BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 402|
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UNFINISHED BUSINESS
Bill No: SB 402
Author: Campbell (R)
Amended: 6/30/05
Vote: 21
SENATE ENERGY, UTIL. & COMMUNICATIONS COMM.: 9-0, 5/3/05
AYES: Morrow, Alarcon, Battin, Bowen, Campbell, Cox, Dunn,
Kehoe, Murray
NO VOTE RECORDED: Escutia, Simitian
SENATE FLOOR : 32-2, 6/1/05
AYES: Aanestad, Ackerman, Alarcon, Alquist, Ashburn,
Battin, Bowen, Campbell, Cedillo, Cox, Denham, Ducheny,
Dunn, Dutton, Figueroa, Florez, Hollingsworth, Kehoe,
Kuehl, Lowenthal, Machado, Maldonado, McClintock, Migden,
Murray, Perata, Poochigian, Runner, Scott, Soto,
Torlakson, Vincent
NOES: Simitian, Speier
NO VOTE RECORDED: Chesbro, Escutia, Margett, Morrow,
Ortiz, Romero
ASSEMBLY FLOOR : 78-1, 9/1/05 - See last page for vote
SUBJECT : Telecommunications
SOURCE : Author
DIGEST : This bill, as it relates to the national
cellphone number directory, allows a narrow expansion of
the written consent requirement to also permit affirmative
CONTINUED
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consent on an Internet website, as specified.
Assembly Amendments (a) add a requirement that customers
opting-in or opting-out of participation receive an emailed
confirmation, (b) require cell phone service providers to
mail a hard copy of the confirmation if the customer
doesn't have email, and (c) make clarifying changes.
ANALYSIS : Current law requires that cellular telephone
companies and their agents must obtain the express written
consent of customers before including their name and
telephone number in any directory.
Current law requires that when the customer could be billed
for unsolicited calls or text messages, the cellular
telephone company and its agents must disclose that the
customer, by consenting to including their number in a
directory, may incur additional charges.
This bill changes the express written consent requirement
to instead require either express written consent, or an
affirmative response made on a separate field on an
Internet Web site, where there is no default.
The bill requires the provider of mobile telephony services
to send a confirmation notice to the subscriber's
electronic mail address, or to a subscriber's postal mail
address if they do not have an electronic mail account.
Background
The revelation that the Cellular Telecommunications and
Internet Association (CTIA) was creating a national
cellphone number directory was greeted by much concern over
the loss of privacy and the potential for unwanted calls
and e-mail, which the customer would pay for. Federal and
state legislation requiring prior consent was introduced.
California's legislation was enacted (AB 1733 [Reyes]
Chapter 753, Statutes of 2004). In signing the bill the
Governor noted concerns:
"?this bill requires consent to be obtained on a separate
document that the customer must physically sign and date.
This over burdensome provision does not take into account
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modern business practices developed for consumer ease and
greater business efficiencies such as digital files and
over the phone approvals.
"I look forward to working with the legislature next
session to revise the consent provision to represent actual
modern day business practice."
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 9/2/05)
Cingular Wireless
Public Utilities Commission
ASSEMBLY FLOOR :
AYES: Aghazarian, Arambula, Baca, Bass, Benoit, Berg,
Bermudez, Blakeslee, Bogh, Calderon, Canciamilla, Chan,
Chavez, Chu, Cogdill, Cohn, Coto, Daucher, De La Torre,
DeVore, Dymally, Emmerson, Evans, Frommer, Garcia,
Hancock, Harman, Haynes, Jerome Horton, Shirley Horton,
Houston, Huff, Jones, Karnette, Keene, Klehs, Koretz, La
Malfa, La Suer, Laird, Leno, Leslie, Levine, Lieber, Liu,
Matthews, Maze, McCarthy, Montanez, Mountjoy, Mullin,
Nakanishi, Nation, Nava, Negrete McLeod, Niello, Oropeza,
Parra, Pavley, Plescia, Richman, Ridley-Thomas, Sharon
Runner, Ruskin, Saldana, Salinas, Spitzer, Strickland,
Torrico, Tran, Umberg, Vargas, Villines, Walters, Wolk,
Wyland, Yee, Nunez
NOES: Goldberg
NO VOTE RECORDED: Vacancy
NC:nl 9/2/05 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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