BILL NUMBER: AB 617	AMENDED
	BILL TEXT

	AMENDED IN SENATE   JUNE 16, 1999
	AMENDED IN ASSEMBLY   APRIL 19, 1999

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 amended, 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 replace  the term 
"radiotelephone utility" with  the term   
"  a provider of  commercial mobile radio service 
provider," as defined   " and would define "commercial
mobile radio service"  , for purposes of these provisions.
   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 
provider of  commercial mobile radio service  provider
 , 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, 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) "Commercial mobile radio service  provider" means any
public utility licensed by the Federal Communications Commission
pursuant to Part 22 (commencing with Section 22.1) or Part 24
(commencing with Section 24.1) of Title 47 of the Code of Federal
Regulations to provide one-way or two-way, or one-way and two-way,
commercial mobile radio services in the state.   " has
the same meaning as the term "commercial mobile service" as defined
in Section 332(d)(1) of Title 47 of the United States Code.