue service to that
9person.
SB469-SA2-SA2,4,1010 (n) Provide telecommunications service in violation of s. 100.207.
SB469-SA2-SA2,4,1511 (o) Refuse to transfer or facilitate the transfer of the commercial mobile radio
12service provider's local exchange service customers to another telecommunications
13provider on the same terms and conditions as the telecommunications utility or
14telecommunications provider receives from any other telecommunications provider,
15unless such terms and conditions violate federal law.
SB469-SA2-SA2,4,1816 (q) 1. Except as provided in subds. 2. and 3., impose a late payment charge on
17a retail consumer at a rate that exceeds $1.50 upon $100 for each month computed
18upon the declining principal balance of any amount that is not paid when due.
SB469-SA2-SA2,4,2219 2. The commission may allow a commercial mobile radio service provider to
20impose a late payment charge at a rate that is greater than that allowed under subd.
211. if the commission determines that the greater amount is consistent with the
22factors specified in s. 196.03 (6).
SB469-SA2-SA2,4,2523 3. The commission does not have jurisdiction over late payment charges by a
24commercial mobile radio service provider except as may be necessary to enforce the
25requirements of this subsection and except as permitted under federal law.
SB469-SA2-SA2, s. 32L
1Section 32L. 196.202 (5) (title) of the statutes is repealed.
SB469-SA2-SA2, s. 32n 2Section 32n. 196.202 (5) of the statutes is renumbered 196.202 (4) (p) and
3amended to read:
SB469-SA2-SA2,5,54 196.202 (4) (p) A commercial mobile radio service provider may not charge
5Charge a customer for an incomplete call.
SB469-SA2-SA2, s. 32p 6Section 32p. 196.202 (6) of the statutes is created to read:
SB469-SA2-SA2,5,107 196.202 (6) Enforcement. (a) On the commission's own motion or upon
8complaint filed by the consumer, the commission shall have jurisdiction to take
9administrative action or to commence civil actions against commercial mobile radio
10service providers to enforce this section.
SB469-SA2-SA2,5,1511 (b) The commission may, at its discretion, institute in any court of competent
12jurisdiction a proceeding against a commercial mobile radio service provider for
13injunctive relief to compel compliance with this section, to compel the accounting and
14refund of any moneys collected in violation of this section or for any other relief
15permitted under this chapter.
SB469-SA2-SA2, s. 32r 16Section 32r. 196.202 (7) of the statutes is created to read:
SB469-SA2-SA2,5,2017 196.202 (7) Unfair trade practice enforcement. Upon receipt of a notice
18issued under s. 100.208, the commission may order a commercial mobile radio service
19provider to cease offering the telecommunications service that creates the unfair
20trade practice or method of competition.
SB469-SA2-SA2, s. 32t 21Section 32t. 196.202 (8) of the statutes is created to read:
SB469-SA2-SA2,5,2522 196.202 (8) Civil actions. (a) Upon a finding of a violation of this section by
23the commission, any person injured because of a violation of this section by a
24commercial mobile radio service provider may commence a civil action to recover
25damages or to obtain injunctive relief.
SB469-SA2-SA2,6,3
1(b) Upon request of the commission, the attorney general may bring an action
2to require a commercial mobile radio service provider to compensate any person for
3any pecuniary loss caused by the failure of the provider to comply with this section.
SB469-SA2-SA2, s. 32v 4Section 32v. 196.202 (9) of the statutes is created to read:
SB469-SA2-SA2,6,75 196.202 (9) Alternate dispute resolution. The commission shall establish by
6rule a procedure for alternative dispute resolution to be available for complaints filed
7against a commercial mobile radio service provider.".".
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