BILL NUMBER: AB 67	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Chavez

                        DECEMBER 21, 2004

   An act to add Section 2891.5 to the Public Utilities Code,
relating to telecommunications.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 67, as introduced, Chavez.   Telecommunications: customer
proprietary network information.
   Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including telephone corporations.
Existing law prescribes the circumstances under which telephone and
telegraph corporations may release information regarding residential
subscribers without their written consent.
   Under the federal Communications Act of 1934, as amended, a
telecommunications carrier has a duty to protect the confidentiality
of proprietary information of customers. The act limits the use,
disclosure, or access to customer proprietary network information, as
defined. Pursuant to the act, the Federal Communications Commission
has adopted regulations that, among other things, require specified
notice to customers and establish procedures for telecommunications
carriers and affiliates to follow in obtaining opt-in approval and
opt-out approval for the use, disclosure, or access to customer
proprietary network information.
   This bill would prohibit a telephone corporation or an affiliate,
as defined, of a telephone corporation from discriminating between
customers based upon a customer's consent, or refusal to consent, to
provide opt-in or opt-out approval to the use or disclosure of, or
access to, customer proprietary network information pursuant to the
above-described federal law and regulations. The bill would prohibit
a telephone corporation or an affiliate from offering any financial
inducement to obtain a customer's consent to the use or disclosure
of, or access to, a customer's proprietary network information
pursuant to the above-described federal law and regulations.
   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 2891.5 is added to the Public Utilities Code ,
to read:
   2891.5.   (a)No telephone corporation or an affiliate of a
telephone corporation, shall not discriminate between customers based
upon the customer's consent, or refusal to consent, to provide
opt-in approval or opt-out approval of the use or disclosure of, or
access to, customer proprietary network information pursuant to
Section 222 of Title 47 of the United States Code and Part 64 of
Title 47 of the Code of Federal Regulations.(b) A telephone
corporation or an affiliate of a telephone corporation shall not
offer any financial inducement to obtain a customer's consent to the
use or disclosure of, or access to, customer proprietary network
information pursuant to Section 222 of Title 47 of the United States
Code and Part 64 of Title 47 of the Code of Federal Regulations.
   (c) For purposes of this section, the following terms have the
following meanings:
   (1) "Affiliate" has the same meaning given the term in paragraph
(1) of Section 153 of Title 47 of the United States Code.
   (2) "Customer proprietary network information" has the same
meaning as given the term in Section 222 of Title 47 of the United
States Code.
   (3) "Discriminate" means a difference in treatment or favor as a
result of the customer's decision.