SENATE DOCKET, NO. 364        FILED ON: 1/16/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1571

The Commonwealth of Massachusetts

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PRESENTED BY:

Cynthia S. Creem

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to wireless carrier contracts.

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PETITION OF:

SENATE DOCKET, NO. 364        FILED ON: 1/16/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1571

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act relative to wireless carrier contracts.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1:  Chapter 93 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting the following new sections:

Section 115: As used in sections 115-116, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:-

“Department”, the Department of Telecommunications and Cable.

“Mobile electronic device”, any hand-held or other portable electronic equipment capable of providing data communication between 2 or more persons, including, without limitation, a mobile telephone, a text messaging device, a paging device, a personal digital assistant, a laptop computer, electronic equipment that is capable of playing a video game or digital video disk, equipment on which digital photographs are taken or transmitted or any combination thereof, or equipment that is capable of visually receiving a television broadcast.

"Mobile telephone”, a handheld or portable cellular, analog, wireless, satellite or digital telephone, including a telephone with 2-way radio functionality, capable of sending or receiving telephone communications.

“Wireless device services”, wireless communication services or functions that are accessed from a mobile electronic device or mobile telephone, including but not limited to receiving or transmitting telephone calls, electronic data, e-mail, or text messages. 

“Wireless telephone service provider”, any entity that provides wireless telephone service within the commonwealth.

Section 116: (a) If a wireless telephone service provider offers fixed term contracts for wireless device services, then that wireless telephone service provider shall include a fixed term contract for wireless device services of one year as part of its wireless device service options.

(b) All contracts for a fixed term of wireless device service shall have the same monthly cost based on monthly minute usage and data usage, the number and type of mobile electronic devices, and other relevant factors in determining the cost of such service, regardless of the length of the fixed term.

(c) All contracts for a fixed term of wireless device service shall have the same fees and penalties regardless of the length of the fixed term.  

(d) If a wireless telephone service provider offers mobile electronic devices for free or for sale at a reduced price when purchased in conjunction with a contract for wireless device services for over one year, then that wireless telephone service provider shall also provide the same mobile electronic device at a proportionally reduced price when purchased with a one year fixed term contract for wireless device services. 

(e) The department is authorized to promulgate such rules and regulations as it deems necessary to implement the provisions of this section.