BILL NUMBER: SB 920	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 19, 2010
	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 a telephone corporation  or
3rd-party vendor, as defined,  to allow any telephone
service subscriber to opt out of receiving a telephone directory
published by a telephone corporation or 3rd-party vendor. The bill
would 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. 
The bill would require each telephone corporation to require each
3rd-party vendor, as defined, as a contractual condition for
receiving   telephone subscriber information from the
telephone corporation that is to be incorporated into a telephone
directory, to agree to not deliver directories to subscribers who opt
out of receiving a directory and to include clear and conspicuous
language in a directory regarding opting out of receiving future
directories and recycling of the directory. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: 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 any
entity other than a telephone corporation that publishes telephone
subscriber information derived from information obtained through
a contractual relationship with a telephone corporation  in a
telephone directory distributed to residents and telephone service
subscribers in this state.  "Third-party vendor" does not include
an entity publishing an employment or organizational roster or
directory on behalf of the employer or organization. 
   (b) Each telephone corporation  and third-party vendor
 shall do all of the following:
   (1) Allow any telephone service customer to opt out of receiving a
telephone directory published by a telephone corporation or
third-party vendor.
   (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. 
   (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.  
   (4) Require that each third-party vendor, as a contractual
condition for receiving telephone subscriber information from the
telephone corporation, agree to comply with paragraphs (2) and (3)
with respect to any telephone directory distributed by the
third-party vendor that incorporates information obtained pursuant to
the contract.