1.1 	A bill for an act
1.2 	relating to consumer protection; regulating wireless
1.3 	telephone directories; protecting consumer privacy;
1.4 	proposing coding for new law in Minnesota Statutes,
1.5 	chapter 325E.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. [325E.317] DEFINITIONS.
1.8 		Subdivision 1.Scope. For the purposes of sections
1.9 	325E.317 and 325E.318, the terms defined in this section have
1.10 	the meanings given them.
1.11 		Subd. 2.Provider. "Provider" means a provider of
1.12 	wireless telecommunications services.
1.13 		Subd. 3.Telecommunications
1.14 	services. "Telecommunications services" has the meaning given
1.15 	in section 297A.61, subdivision 24, paragraph (a).
1.16 		Subd. 4.Wireless directory assistance
1.17 	service. "Wireless directory assistance service" means any
1.18 	service for connecting calling parties to a wireless
1.19 	telecommunications services customer when the calling parties
1.20 	themselves do not possess the customer's wireless telephone
1.21 	number information.
1.22 		Subd. 5.Wireless telecommunications services. "Wireless
1.23 	telecommunications services" has the meaning given in section
1.24 	325F.695.
1.25 		Subd. 6.Wireless telephone directory. "Wireless
2.1 	telephone directory" means a directory or database containing
2.2 	wireless telephone number information or any other identifying
2.3 	information by which a calling party may reach a wireless
2.4 	telecommunications services customer.
2.5 		Subd. 7.Wireless telephone number
2.6 	information. "Wireless telephone number information" means the
2.7 	telephone number, electronic address, and any other identifying
2.8 	information by which a calling party may reach a wireless
2.9 	telecommunications services customer, which is assigned by a
2.10 	provider to the customer and includes the customer's name and
2.11 	address.

2.12 	Sec. 2. [325E.318] WIRELESS DIRECTORIES.
2.13 		Subdivision 1.Notice. No provider of wireless
2.14 	telecommunications service, or any direct or indirect affiliate
2.15 	or agent of a provider, may include the wireless telephone
2.16 	number information of a customer in a wireless telephone
2.17 	directory assistance service database or publish, sell, or
2.18 	otherwise disseminate the contents of a wireless telephone
2.19 	directory assistance service database unless the provider
2.20 	provides a conspicuous notice to the subscriber informing the
2.21 	subscriber that the subscriber will not be listed in a wireless
2.22 	directory assistance service database without the subscriber's
2.23 	prior express authorization.
2.24 		Subd. 2.Authorization. (a) A provider, or any direct or
2.25 	indirect affiliate or agent of a provider, may not disclose,
2.26 	provide, or sell a customer's wireless telephone number
2.27 	information, or any part thereof, for inclusion in a wireless
2.28 	telephone directory of any form, and may not sell a wireless
2.29 	telephone directory containing a customer's wireless telephone
2.30 	number information without first receiving prior express
2.31 	authorization from the customer.  The customer's authorization
2.32 	must meet the following requirements:
2.33 	(1) consent shall be affirmatively obtained separately from
2.34 	the execution of the service contract via verifiable means; and 
2.35 	(2) consent shall be unambiguous and conspicuously disclose
2.36 	that the subscriber is consenting to have the customer's dialing
3.1 	number sold or licensed as part of a publicly available
3.2 	directory assistance database.
3.3 	(b) A record of the authorization shall be maintained for
3.4 	the duration of the service contract or any extension of the
3.5 	contract.
3.6 	(c) A subscriber who provides express consent pursuant to
3.7 	paragraph (a) may revoke that consent at any time.  A provider
3.8 	must comply with the customer's request to be removed from the
3.9 	directory and remove such listing from directory assistance
3.10 	within 60 days.
3.11 		Subd. 3.No fee to retain privacy. A customer shall not
3.12 	be charged for opting not to be listed in a wireless telephone
3.13 	directory.
3.14 		Subd. 4.Remedies. Every knowing violation of this
3.15 	section is punishable by a fine of up to $500 for each violation
3.16 	with a maximum aggregated amount of $10,000 for a provider, of
3.17 	which $100 per violation shall be paid to each victim of the
3.18 	violation.  The attorney general may bring actions to enforce
3.19 	compliance with this section.  For the first violation by any
3.20 	company or organization of this section, the attorney general
3.21 	shall notify the company with a letter of warning that the
3.22 	section has been violated.  No telephone corporation, nor any
3.23 	official or employee of a telephone corporation, shall be
3.24 	subject to criminal or civil liability for the release of
3.25 	customer information as authorized by this section.

3.26 	Sec. 3. EFFECTIVE DATE.
 3.27 	Sections 1 and 2 are effective the day following final
3.28 	enactment.