BILL ANALYSIS                                                                                                                                                                                                    



                                                          AB 617
                                                          Page  1

CONCURRENCE IN SENATE AMENDMENTS
AB 617 (Campbell)
As Amended June 16, 1999
Majority vote
  
ASSEMBLY: 76-0                  ( May 20, 1999 )                 
SENATE:   40-0 ( July 15, 1999 )
       
  Original Committee Reference:    U. & C.  

  SUMMARY  :  Extends liability protections to wireless  
telecommunications providers, and companies providing one-way  
paging service, when they are acting in good faith with law  
enforcement and other government agencies.

  The Senate amendments  define "commercial mobile radio service"  
to conform to the definition of "commercial mobile service"  
provided in federal law.   

  EXISTING LAW  shields local and long distance telephone companies  
and radiotelephone utilities from civil actions arising from  
their "good faith" compliance with a state or federal court  
warrant, orders, or subpoena.

  AS PASSED BY THE ASSEMBLY  , this bill extended liability  
protections to wireless telecommunications providers, and  
companies providing one-way paging service, when they are acting  
in good faith with law enforcement and other government  
agencies, and expanded the definition of "radiotelephone  
utility" to include entities providing one-way paging service.

 FISCAL EFFECT  :  Absorbable costs to the California Public  
Utilities Commission.

  COMMENTS  :   Certain telecommunications providers are permitted  
to release information about subscribers to law enforcement  
officials and other local, state, or federal agencies upon  
issuance of a state or federal court warrant or order of  
administrative subpoena.  In these instances, the release or  
disclosure of information, without the written consent of the  
subscriber, is not subject to civil actions, relating to the  
subscriber's right to privacy.  This bill extends existing  
liability protections to wireless telecommunications providers,  
and companies providing one-way paging service.    









                                                          AB 617
                                                          Page  2

This bill replaces the term "radiotelephone utility" with the  
term "commercial mobile service provider," consistent with a  
similar change in terminology enacted in federal law.


  Analysis Prepared by  :    Joseph Lyons / U. & C. / (916) 319-2083  


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