BILL NUMBER: AB 1733	CHAPTERED
	BILL TEXT

	CHAPTER  753
	FILED WITH SECRETARY OF STATE  SEPTEMBER 24, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 24, 2004
	PASSED THE ASSEMBLY  AUGUST 26, 2004
	PASSED THE SENATE  AUGUST 24, 2004
	AMENDED IN SENATE  AUGUST 23, 2004
	AMENDED IN SENATE  AUGUST 17, 2004
	AMENDED IN SENATE  JULY 2, 2004
	AMENDED IN SENATE  JUNE 29, 2004
	AMENDED IN SENATE  JUNE 15, 2004
	AMENDED IN SENATE  JUNE 1, 2004

INTRODUCED BY   Assembly Members Reyes, Campbell, Correa,  Levine,
and Matthews
   (Coauthors:  Assembly Members Berg, Chavez, Chu, Diaz, Firebaugh,
Frommer, Goldberg, Hancock, Laird, Leno, Lieber, Lowenthal, Montanez,
Nakano, Ridley-Thomas, Steinberg, and Wesson)
   (Coauthors:  Senators Bowen and Sher)

                        MARCH 5, 2003

   An act to amend Section 2891.1 of the Public Utilities Code,
relating to telecommunications.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1733, Reyes.  Telecommunications:  selling or licensing lists
of subscribers.
   Under existing law, the Federal Communications Commission licenses
and partially regulates providers of commercial mobile radio
service, including providers of cellular radiotelephone service,
broadband Personal Communications Services (PCS), and digital
Specialized Mobile Radio (SMR) services (collectively, mobile
telephony service providers).  Under existing law, no state or local
government may regulate the entry of, or the rates charged by, any
commercial mobile radio service, but is generally not prohibited from
regulating the other terms and conditions of commercial mobile radio
service.
   Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including telephone corporations.
Existing law authorizes the commission to regulate telecommunications
services and rates of telephone corporations, except to the extent
regulation of commercial mobile radio service is preempted by federal
regulation.  Existing law prohibits a telephone corporation selling
or licensing lists of residential subscribers, from including the
telephone number of any subscriber assigned an unpublished or
unlisted access number, as defined, without his or her written waiver
of this protection.
   This bill would permit a subscriber to waive the above-described
prohibition against including the telephone number of a subscriber
assigned an unpublished or unlisted access number.  The bill would
prohibit a provider of mobile telephony services, as defined, or any
affiliate or agent of the provider, providing the name and dialing
number of a subscriber for inclusion in a directory or directory
database, from including the dialing number of any subscriber without
first obtaining the express consent of that subscriber. The bill
would establish certain requirements for the provider's form for
obtaining the subscriber's express consent.  A subscriber would be
permitted to revoke his or her consent to inclusion in a directory
and would require that the mobile telephony services provider comply
with the subscriber's request to opt out within a reasonable period
of time, not to exceed 60 days.  The bill would create an exception
from the above provisions for a telephone corporation transferring a
customer's assigned telephone number to a new provider.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 2891.1 of the Public Utilities Code is amended
to read:
   2891.1.  (a) Notwithstanding Section 2891, a telephone corporation
selling or licensing lists of residential subscribers shall not
include the telephone number of any subscriber assigned an unlisted
or unpublished access number.  A subscriber may waive all or part of
the protection provided by this subdivision through written notice to
the telephone corporation.
   (b) Notwithstanding Section 2891, a provider of mobile telephony
services, or any direct or indirect affiliate or agent of a provider,
providing the name and dialing number of a subscriber for inclusion
in any directory of any form, or selling the contents of any
directory database, or any portion or segment thereof, shall not
include the dialing number of any subscriber without first obtaining
the express consent of that subscriber.  The provider's form for
obtaining the subscriber's express consent shall meet all of the
following requirements:
   (1) It shall be a separate document that is not attached to any
other document.
   (2) It shall be signed and dated by the subscriber.
   (3) It shall be unambiguous, legible, and conspicuously disclose
that, by signing, the subscriber is consenting to have the subscriber'
s dialing number sold or licensed as part of a list of subscribers
and the subscriber's dialing number may be included in a publicly
available directory.
   (4) If under the subscriber's calling plan the subscriber may be
billed for receiving unsolicited calls or text messaging from a
telemarketer, the provider's form shall include a disclosure, which
shall be unambiguous, legible, and that by consenting to have the
subscriber's dialing number sold or licensed as part of a list of
subscribers or be included in a publicly available directory, the
subscriber may incur additional charges for receiving unsolicited
calls or text messages.
   (c) A subscriber who provides express prior consent pursuant to
subdivision (b) may revoke that consent at any time.  A provider of
mobile telephony services shall comply with the subscriber's request
to opt out within  a reasonable period of time, not to exceed 60
days.
   (d) A subscriber shall not be charged for making the choice to not
be listed in a directory.
   (e) This section does not apply to the provision of telephone
numbers to the following parties for the purposes indicated:
   (1) To a collection agency, to the extent disclosures made by the
agency are supervised by the commission, exclusively for the
collection of unpaid debts.
   (2) (A) To any law enforcement agency, fire protection agency,
public health agency, public environmental health agency, city or
county emergency services planning agency, or private for-profit
agency operating under contract with, and at the direction of, one or
more of these agencies, for the exclusive purpose of responding to a
911 call or communicating an imminent threat to life or property.
   (B) Any information or records provided to a private for-profit
agency pursuant to this subdivision shall be held in confidence by
that agency and by any individual employed by or associated with that
agency.  This information or these records shall not be open to
examination for any purpose not directly connected with the
administration of the services specified in subdivision (e) of
Section 2872 or this paragraph.
   (3) To a lawful process issued under state or federal law.
   (4) To a telephone corporation providing service between service
areas for the provision to the subscriber of telephone service
between service areas, or to third parties for the limited purpose of
providing billing services.
   (5) To a telephone corporation to effectuate a customer's request
to transfer the customer's assigned telephone number from the
customer's existing provider of telecommunications services to a new
provider of telecommunications services.
   (6) To the commission pursuant to its jurisdiction and control
over telephone and telegraph corporations.
   (f) Every deliberate violation of this section is grounds for a
civil suit by the aggrieved subscriber against the organization or
corporation and its employees responsible for the violation.
   (g) For purposes of this section, "unpublished or unlisted access
number" means a telephone, telex, teletex, facsimile, computer modem,
or any other code number that is assigned to a subscriber by a
telephone or telegraph corporation for the receipt of communications
initiated by other telephone or telegraph customers and that the
subscriber has requested that the telephone or telegraph corporation
keep in confidence.
   (h) No telephone corporation, nor any official or employee
thereof, shall be subject to criminal or civil liability for the
release of customer information as authorized by this section.
  (i) The provisions of this section are severable.  If any provision
of this section or the application thereof to any person or
circumstance is held invalid, that invalidity shall not affect other
provisions or applications of this section that can be given effect
without the invalid provision or application.
   (j) For purposes of this section, "mobile telephony services"
means commercially available interconnected mobile phone services
that provide access to the public switched telephone network (PSTN)
via mobile communication devices employing radio wave technology to
transmit calls, including cellular radiotelephone, broadband Personal
Communications Services (PCS), and digital Specialized Mobile Radio
(SMR).  "Mobile telephony services" does not include mobile satellite
services or mobile data services used exclusively for the delivery
of nonvoice information to a mobile device.