BILL NUMBER: AB 617	CHAPTERED
	BILL TEXT

	CHAPTER   256
	FILED WITH SECRETARY OF STATE   AUGUST 30, 1999
	APPROVED BY GOVERNOR   AUGUST 30, 1999
	PASSED THE ASSEMBLY   AUGUST 16, 1999
	PASSED THE SENATE   JULY 15, 1999
	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, 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 "radiotelephone utility" with "a provider
of commercial mobile radio service " and would define "commercial
mobile radio service", for purposes of these provisions.


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, 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 " 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.