BILL NUMBER: SB 920 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 7, 2010
INTRODUCED BY Senator Yee
( Coauthors: Senators
DeSaulnier and Wiggins )
( Coauthors: Assembly Members
Blumenfield, Brownley, Jones, and
Salas )
FEBRUARY 1, 2010
An act to add Section 2887 to the Public Utilities Code, relating
to telecommunications.
LEGISLATIVE COUNSEL'S DIGEST
SB 920, as amended, Yee. Alphabetical telephone directories:
distribution.
Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including telephone corporations.
Existing law provides that, unless certain determinations are made by
the commission about the impact of federal action, the commission
has no jurisdiction or control over classified telephone directories
(commonly known as yellow pages) or commercial advertising included
as part of a telephone corporation's alphabetical telephone
directories (commonly known as white pages). Existing law requires
the commission to require all telephone corporations that are local
exchange carriers to include in their telephone directory information
concerning emergency situations that may affect the telephone
network.
This bill would prohibit a telephone corporation from
distributing an alphabetical telephone directory to a subscriber
unless that subscriber affirmatively elects to receive the directory.
require a telephone corporation or third-
party vendor, as defined, to allow a telephone service customer to
opt out of receiving an alphabetical telephone directory,
as prescribed. The bill would require those entities to comply with
certain other requirements regarding directory recycling and recycled
content.
Under existing law, a violation of the Public Utilities Act or an
order or direction of the commission is a crime. Because this bill
would require an order or other action of the commission to implement
its provisions and a violation of that order or action would be a
crime, the bill 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
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2887 is added to the Public Utilities Code, to
read:
2887. A telephone corporation shall not distribute an
alphabetical telephone directory to a subscriber unless that
subscriber affirmatively elects to receive the directory.
2887. (a) As used in this section, "third-party
vendor" means a third-party directory vendor that publishes
subscriber telephone or address information, or both, in an
alphabetical telephone directory distributed to residents and
telephone service customers in this state.
(b) The commission shall require any telephone corporation or
third-party vendor to do all of the following:
(1) Allow a telephone service customer to opt out of receiving an
alphabetical telephone directory published by the telephone
corporation or third-party vendor.
(2) For a third party vendor, honor any opt out request made
directly to the telephone corporation from which that vendor obtains
subscriber information.
(3) The request to opt out shall remain in effect until the
customer requests to resume receiving alphabetical telephone
directories.
(4) Provide a telephone number or Internet Web site address, or
both, on the front cover of all alphabetical telephone directories
for a customer to use to request not to have telephone directories
delivered. The following text shall appear on the cover of all
published alphabetical telephone directories:
TO DISCONTINUE DELIVERY OF TELEPHONE DIRECTORIES, OR TO RECYCLE AN
OLD DIRECTORY, PLEASE CALL [telephone number] OR VISIT [Internet Web
site].
(5) Ensure that alphabetical telephone directories are recyclable
with newsprint or mixed paper, and do not use a binding or other
contaminant that would render the directories nonrecyclable.
(6) Provide access via telephone or Internet Web site to
information about specific recycling programs for telephone
directories in or near the community in which the alphabetical
telephone directory was delivered. A telephone corporation or
third-party vendor may meet this requirement by providing a telephone
number or Internet Web site address for a local government or
private recycler that has agreed to provide directory recycling in a
community.
(7) Demonstrate participation in a program or organization to
promote the recycling of telephone directories in this state.
(8) Demonstrate compliance with newsprint recycled content law.
SEC. 2. 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
California Constitution.