BILL ANALYSIS
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THIRD READING
Bill No: AB 617
Author: Campbell (R)
Amended: 6/16/99 in Senate
Vote: 21
SENATE ENERGY, U.&C. COMMITTEE : 11-0, 6/22/99
AYES: Bowen, Alarcon, Baca, Brulte, Hughes, Kelley,
Mountjoy, Peace, Solis, Speier, Vasconcellos
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 76-0, 5/20/99 - See last page for vote
SUBJECT : Telephone corporations: customer right of
privacy
SOURCE : Allied Personal Communications Industries
Association of California
DIGEST : This bill extends existing immunity protections
for disclosure of information by telephone companies, when
acting in good faith with law enforcement, to also include
companies that provide one-way paging service.
ANALYSIS : Current law shields local and long distance
telephone companies and radiotelephone utilities from any
civil action resulting from their "good faith" compliance
with terms of a state or federal court warrant, order, or
subpoena.
This bill replaces the term "radiotelephone utility" with
CONTINUED
AB 617
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the term "commercial mobile radio service provider,"
effectively extending the shield provisions to the new
wireless telephone service providers such as Sprint
Personal Communications Service (PCS) and Pacific Bell PCS.
Background
Since 1994, California law has shielded most
telecommunications companies from civil lawsuits if they
disclose customer information in good faith compliance with
a 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. The protection was extended to
exempt the industry from certain privacy laws requiring
companies to keep individual customer information
confidential.
The term "radiotelephone utility" has been replaced in
federal law by "commercial mobile service provider." This
term has always included paging services and now also
encompasses the new wireless technology known as Personal
Communications Service (PCS), which is marketed by Sprint
and Pacific Bell as a competitor to cellular telephone
service.
Comments
Leveling That Playing Field . This bill updates existing
statute to re-include paging service and to include -- for
the first time -- PCS service under the definition of
"commercial mobile service provider." Since PCS service
providers compete directly with traditional cellular
telephone service providers that enjoy the limited
protection against civil lawsuits, it arguably makes sense
to extend that protection to PCS providers so the two will
enjoy identical protections and compete -- as they say --
on a level playing field.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 7/12/99)
AB 617
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3
Allied Personal Communications Industries Association of
Calfiornia (source)
GTE California Inc.
Office of Ratepayers Advocates
ASSEMBLY FLOOR : 76-0, 5/20/99
AYES: Aanestad, Ackerman, Alquist, Aroner, Ashburn,
Baldwin, Bates, Battin, Baugh, Bock, Brewer, Briggs,
Calderon, Cardenas, Cardoza, Corbett, Correa, Cox,
Cunneen, Davis, Dickerson, Ducheny, Dutra, Florez, Floyd,
Frusetta, Gallegos, Granlund, Havice, Hertzberg, Honda,
House, Jackson, Kaloogian, Keeley, Knox, Kuehl, Leach,
Lempert, Leonard, Longville, Lowenthal, Machado, Maddox,
Maldonado, Margett, Mazzoni, McClintock, Migden, Nakano,
Olberg, Oller, Robert Pacheco, Rod Pacheco, Papan,
Pescetti, Reyes, Romero, Runner, Scott, Shelley, Soto,
Steinberg, Strickland, Strom-Martin, Thompson, Thomson,
Torlakson, Washington, Wayne, Wesson, Wiggins, Wildman,
Wright, Zettel, Villaraigosa
NOT VOTING: Campbell, Cedillo, Firebaugh, Vincent
NC:kb 7/14/99 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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