130th Ohio General Assembly
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H. B. No. 392  As Introduced
As Introduced

128th General Assembly
Regular Session
2009-2010
H. B. No. 392


Representative Yates 



A BILL
To enact section 4905.76 of the Revised Code to prohibit late charges on bills for telephone service, wireless service, and voice over internet protocol service.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4905.76 of the Revised Code be enacted to read as follows:
Sec. 4905.76.  (A) As used in this section:
(1) "Voice over internet protocol service" means a service that uses a broadband connection from an end user's location and enables real-time, two-way, voice communications that originate or terminate from the user's location using internet protocol or a successor protocol, including, but not limited to, any such service that permits an end user to receive calls from and terminate calls to the public switched network.
(2) "Wireless service" means federally licensed commercial mobile service as defined in the "Telecommunications Act of 1996," 110 Stat. 61, 151, 153, 47 U.S.C. 332(d) and further defined as commercial mobile radio service in 47 C.F.R. 20.3. Under division (A)(2) of this section, commercial mobile radio service is specifically limited to mobile telephone, mobile cellular telephone, paging, personal communications services, and specialized mobile radio service provided by a common carrier in this state and excludes fixed wireless service.
(3) "Wireless service provider" means a facilities-based provider of wireless service to one or more end users in this state.
(B) A public utility that is a telephone company shall not assess any late payment fee or charge or interest on a customer's bill for telephone service if a customer makes payment after the due date of the bill.
(C) No wireless service provider or provider of voice over internet protocol service shall assess any late payment fee or charge or interest on a customer's bill for wireless service or voice over internet protocol service if the customer makes payment after the due date of the bill. The prohibition in division (C) of this section shall apply to the extent permitted by federal law governing these services and service providers.
(D) The public utilities commission shall not approve either of the following:
(1) An application for a rate, joint rate, toll, classification, charge, or rental, or modification, amendment, change, increase, or reduction made for telephone service pursuant to section 4909.18 of the Revised Code if that application includes an assessment of any late payment fee, charge, or interest on a customer's bill if the customer makes a payment after the bill's due date.
(2) An application for the establishment of rates and charges for public telecommunications service pursuant to section 4927.04 of the Revised Code if that application includes an assessment of any late payment fee, charge, or interest on a customer's bill if the customer makes a payment after the bill's due date.
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