5371.6
. (a) The Legislature finds and declares that advertising and
use of telephone service is essential for charter-party carriers of
passengers to obtain business and to conduct intrastate passenger
transportation services. Unlawful advertisements by unlicensed
charter-party carriers of passengers has resulted in properly
licensed and regulated charter-party carriers of passengers competing
with unlicensed charter-party carriers of passengers using unfair
business practices. Unlicensed charter-party carriers of passengers
have also exposed citizens of the state to unscrupulous persons who
portray themselves as properly licensed, qualified, and insured
charter-party carriers of passengers. Many of these unlicensed
charter-party carriers of passengers have been found to have operated
their vehicles without insurance or in an unsafe manner, placing the
citizens of the state at risk.
(b) (1) The Legislature finds and declares that the termination of
telephone service utilized by unlicensed charter-party carriers of
passengers is essential to ensure the public safety and welfare.
Therefore, the commission should take enforcement action as specified
in this section to disconnect telephone service of unlicensed
charter-party carriers of passengers who unlawfully advertise
passenger transportation services in yellow page directories and
other publications. The enforcement actions provided for by this
section are consistent with the decision of the California Supreme
Court in Goldin v. Public Utilities Commission (1979) 23 Cal.3d 638.
(2) For purposes of this section, a telephone corporation or
telegraph corporation, or a corporation that holds a controlling
interest in the telephone or telegraph corporation, or any business
that is a subsidiary or affiliate of the telephone or telegraph
corporation, that has the name and address of the subscriber to a
telephone number being used by an unlicensed charter-party carrier of
passengers shall provide the commission, or an authorized officer or
employee of the commission, upon demand, and the order of a
magistrate, access to this information. A magistrate may only issue
an order, for the purposes of this subdivision, if the magistrate has
made the findings required by subdivision (c).
(c) A telephone or telegraph corporation shall refuse telephone
service to a new subscriber and shall disconnect telephone service of
an existing subscriber only after it is shown that other available
enforcement remedies of the commission have failed to terminate
unlawful activities detrimental to the public welfare and safety, and
upon receipt from any authorized officer or employee of the
commission of a writing, signed by a magistrate, as defined by
Sections 807 and 808 of the Penal Code, finding that probable cause
exists to believe that the subscriber is advertising or holding out
to the public to perform, or is performing, charter-party carrier of
passengers transportation services without having in force a permit
or certificate issued by the commission authorizing those services,
or that the telephone service otherwise is being used or is to be
used as an instrumentality, directly or indirectly, to violate or to
assist in violation of the laws requiring a charter-party carrier of
passengers permit or certificate. Included in the writing of the
magistrate shall be a finding that there is probable cause to believe
that the subject telephone facilities have been or are to be used in
the commission or facilitation of holding out to the public to
perform, or in performing, charter-party carrier of passengers
transportation services without having in force a permit or
certificate issued by the commission authorizing those services, and
that, absent immediate and summary action, a danger to public welfare
or safety will result.
(d) Any person aggrieved by any action taken pursuant to this
section shall have the right to file a complaint with the commission
and may include therein a request for interim relief. The commission
shall schedule a public hearing on the complaint to be held within 21
calendar days of the filing and assignment of a docket number to the
complaint. The remedy provided by this section shall be exclusive.
No other action at law or in equity shall accrue against any
telephone or telegraph corporation because of, or as a result of, any
matter or thing done or threatened to be done pursuant to this
section.
(e) At any hearing held on a complaint filed with the commission
pursuant to subdivision (d), the commission staff shall have the
right to participate, including the right to present evidence and
argument and to present and cross-examine witnesses. The commission
staff shall have both the burden of providing that the use made or to
be made of the telephone service is to hold out to the public to
perform, or to assist in performing, services as a charter-party
carrier of passengers, or that the telephone service is being or is
to be used as an instrumentality, directly or indirectly, to violate
or to assist in violation of the certification or permitting
requirements applicable to charter-party carriers of passengers and
that the character of the acts are such that, absent immediate and
summary action, a danger to public welfare or safety will result, and
the burden of persuading the commission that the telephone services
should be refused or should not be restored.
(f) The telephone or telegraph corporation, immediately upon
refusal or disconnection of service in accordance with subdivision
(c), shall notify the subscriber in writing that the refusal or
disconnection of telephone service has been made pursuant to a
request of the commission and the writing of a magistrate, and shall
include with the notice a copy of this section, a copy of the writing
of the magistrate, and a statement that the customer or subscriber
may request information from the commission at its San Francisco or
Los Angeles office concerning any provision of this section and the
manner in which a complaint may be filed.
(g) The provisions of this section are an implied term of every
contract for telephone service. The provisions of this section are a
part of any application for telephone service. Applicants for, and
subscribers and customers of, telephone service have, as a matter of
law, consented to the provisions of this section as a consideration
for the furnishing of the telephone service.
(h) As used in this section, the terms "person," "customer," and
"subscriber" include a subscriber to telephone service, any person
using the telephone service of a subscriber, an applicant for
telephone service, a corporation, as defined in Section 204, a
"person" as defined in Section 205, a limited liability company, a
partnership, an association, and includes their lessees and assigns.
(i) (1) As used in this section, "telephone corporation" means a
"telephone corporation" as defined in Section 234.
(2) As used in this section, "telegraph corporation" means a
"telegraph corporation" as defined in Section 236.
(j) As used in this section, "authorized officer or employee of
the commission" includes the executive director of the commission or
any commission employee designated pursuant to paragraph (5) of
subdivision (a) of Section 830.11 of the Penal Code.