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H. B. No. 392 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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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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