BILL NUMBER: AB 617	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Campbell

                        FEBRUARY 19, 1999

   An act to amend Section 2894 of the Public Utilities Code,
relating to telecommunications.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 617, as introduced, Campbell.  Telephone corporations:
customer right of privacy.
   Under existing law, the disclosure of any information by an
interchange telephone corporation, a local exchange telephone
corporation, or a radiotelephone utility, in good faith compliance
with the terms of a state or federal court warrant or order or
administrative subpoena issued at the request of a law official or
other federal, state, or local governmental agency for law
enforcement purposes, is a complete defense against specified civil
actions relating to the right of privacy.  Existing law defines the
term "radiotelephone utility" for that purpose to mean any public
utility licensed by the Federal Communications Commission pursuant to
specified federal regulations and certificated by the Public
Utilities Commission to provide one-way or two-way or one-way and
two-way radiotelephone services in this state.
   This bill would also include in the definition of radiotelephone
utility any entity that provides one-way paging service, as defined.

   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 2894 of the Public Utilities Code is amended to
read:
   2894.  (a) Notwithstanding subdivision (e) of Section 2891, the
disclosure of any information by an interexchange telephone
corporation, a local exchange telephone corporation, or a
radiotelephone utility, in good faith compliance with the terms of a
state or federal court warrant or order or administrative subpoena
issued at the request of a law enforcement official or other federal,
state, or local governmental agency for law enforcement purposes, is
a complete defense against any civil action brought under this
chapter or any other law, including  without limitation
  , but not limited to  , Chapter 1.5 (commencing
with Section 630) of Part 1 of Title 15 of the Penal Code, for the
wrongful disclosure of that information.
   (b) As used in this section  the following terms have the
following meanings  :
   (1) "Interexchange telephone corporation" means a telephone
corporation that is a long-distance carrier.
   (2) "Local exchange telephone corporation" means a telephone
corporation that provides local exchange services.
   (3) "Radiotelephone utility" means  any  
either of the following:
   (A) Any  public utility licensed by the Federal
Communications Commission pursuant to Part 22 (commencing with
Section 22.0) of Title 47 of the Code of Federal Regulations and
certificated by the Public Utilities Commission to provide one-way or
two-way or one-way and two-way radiotelephone services in this
state.  
   (B) Any entity that provides one-way paging service as described
in paragraph (2) of subdivision (b) of Section 234.