BILL ANALYSIS
AB 870
Page 1
ASSEMBLY THIRD READING
AB 870 (Wesson)
As Amended April 19, 2001
Majority vote
UTILITIES AND COMMERCE 17-0 APPROPRIATIONS 21-0
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|Ayes:|Wright, Pescetti, |Ayes:|Migden, Bates, Lowenthal, |
| |Calderon, | |Jackson, Ashburn, |
| |Bill Campbell, John | |Cedillo, Corbett, Correa, |
| |Campbell, Canciamilla, | |Daucher, Strom-Martin, |
| |Cardenas, Diaz, Jackson, | |Maldonado, Robert |
| |Kelley, La Suer, Maddox, | |Pacheco, Papan, Pavley, |
| |Nation, Papan, Reyes, | |Runner, Simitian, |
| |Simitian, Wesson | |Thomson, Wesson, Wiggins, |
| | | |Wright, Zettel |
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SUMMARY : Prohibits use of certain types of automatic calling
devices (ACDs) capable of storing and calling random numbers
under certain circumstances. Specifically, this bill :
1)Prohibits the use of ACDs which are capable of sequentially or
randomly calling telephone numbers with no person or
prerecorded message available for the person called on or
after July 1, 2002.
2)Allows the California Public Utilities Commission (CPUC) to
establish an acceptable error rate for such devices on or
after July 1, 2002.
EXISTING LAW authorizes CPUC to control or regulate the use of
ACDs and specifies the hours during which the devices may not be
operated.
FISCAL EFFECT :
1)Minor absorbable special fund costs to CPUC to establish the
error rate and maintain records.
2)Potential absorbable costs, offset by fine revenue, to CPUC
and/or the Attorney General for enforcement.
COMMENTS : This bill addresses the proliferation in ACDs as
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means of effecting unsolicited and intrusive telephone calls.
This bill acknowledges that there is a need to balance
individual privacy and public safety concerns with commercial
free speech rights. Thus, this bill very narrowly addresses the
portion of these calls which are abandoned, or which result in
no person or prerecorded message being available to the called
party. This bill notes that consumer outrage extends beyond
abandoned calls.
A similar bill, AB 2721 (Wesson) of 2000, which died in the
Senate, included a prohibition against unsolicited prerecorded
calls with no live person on the line. AB 870 restricts use of
sequential or random dialing that results in abandoned calls.
This bill allows CPUC to require persons operating automatic
dialing announcing devices to maintain records of telephone
connections made, for which no person or recorded message was
available to the called party, presumably prior to CPUC
establishing any acceptable error rate. CPUC's ability to
determine how many abandoned calls tend to occur when using
these ACDs will best enable CPUC to establish whether there is
any acceptable error rate, or whether, as this bill implies, no
abandoned calls are acceptable.
Given the difficulties experienced with AB 2721, it appears it
is extremely difficult to restrict the proliferation of
unsolicited commercial speech transiting the public switched
telephone network. Oddly, though the privacy and safety issues
of someone knocking at your door are more acute than of someone
calling into your home, each such instance involves the personal
right to privacy and the right not to be disturbed. Individuals
hang "no solicitors" signs on their doors and much unwanted
commercial foot trade is avoided.
Technology provides us with devices to selectively block
incoming calls into our homes, to keep calls out which are
unidentified, and to make all sorts of complicated connections
with other phones and multiple phones at once. Ironically, no
telephone company has presented a service that allows customers
to filter out unsolicited sales calls, prerecorded messages,
abandoned calls or other such marketing ploys. Consumers still
rely heavily on the screening of calls coming through answering
machines to avoid unsolicited calls. Unfortunately, answering
machines can't prevent the phantom calls addressed in this bill
from arriving over and over again. Where technology and
communications companies have failed, regulation should succeed
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in helping prevent a proliferation of abandoned calls as more
and more companies use ACDs and recorded messaging in lieu of
live calling.
Analysis Prepared by : Kelly Boyd / U. & C. / (916) 319-2083
FN: 0000829