BILL NUMBER: SB 920	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 28, 2010
	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 one of its
affiliates  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 from delivering directories to
subscribers who opt out of receiving a directory 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   allow any telephone
service customer to opt out of receiving a telephone directory
published by the 3rd-party vendor,  to not deliver directories
to subscribers who opt out of receiving a directory  ,  and
to include clear and conspicuous language  in a 
 on the front cover of the  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   With respect to any telephone
  directory distributed by the telephone corporation or one
of its affiliates, each  telephone corporation 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  from the telephone corporation or
its affiliates  .
   (B) A statement that the directory can be recycled. 
   (4) Require that each third-party vendor, as 
    (c)     As    a contractual
condition for receiving telephone subscriber information from
 the   a  telephone corporation, 
agree to comply with paragraphs (2) and (3)   each
third-party vendor shall agree to comply with the following, 
with respect to any telephone directory distributed by the
third-party vendor that incorporates information obtained pursuant to
the  contract.   contract:  
   (1) Allow any telephone service customer to opt out of receiving a
telephone directory published by the 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 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 by the third-party vendor.  
   (B) A statement that the directory can be recycled.