BILL NUMBER: SB 1423 AMENDED
AMENDED IN SENATE MAY 6, 2008
AMENDED IN SENATE APRIL 9, 2008
INTRODUCED BY Senator Kuehl
FEBRUARY 21, 2008
An act to amend Section 2891.1 of the Public Utilities Code,
relating to telecommunications.
LEGISLATIVE COUNSEL'S DIGEST
SB 1423, as amended, Kuehl. Unlisted telephone numbers.
Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including telephone corporations.
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of any subscriber assigned an unpublished or unlisted access number,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.
Existing law prohibits 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. Existing law establishes certain requirements for the
provider's form for obtaining the subscriber's express consent.
Existing law prohibits a subscriber from being charged for making the
choice to not have his or her name and mobile telephony dialing
number listed in a publicly available directory assistance database.
This bill would, instead, prohibit a subscriber from being charged
for making the choice to not have his or her name or telephone
number listed in a directory or publicly available directory
Under existing law, a violation of the Public Utilities Act or any
order, decision, rule, direction, demand, or requirement of the
commission is a crime.
Because the provisions of this bill are within the act, a
violation of these provisions would impose a state-mandated local
program by creating a new crime.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: yes
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature to prohibit
telephone companies, including cellular telephone companies
mobile telephony service providers , from
charging customers to have an unlisted or unpublished telephone
SEC. 2. Section 2891.1 of the Public Utilities Code is amended to
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 express consent shall
meet all of the following requirements:
(1) It shall be one of the following:
(A) A separate document that is signed and dated by the
subscriber, and that is not attached to any other document.
(B) An affirmative response made on a separate field on an
Internet Web site where there is no default. The provider of mobile
telephony services shall send a confirmation notice to the subscriber'
s electronic mail address, or to a subscriber's postal mail address
if the subscriber does not have an electronic mail account.
(2) It shall be unambiguous, legible, and conspicuously disclose
that, by opting in, 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.
(3) 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 an unambiguous and
legible disclosure statement that, by consenting to have the
subscriber's dialing number sold or licensed as part of a list of
subscribers or included in a publicly available directory, the
subscriber may incur additional charges for receiving unsolicited
calls or text messages.
(c) Nothing in this section prohibits a subscriber of mobile
telephony services from voluntarily entering into an agreement for
the placement of his or her name and mobile telephony dialing number
in any advertising program if the agreement satisfies the express
consent requirements of this section.
(d) 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.
(e) A subscriber shall not be charged for making the choice to not
have his or her name or telephone number, or both, listed in a
directory or publicly available directory assistance database.
(f) 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.
(g) 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.
(h) 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.
(i) 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.
SEC. 3. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the