Appendix C

Bill of Rights Language from May 2 ACR

The primary responsibility of the California Public Utilities Commission is to protect consumers. The Commission's role in regulating the communications industry in recent years has changed dramatically with the development of national networks and markets, intermodal competition and changes in technology. Technology convergence, in particular, has blurred the lines between traditional, regulated voice services and largely unregulated services such as wireless, Voice over Internet Protocol (VoIP) and cable telephony.

As competition increases and new technologies mature, the regulatory regime must transition from a prescriptive model designed for public utilities of the last generation to an empowerment model designed for consumer protection in a more diverse and competitive market. The current regulatory framework, which imposes different sets of rules on providers of the same service hinders competition and imposes unnecessary costs on consumers while providing no consumer protection. A new framework for consumer protection must be developed that sets forth basic rights and principles that allow consumers to make informed choices regardless of who the provider is or what technology they choose.

The single most effective consumer protection in a competitive market is freedom of choice. In order for consumers to exercise that choice, laws and regulations against fraudulent and deceptive practices must be strictly enforced and consumers must be empowered to make informed decisions about the products they buy and the terms and conditions of service for which they contract. To achieve these objectives the Commission adopts the following principles in this "Consumer Bill of Rights" as a framework for consumer protection and freedom of choice in a competitive telecommunications market.

Freedom of Choice:

· · Consumers have a right to select their services and vendors, and to have those choices respected by the industry.

· · Consumers have a right to access the lawful content of their choice, including voice services, over their broadband Internet connection without interference from the broadband provider.

· · Consumers have a right to select any voice service provider of their choice, including no voice services, separate from their broadband service provider.

· · Consumers have the right to change voice service providers within the same local area and keep the same phone number.

Disclosure:

· · Consumers have a right to receive clear and complete information about rates, terms and conditions for products and service plans they select, and to be charged only according to the rates, terms and conditions they have agreed to.

· · Consumers have a right to receive clear and complete information about any limitations affecting the services they select, including limitations on bandwidth, applications or devices that may be used in connection with their service.

Privacy:

· · Consumers have a right to personal privacy, to have protection from unauthorized use of their financial records and personal information, and to reject intrusive communications and technologies.

Public Participation and Enforcement:

· · Consumers have a right to participate in public policy proceedings affecting their rights, to be informed of their rights and what agencies enforce those rights, and to have effective recourse if their rights are violated.

Accurate Bills and Redress:

· · Consumers have a right to accurate and understandable bills for products and services they authorize, and to fair, prompt and courteous redress for resolving disputes and correcting errors.

Non-Discrimination:

· · Consumers have the right to be treated equally to all other similarly-situated consumers, free from prejudice or discrimination.

Public Safety:

· · Consumers have a right to maintain the safety and security of their person, property, and personal financial data.

· · Consumers have a right to expect that providers of voice services utilizing numbers from the North American Numbering Plan and connecting to the Public Switched Telephone Network will offer reliable connections to E911 emergency services and Public Safety Answering Points, and to clear and complete disclosure of any limitations on access to 911 emergency services through the use of those services.

In adopting these principles the Commission does not assert regulatory jurisdiction over broadband service providers, Internet Service Providers, Internet content or advanced services, or any other entity or service not currently subject to regulation by the California Public Utilities Commission. The CPUC reserves the right to enforce these principles on Commission-regulated entities and services and to seek delegated authority from the Federal Communications Commission to make adherence to these principles a condition for any provider seeking authorization to use resources assigned to California from the North American Numbering Plan (NANP).

The principles contained in this Consumer Bill of Rights and Freedom of Choice shall serve the same purpose as a statement of legislative intent and are not intended to create a private right of action to impose liability on carriers or other utilities for damages, which liability would not exist had these regulations not been adopted. Nor are they intended to contravene P.U. Code § 1759, as interpreted by San Diego Gas & Elec. Co. v. Superior Court, C 4th 893 (1996), Hartwell Corp. v. Superior Court, 27 C 4th 256 (2002), and People ex. Re. Orloff v. Pacific Bell, 31 C 4th 1132 (2003).]