HF 407

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to consumer protection; regulating the
creation and maintenance of wireless directory
assistance service databases; protecting consumer
privacy; proposing coding for new law in Minnesota
Statutes, chapter 325E.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [325E.317] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For purposes of this section and
section 325E.318, the terms defined in subdivisions 2 to 7 have
the meanings given them.
new text end

new text begin Subd. 2. new text end [CALLING PARTY'S IDENTITY.] new text begin "Calling party's
identity" means the telephone number of the calling party or the
name of the subscriber to the telephone, or an oral or text
message that provides sufficient information to enable a
commercial mobile services subscriber to determine who is
calling.
new text end

new text begin Subd. 3. new text end

new text begin Current subscriber. new text end

new text begin "Current subscriber" means
any subscriber to commercial mobile service as of the date when
a wireless directory assistance is implemented by a provider of
commercial mobile service.
new text end

new text begin Subd. 4. new text end

new text begin New subscriber. new text end

new text begin "New subscriber" means any
subscriber to commercial mobile service who becomes a subscriber
after the date when a wireless directory assistance service is
implemented by a provider of commercial mobile service, and
includes any subscriber of a different provider of commercial
mobile service who subsequently switches to a new provider of
commercial mobile service.
new text end

new text begin Subd. 5. new text end

new text begin Unlisted commercial mobile services
subscriber. new text end

new text begin "Unlisted commercial mobile services subscriber"
means:
new text end

new text begin (1) a current subscriber to commercial mobile services who
has not provided express prior consent to a commercial mobile
service provider to be included in a wireless directory
assistance service database; and
new text end

new text begin (2) a new subscriber to commercial mobile service who has
exercised the right contained in section 325E.318, subdivision
2, clause (2), to decline or refuse inclusion in a wireless
directory assistance database.
new text end

new text begin Subd. 6. new text end

new text begin Wireless directory assistance
service. new text end

new text begin "Wireless directory assistance service" means any
service for connecting calling parties to a subscriber of
commercial mobile service when the calling parties themselves do
not possess the subscriber's wireless telephone number
information.
new text end

new text begin Subd. 7. new text end

new text begin Wireless telephone number
information. new text end

new text begin "Wireless telephone number information" means the
telephone number, electronic address, and any other identifying
information by which a calling party may reach a subscriber to
commercial mobile services, and which is assigned by a
commercial mobile service provider to the subscriber, and
includes the subscriber's name and address.
new text end

Sec. 2.

new text begin [325E.318] WIRELESS CONSUMER PRIVACY PROTECTION.
new text end

new text begin Subdivision 1. new text end

new text begin Current subscribers. new text end

new text begin A provider of
commercial mobile services, or any direct or indirect affiliate
or agent of a provider, may not include the wireless telephone
number information of any current subscriber in any wireless
directory assistance service database unless:
new text end

new text begin (1) the mobile service provider provides a conspicuous,
separate notice to the subscriber informing the subscriber of
the right not to be listed in any wireless directory assistance
service; and
new text end

new text begin (2) the mobile service provider obtains express prior
authorization for listing from the subscriber, separate from any
authorization obtained to provide the subscriber with commercial
mobile service, or any calling plan or service associated with
the commercial mobile service, and the authorization has not
been subsequently withdrawn.
new text end

new text begin Subd. 2. new text end

new text begin New subscribers. new text end

new text begin A provider of commercial
mobile services, or any direct or indirect affiliate or agent of
such a provider, may include the wireless telephone number
information of any new subscriber in a wireless directory
assistance service database only if the commercial mobile
service provider:
new text end

new text begin (1) provides a conspicuous, separate notice to the
subscriber, at the time of entering into an agreement to provide
commercial mobile service, and at least once a year thereafter,
informing the subscriber of the right not to be listed in any
wireless directory assistance service database; and
new text end

new text begin (2) provides the subscriber with convenient mechanisms by
which the subscriber may decline or refuse to participate in the
database, including mechanisms at the time of entering into an
agreement to provide commercial mobile service, in the billing
of the service, and when receiving any connected call from a
wireless directory assistance service.
new text end

new text begin Subd. 3. new text end

new text begin Call forwarding. new text end

new text begin A provider of commercial
mobile services, or any direct or indirect affiliate or agent of
the provider, may connect a calling party from a wireless
directory assistance service to a commercial mobile service
subscriber only if:
new text end

new text begin (1) the subscriber is provided prior notice of the calling
party's identity and is permitted to accept or reject the
incoming call on a per call basis;
new text end

new text begin (2) the subscriber's wireless telephone number information
is not disclosed to the calling party; and
new text end

new text begin (3) the subscriber is not an unlisted commercial mobile
service subscriber.
new text end

new text begin Subd. 4. new text end

new text begin Publication of directories prohibited. new text end

new text begin A
provider of commercial mobile services, or any direct or
indirect affiliate or agent of a provider, may not publish, in
printed, electronic, or other form, the contents of any wireless
directory assistance service database, or any portion or segment
of it.
new text end

new text begin Subd. 5. new text end

new text begin No consumer fee for retaining privacy. new text end

new text begin A
provider of commercial mobile services may not charge any
subscriber for exercising any of the rights under this
subdivision.
new text end