Relates to residential wireless telephone service; disclosure, notification and consumer protection requirements in wireless telecommunications consumer transactions; plain language disclosures to each customer or potential customer; requires clear billing; trial period lasts for 15 days past first bill; consumer complaints to consumer protection board; establishes rules and regulations.
TITLE OF BILL: An act to amend the general business law and the public service law, in relation to the provision of residential wireless telephone service
PURPOSE OR GENERAL IDEA OF BILL: This bill enacts the "wireless telephone consumer protection act" providing consumer protections such as disclosure of terms and conditions of services and charges.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill is the short title.
Section 2 of the bill is the statement of legislative findings and purpose.
Section 3 of the bill amends the General Business Law by adding a new section 398-e, which establishes wireless telephone fair practices, and a complaint process with the Consumer Protection Board. New GEL
§ 398-e has 8 subdivisions. Subdivision 1 sets out definitions. Subdivision 2 requires disclosure of calling plans, monthly fees, airtime minutes, additional charges, termination fees, length of trial periods, E-911 service, and coverage maps and areas. It also requires a good faith estimate of the anticipated total monthly bill. Subdivision 3 requires clearly organized wireless bills with billing that is done in plain language. Subdivision 4 of new GEL § 398-e requires a trial use period of fifteen days after the first monthly bill has been issued. A customer may cancel within the fifteen day trial period without a termination fee. Subdivision 5 gives the Consumer Protection Board's executive director authority to receive and resolve consumer complaints, subpoena power, and authority to assess civil penalties for violations. Subdivisions 6, 7 and 8 provide for reporting, applicability and severability.
Section 4 of the bill amends paragraph (a) of subdivision 6 of section 5 of the Public Service Law.
Section 5 of the bill is the effective date.
JUSTIFICATION: The rapid development of wireless telephone technologies has increased the affordability and use of the services, and as a result, many consumers now use cell phones as a primary mode of communication. Many other customers, especially older ones, use cell phones primarily for safety in the event of emergencies during travel. The wireless industry has evolved to the point where different providers offer various calling plans, rates and other services. However, many consumers find the plethora of plans confusing and providers do not always fully disclose the terms of service. Lack of full disclosure can make it difficult to evaluate calling plans or to compare different plans.
Moreover, wireless plans often lock consumers into long term contracts with high cancellation costs.
The Wireless Telephone Consumer Protection Act (the Act) will give the Consumer Protection Board authority to regulate wireless telephone service providers with respect to consumer protections, to establish and administer a consumer complaint resolution process, and to assess administrative penalties for noncompliance with the Act or implementing regulations or orders. The legislation would also provide specific protections for consumers, including the right to cancel service without any termination fees within 15 days after the first wireless telephone bill has been issued to the customer. This provision would give a meaningful remedy to the customer who receives a bill that is significantly higher than expected, or advertised. The Act would require providers to disclose detailed coverage showing where cell phone service is and is not available, a significant issue for customers who buy cell phones for safety when driving. Other protections include: requiring upfront disclosure of monthly fees, taxes, surcharges and additional charges for using the cell phone, a formal consumer complaint process at the Consumer Protection Board, information regarding basic and enhanced wireless 911 service, good faith estimates of anticipated monthly bills, and clearly organized bills written in plain language.
In March 2006, the Assembly Committee on Consumer Affairs and Protection held a public hearing at which both industry and consumer representatives testified, as did a representative of the New York State Consumer Protection Board (the CPB). As part of his overview, the CPB representative noted that in 2004, the latest year for which data had been published, the Better Business Bureau reported that it received more complaints about wireless telephone service than it did for any other industry, In 2012 this information has not changed by much, telephone service is in the top 3. Similarly, the Consumer Federation of America showed that complaints about phone service were among the most frequently occurring categories of complaints (see Consumer Federation of America North American Consumer Protection Investigators 2011 Consumer Complaint Survey Report at http://www.consumerfed.org/pdfs/Studies.Top10ConsumerComplaintSurvey 7.31.12.pdf.) (last visited 1/4/13). The CPB representative also noted that at the CPB the volume of complaints about wireless service had remained steady for the last several years, both in terms of absolute numbers and percentage of complaints. He estimated that two-thirds of consumer complaints concern billing or rate issues, with the remaining complaints concerning quality of service, dissatisfaction with industry responses to inquiries or complaints, and general lack of information about how and where to file a consumer complaint. With respect to billing, one 0 f the most common complaints has been that rates and fees are higher than consumers understood they would be at the time of purchase. As noted above, the specific provisions of the Act, especially up front disclosure, a formal consumer complaint process at the CPB, and the trial Period ending 15 days after the first bill to the consumer, would address a substantial majority of the complaints described at the 2006 hearing.
PRIOR LEGISLATIVE HISTORY: 2011-12: S.1480/A.4364 - Referred to consumer protection
2009-10: S.4391/A.7549 - REFERRED TO CONSUMER PROTECTION/Referred to Consumer Affairs and Protection.
Similar legislation was introduced as A.2030-A/S.3293-A (passed Assembly 2007, to third reading 2008); A.8539A/S.8501 (referred to Consumer Affairs and Protection 2005, passed Assembly 2006).
The current bill keeps important consumer protections afforded by the previously introduced bill, gives the Consumer Protection Board more flexibility about record-keeping and reporting related to consumer complaints about cell phone service, and strengthens the Consumer Protection Board's enforcement powers regarding violations of the bill's provisions.
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act shall take effect 180 days after it shall have become a law; Provided that the Consumer Protection Board is authorized, prior to the effective date, to promulgate rules and regulations and take any other measures necessary to implement the act on the effective date.
STATE OF NEW YORK ________________________________________________________________________ 1838 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sens. PARKER, HASSELL-THOMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law and the public service law, in relation to the provision of residential wireless telephone service THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be cited as the "wireless telephone service consumer protection act". S 2. Statement of legislative findings and purpose. The legislature finds that residential consumers in New York are offered the opportunity to purchase wireless telephone service from a variety of service provid- ers and that the conduct of such providers in making and implementing these offers varies widely. In many instances, consumers are required to evaluate service offerings without receiving a full and fair disclosure of the terms of the service offering or an adequate means to evaluate the offering in practice. The purpose of this legislation is to provide a regulatory program for wireless telephone service provider conduct and for the terms and conditions of such service other than the entry of or the rates charged by any such provider. S 3. The general business law is amended by adding a new section 398-e to read as follows: S 398-E. DISCLOSURE, NOTIFICATION AND CONSUMER PROTECTION REQUIREMENTS IN WIRELESS TELECOMMUNICATIONS CONSUMER TRANSACTIONS. 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "AUTHORIZED RETAILER" MEANS A RETAILER AUTHORIZED BY A WIRELESS TELEPHONE SERVICE CARRIER, INCLUDING RESELLERS OF WIRELESS TELEPHONE SERVICE PROVIDED BY A WIRELESS TELEPHONE SERVICE CARRIER, TO BE AN AGENT OF SUCH WIRELESS TELEPHONE CARRIER OR RESELLER.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05389-01-3 S. 1838 2
(B) "DIVISION" MEANS THE CONSUMER PROTECTION DIVISION. (C) "ENHANCED WIRELESS 911 SERVICE" MEANS THE SERVICE REQUIRED TO BE PROVIDED BY WIRELESS TELEPHONE SERVICE PROVIDERS PURSUANT TO THE FCC ORDER. (D) "FCC ORDER" MEANS ALL ORDERS ISSUED BY THE FEDERAL COMMUNICATIONS COMMISSION PURSUANT TO THE PROCEEDING ENTITLED "REVISION OF THE COMMIS- SION'S RULE TO ENSURE COMPATIBILITY WITH ENHANCED 911 EMERGENCY CALLING SYSTEMS (CC DOCKET NO. 94-102; RM-8143) OR ANY SUCCESSOR PROCEEDING, REGARDING THE DELIVERY OF ANI AND ALI AS OF THE DATES AND ACCORDING TO THE OTHER CRITERIA ESTABLISHED THEREIN AND THE RULES ADOPTED BY THE FEDERAL COMMUNICATIONS COMMISSION IN ANY SUCH PROCEEDING, AS SUCH RULES MAY BE AMENDED FROM TIME TO TIME. (E) "SECRETARY" MEANS THE SECRETARY OF THE CONSUMER PROTECTION DIVI- SION. (F) "SERVICE PLAN" MEANS A CONTRACT ENTERED INTO BETWEEN A WIRELESS TELEPHONE SERVICE CARRIER AND A RETAIL CUSTOMER FOR THE PROVISION OF WIRELESS TELEPHONE SERVICE OVER A MUTUALLY AGREED UPON PERIOD OF TIME. (G) "WIRELESS TELEPHONE SERVICE" MEANS A TWO-WAY REAL TIME VOICE TELE- COMMUNICATIONS SERVICE THAT IS INTERCONNECTED TO A PUBLIC SWITCHED TELE- PHONE NETWORK AND IS PROVIDED BY A COMMERCIAL MOBILE RADIO SERVICE, AS SUCH TERM IS DEFINED BY 47 C.F.R. SECTION 20.3; PROVIDED, HOWEVER, FOR THE PURPOSES OF THIS SECTION, THE TERM WIRELESS TELEPHONE SERVICE SHALL NOT INCLUDE A PREPAID CALLING SERVICE AS THAT TERM IS DEFINED IN SECTION NINETY-TWO-F OF THE PUBLIC SERVICE LAW. (H) "WIRELESS TELEPHONE SERVICE CARRIER" MEANS A COMMERCIAL MOBILE RADIO SERVICE PROVIDER OF WIRELESS TELEPHONE SERVICE AS SUCH TERM IS DEFINED IN THE UNITED STATES CODE OF FEDERAL REGULATIONS 47 C.F.R. 20.3 OR A RESELLER OF WIRELESS TELEPHONE SERVICE PROVIDED BY A COMMERCIAL MOBILE RADIO SERVICE AS DEFINED BY SUCH 47 C.F.R 20.3. 2. DISCLOSURE REQUIREMENTS. (A) EVERY WIRELESS TELEPHONE SERVICE PROVIDER AND AUTHORIZED RETAILER SHALL MAKE AVAILABLE CLEAR, CONSPICU- OUS, PLAIN LANGUAGE DISCLOSURES TO EACH CUSTOMER OR POTENTIAL CUSTOMER AT RETAIL SALES LOCATIONS OF SUCH WIRELESS TELEPHONE CARRIER OR AUTHOR- IZED RETAILER AND ON ANY INTERNET WEBSITE WHERE A WIRELESS TELEPHONE SERVICE PLAN CAN BE ENTERED INTO, OF THE FOLLOWING INFORMATION CONCERN- ING ANY PLAN OR PROPOSED PLAN OFFERED FOR THE PROVISION OF RESIDENTIAL WIRELESS TELEPHONE SERVICE TO SUCH CUSTOMER: I. THE CALLING AREA FOR THE PLAN; II. THE MONTHLY ACCESS FEE OR BASE CHARGE; III. THE NUMBER OF AIRTIME MINUTES INCLUDED IN THE PLAN; IV. ANY NIGHT AND WEEKEND MINUTES INCLUDED IN THE PLAN OR OTHER DIFFERING CHARGES FOR DIFFERENT TIME PERIODS AND THE TIME PERIODS WHEN NIGHT AND WEEKEND MINUTES OR OTHER CHARGES APPLY; V. THE CHARGES FOR EXCESS OR ADDITIONAL MINUTES; VI. WHETHER OR NOT, AND THE EXTENT TO WHICH, PER-MINUTE DOMESTIC OR INTERNATIONAL LONG DISTANCE CHARGES ARE INCLUDED IN OTHER RATES, AND, TO THE EXTENT NOT INCLUDED, THE APPLICABLE PER-MINUTE LONG DISTANCE RATES; VII. PER-MINUTE ROAMING OR OFF-NETWORK CHARGES; VIII. THE AMOUNT OF ANY ADDITIONAL TAXES, FEES, OR SURCHARGES THAT WILL BE COLLECTED OR RETAINED BY THE WIRELESS TELEPHONE SERVICE PROVID- ER; IX. IF THE PLAN REQUIRES A FIXED-TERM CONTRACT, THE DURATION OF SUCH CONTRACT; X. THE AMOUNT OF ANY EARLY TERMINATION FEE AND THE CONDITIONS UNDER WHICH ANY SUCH EARLY TERMINATION FEE WOULD APPLY, INCLUDING THE LENGTH OF ANY TRIAL PERIOD DURING WHICH NO EARLY TERMINATION FEE WOULD APPLY;S. 1838 3
XI. A STATEMENT NOTIFYING THE CUSTOMER THAT THE SERVICE INCLUDES BASIC WIRELESS 911 SERVICE; XII. THE INFORMATION WHICH IS INCLUDED IN THE EDUCATIONAL PLAN FOR INFORMING THE PUBLIC ABOUT THE ENHANCED WIRELESS 911 SERVICE IN NEW YORK STATE REQUIRED BY SUBDIVISION EIGHT OF SECTION THREE HUNDRED TWENTY-EIGHT OF THE COUNTY LAW AND WHICH IS AN EXPLANATION OF THE ENHANCED WIRELESS 911 SYSTEM AND A PROGRESS REPORT ON THE COUNTY-BY-COUNTY IMPLEMENTATION OF THE STATEWIDE SYSTEM AND THE TOLL-FREE HOTLINE AND WEBSITE INFORMATION TO PERMIT THE CONSUMER TO ACCESS SUCH INFORMATION VIA THE INTERNET IN ACCORDANCE WITH SUBDIVISION EIGHT OF SECTION THREE HUNDRED TWENTY-EIGHT OF THE COUNTY LAW; XIII. A COVERAGE MAP PREPARED BY THE PROVIDER USING GENERALLY ACCEPTED INDUSTRY METHODOLOGIES AND STANDARDS; AND XIV. BASED UPON CUSTOMER SUPPLIED INFORMATION REGARDING ANTICIPATED USAGE PATTERNS, A GOOD FAITH ESTIMATE OF THE MONTHLY FIXED AND USAGE CHARGES AND ADDITIONAL TAXES, FEES, OR SURCHARGES AND OF THE ANTICIPATED TOTAL MONTHLY BILL FOR SUCH CUSTOMER UNDER SUCH PLAN, EXCEPT THAT THIS PROVISION SHALL NOT APPLY TO WIRELESS SERVICE THAT IS PRE-PAID PRIOR TO ACTIVATION OF SERVICE AND THAT IS NOT SUBJECT TO MONTHLY BILLING AFTER ACTIVATION OF SERVICE. (B) AT THE TIME A CUSTOMER INITIATES A WIRELESS SERVICE PLAN, THE CARRIER SHALL, OR IF THE CUSTOMER INITIATES A WIRELESS SERVICE PLAN THROUGH AN AUTHORIZED RETAILER, THE AUTHORIZED RETAILER SHALL, PROVIDE OR CONFIRM IN WRITING ALL OF THE INFORMATION REQUIRED IN PARAGRAPH (A) OF THIS SUBDIVISION AS IT APPLIES TO THE SPECIFIC CONTRACT ENTERED INTO BY THE NEW CUSTOMER PRIOR TO THE FINALIZATION OF THE TRANSACTION, PROVIDED, HOWEVER WHEN AN EXISTING CUSTOMER OF A WIRELESS SERVICE CARRI- ER AGREES TO A CHANGE IN SERVICE WHICH RESULTS IN AN EXTENSION OF A CONTRACT BETWEEN THE CUSTOMER AND SUCH CARRIER, THE CARRIER SHALL PROVIDE OR CONFIRM SUCH CHANGE IN SERVICE. 3. BILLING. EXCEPT FOR WIRELESS SERVICE THAT IS PRE-PAID PRIOR TO ACTIVATION OF SERVICE AND THAT IS NOT SUBJECT TO MONTHLY BILLING AFTER ACTIVATION OF SERVICE, WIRELESS TELEPHONE SERVICE CARRIERS' BILLING STATEMENTS SHALL: (A) BE CLEARLY ORGANIZED AND DESCRIBE IN PLAIN LANGUAGE THE PRODUCTS AND SERVICES FOR WHICH CHARGES ARE IMPOSED; (B) DISTINGUISH CHARGES THAT ARE DIRECTLY RELATED TO SERVICE AND FEATURES RETAINED BY THE CARRIER FROM TAXES, FEES AND OTHER CHARGES THAT ARE COLLECTED AND REMITTED BY THE CARRIER TO ANY FEDERAL, STATE OR LOCAL GOVERNMENT ENTITY; (C) NOT INCLUDE ANY CHARGES OR FEES FOR PRODUCTS AND SERVICES UNLESS AUTHORIZED BY THE CUSTOMER; (D) ITEMIZE ROAMING CHARGES WITHIN SIXTY DAYS OF THE CALL BEING PLACED AND IDENTIFY THE DATE AND ORIGINATING LOCATION OF THE CALL; (E) INCLUDE THE TOLL-FREE NUMBER MAINTAINED BY THE DIVISION WHICH RECEIVES COMPLAINTS FROM WIRELESS TELEPHONE SERVICE CUSTOMERS RELATING TO THEIR WIRELESS SERVICE; AND (F) FOR THE PURPOSES OF THIS SUBDIVISION, WIRELESS TELEPHONE SERVICE CARRIERS MAY NOT LABEL COST RECOVERY FEES OR CHARGES AS TAXES. 4. TRIAL PERIOD. THE TERMS ON WHICH WIRELESS TELEPHONE SERVICES ARE PROVIDED TO ANY CUSTOMER SHALL INCLUDE A TRIAL PERIOD WHICH SHALL END NO EARLIER THAN FIFTEEN DAYS AFTER THE FIRST BILL IS RENDERED TO SUCH CUSTOMER FOLLOWING SERVICE ACTIVATION AND DURING WHICH PERIOD SUCH CUSTOMER MAY, AFTER PAYMENT FOR SERVICES USED, TERMINATE SUCH SERVICE WITHOUT INCURRING ANY TERMINATION FEES OR CHARGES OR ANY OTHER PENALTY OF ANY KIND, AND MAY, UPON RETURN OF ANY HANDSET BOUGHT OR LEASED INS. 1838 4
CONNECTION WITH SUCH SERVICE, RECEIVE A PRO RATED REFUND OF ANY AMOUNTS PAID FOR SUCH A HANDSET. 5. CONSUMER COMPLAINTS; IMPLEMENTING REGULATIONS; PENALTIES FOR VIOLATIONS. (A) WIRELESS TELEPHONE SERVICE CUSTOMERS MAY FILE COMPLAINTS RELATED TO THEIR WIRELESS SERVICE WITH THE SECRETARY OF THE DIVISION, WHO IS AUTHORIZED TO RESOLVE SUCH COMPLAINTS. THE SECRETARY OR HIS OR HER DESIGNEE IS AUTHORIZED TO CONDUCT SUCH INVESTIGATIONS AS MAY BE NECESSARY TO RESOLVE SUCH COMPLAINTS, TO ADMINISTER OATHS AND TAKE AFFI- DAVITS IN RELATION TO ANY MATTER OR PROCEEDING IN THE EXERCISE OF POWERS AND DUTIES UNDER THIS SECTION, AND TO SUBPOENA AND REQUIRE THE ATTEND- ANCE OF WITNESSES AND THE PRODUCTION OF BOOKS, PAPERS, CONTRACTS AND ANY OTHER DOCUMENTS PERTAINING TO ANY INVESTIGATION CONDUCTED PURSUANT TO THIS SECTION. IF ANY PERSON REFUSES TO COMPLY WITH A SUBPOENA ISSUED UNDER THIS PARAGRAPH, THE SECRETARY MAY PETITION A COURT OF COMPETENT JURISDICTION TO ENFORCE THE SUBPOENA AND FOR SUCH SANCTIONS AS THE COURT MAY ORDER. (B) THE SECRETARY SHALL PROMULGATE ANY RULES AND REGULATIONS NECESSARY TO IMPLEMENT THIS SECTION AND IS FURTHER AUTHORIZED TO ISSUE ANY ORDERS NECESSARY TO ENFORCE THIS SECTION AND SUCH RULES AND REGULATIONS. EXCEPT AS SHALL BE PRE-EMPTED BY FEDERAL LAW REGULATING WIRELESS TELEPHONE SERVICE PROVIDERS, SUCH RULES AND REGULATIONS SHALL BE CONSISTENT WITH FEDERAL LAW REGULATING WIRELESS TELEPHONE SERVICE OR PROVIDERS OF WIRE- LESS TELEPHONE SERVICE. (C) THE SECRETARY MAY ASSESS A CIVIL PENALTY NOT TO EXCEED TWO THOU- SAND DOLLARS PER VIOLATION AGAINST ANY WIRELESS TELEPHONE SERVICE PROVIDER OR AUTHORIZED RETAILER THAT NEGLECTS OR KNOWINGLY FAILS TO COMPLY WITH ANY REQUIREMENT OF THIS SECTION, OF REGULATIONS PROMULGATED UNDER THIS SECTION, OR OF ANY ORDER OF THE SECRETARY IMPLEMENTING OR ENFORCING THIS SECTION OR REGULATIONS PROMULGATED THEREUNDER. ALL MONEYS RECOVERED FROM ANY SUCH PENALTY SHALL BE PAID INTO THE STATE TREASURY TO THE CREDIT OF THE GENERAL FUND. 6. REPORTING. AT LEAST ANNUALLY THE DIVISION SHALL REPORT CUSTOMER COMPLAINTS BY CARRIER REGARDING WIRELESS TELEPHONE SERVICE IN THE STATE. SUCH REPORT SHALL INCLUDE INFORMATION ON CARRIER CUSTOMER COMPLAINTS FILED WITH AND RESOLVED BY THE SECRETARY. THE REPORT MAY INCLUDE AN ANALYSIS OF SUCH COMPLAINTS AND RECOMMENDATIONS, IF ANY, TO ADDRESS ANY ISSUES THAT ARE IDENTIFIED BY THE DIVISION. 7. APPLICABILITY. FOR PURPOSES OF THIS SECTION, THE WIRELESS TELEPHONE SERVICE TO WHICH THE PROVISIONS OF THIS SECTION APPLY, IS BEING PROVIDED OR BEING PROPOSED TO BE PROVIDED TO A RESIDENTIAL CUSTOMER WHERE THE PLACE OF PRIMARY USE, AS THAT TERM IS USED IN SECTION ONE HUNDRED EIGHT- Y-SIX-E OF THE TAX LAW, IS LOCATED IN THIS STATE. 8. SEVERABILITY. THE PROVISIONS OF THIS SECTION ARE SEVERABLE, AND IF ANY PART OR PROVISION HEREOF, OR THE APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE, SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDIC- TION TO BE INVALID OR UNENFORCEABLE, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINING PROVISIONS OF THIS SECTION OR THE APPLICATION OF ANY SUCH REMAINING PROVISIONS TO ANY PERSON OR CIRCUM- STANCE, BUT SHALL BE CONFINED IN ITS OPERATION TO THE PROVISION, PERSON OR CIRCUMSTANCE DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDG- MENT SHALL HAVE BEEN RENDERED. S 4. Paragraph a of subdivision 6 of section 5 of the public service law, as added by chapter 684 of the laws of 1997, is amended to read as follows: a. Application of the provisions of this chapter to cellular telephone services is suspended unless the commission, no sooner than one yearS. 1838 5
after the effective date of this subdivision, makes a determination, after notice and hearing, that suspension of the application of the provisions of this chapter shall cease to the extent found necessary to protect the public interest; PROVIDED, HOWEVER, THAT NOTHING IN THIS PARAGRAPH SHALL SUSPEND OR LIMIT THE AUTHORITY PROVIDED TO THE CONSUMER PROTECTION DIVISION IN SECTION NINETY-FOUR-A OF THE EXECUTIVE LAW TO IMPLEMENT THE PROVISIONS OF LAW CONTAINED THEREIN OR TO PROMULGATE AND ENFORCE REGULATIONS TO AFFORD CONSUMER PROTECTIONS TO RESIDENTIAL CUSTOMERS OF CELLULAR OR WIRELESS TELEPHONE SERVICE PROVIDERS. S 5. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided that the secretary of the consumer protection division is authorized, on or before such date, to promulgate any and all rules and regulations and to take any other measures neces- sary to implement this act on such effective date.