BILL NUMBER: SB 920 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 5, 2010
AMENDED IN SENATE APRIL 27, 2010
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 require the commission to
require a telephone corporation or third-party
3rd-party vendor, as defined, to allow a
any telephone service customer
subscriber to opt out of receiving an
alphabetical a telephone directory , as
prescribed published by a telephone corporation or
3rd-party vendor . The bill would require the
commission to require those entities to comply with certain other
requirements regarding directory recycling and recycled content
prohibit telephone corporations and 3rd-party vendors
from delivering directories to subscribers who opt out of receiving a
directory, require that a telephone corporation or 3rd party vendor
to demonstrate compliance with a specified law relative to
recycled-content newsprint, and require that a directory
contain clear and conspicuous language regarding opting out of
receiving future directories and recycling of the directory .
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: yes
no . State-mandated local program: yes
no .
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) 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 any entity other than a telephone
corporation that publishes telephone subscriber information in a
telephone directory distributed to residents and telephone service
subscribers in this state.
(b) The commission shall require any telephone corporation or
(b) Each telephone corporation and
third-party vendor to shall do
all of the following:
(1) Allow a any telephone service
customer to opt out of receiving an alphabetical telephone
directory published by the a telephone directory
published by a 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) Provide on the front cover of all published alphabetical
telephone directories a message that the directory can be recycled.
(2) Not deliver a directory to any subscriber who has opted out of
delivery until the subscriber requests that directory delivery be
resumed. This paragraph does not prohibit a telephone corporation or
third-party vendor from attempting to verify that a subscriber's
request to opt out is still valid.
(3) Provide on the front cover of its telephone directory, in
clear and conspicuous language, all of the following information:
(A) A telephone number or Internet Web site address, or both, for
a subscriber to use to submit a request to opt out of delivery of
future telephone directories.
(B) A statement that the directory can be recycled.
(6)
(4) Demonstrate compliance with Chapter 15 (commencing
with Section 42750) of Part 3 of Division 30 of the Public Resources
Code regarding the use of recycled-content newsprint.
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.