[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1963 Reported in Senate (RS)]
Calendar No. 810
108th CONGRESS
2d Session
S. 1963
To amend the Communications Act of 1934 to protect the privacy rights
of subscribers to wireless communications services.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 25, 2003
Mr. Specter (for himself, Mrs. Boxer, Mr. Schumer, Mr. Kennedy, Mr.
Nelson of Florida, Mr. Enzi, Mr. Lautenberg, Mr. Dayton, and Mr. Leahy)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
November 19, 2004
Reported by Mr. McCain, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend the Communications Act of 1934 to protect the privacy rights
of subscribers to wireless communications services.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Wireless 411 Privacy
Act''.</DELETED>
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress finds that--</DELETED>
<DELETED> (1) there are roughly 150 million wireless
subscribers in the United States, up from approximately 15
million subscribers just a decade ago;</DELETED>
<DELETED> (2) wireless phone service has proven valuable to
millions of Americans because of its mobility, and the fact
that government policies have expanded opportunities for new
carriers to enter the market, offering more choices and ever
lower prices for consumers;</DELETED>
<DELETED> (3) in addition to the benefits of competition and
mobility, subscribers also benefit from the fact that wireless
phone numbers have not been publicly available;</DELETED>
<DELETED> (4) up until now, the privacy of wireless
subscribers has been safeguarded and thus vastly diminished the
likelihood of subscribers receiving unwanted or annoying phone
call interruptions on their wireless phones;</DELETED>
<DELETED> (5) moreover, because their wireless contact
information, such as their phone number, have never been
publicly available in any published directory or from any
directory assistance service, subscribers have come to expect
that if their phone rings it's likely to be a call from someone
to whom they have personally given their number;</DELETED>
<DELETED> (6) the wireless industry is poised to begin
implementing a directory assistance service so that callers can
reach wireless subscribers, including subscribers who have not
given such callers their wireless phone number;</DELETED>
<DELETED> (7) while some wireless subscribers may find such
directory assistance service useful, current subscribers
deserve the right to choose whether they want to participate in
such a directory;</DELETED>
<DELETED> (8) because wireless users are typically charged
for incoming calls, consumers must be afforded the ability to
maintain the maximum amount of control over how many calls they
may expect to receive and, in particular, control over the
disclosure of their wireless phone number;</DELETED>
<DELETED> (9) current wireless subscribers who elect to
participate, or new wireless subscribers who decline to be
listed, in any new wireless directory assistance service
directory, including those subscribers who also elect not to
receive forwarded calls from any wireless directory assistance
service, should not be charged for exercising such
rights;</DELETED>
<DELETED> (10) the marketplace has not yet adequately
explained an effective plan to protect consumer privacy
rights;</DELETED>
<DELETED> (11) Congress previously acted to protect the
wireless location information of subscribers by enacting
prohibitions on the disclosure of such sensitive information
without the express prior authorization of the subscriber;
and</DELETED>
<DELETED> (12) the public interest would be served by
similarly enacting effective and industry-wide privacy
protections for consumers with respect to wireless directory
assistance service.</DELETED>
<DELETED>SEC. 3. CONSUMER CONTROL OF WIRELESS PHONE NUMBERS.</DELETED>
<DELETED> Section 332(c) of the Communications Act of 1934 (47
U.S.C. 332(c)) is amended by adding at the end the following:</DELETED>
<DELETED> ``(9) Wireless consumer privacy protection.--
</DELETED>
<DELETED> ``(A) Current subscribers.--A provider of
commercial mobile services, or any direct or indirect
affiliate or agent of such a provider, may not include
the wireless telephone number information of any
current subscriber in any wireless directory assistance
service database unless--</DELETED>
<DELETED> ``(i) 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</DELETED>
<DELETED> ``(ii) the mobile service provider
obtains express prior authorization for listing
from such subscriber, separate from any
authorization obtained to provide such
subscriber with commercial mobile service, or
any calling plan or service associated with
such commercial mobile service, and such
authorization has not been subsequently
withdrawn.</DELETED>
<DELETED> ``(B) New subscribers.--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--</DELETED>
<DELETED> ``(i) 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
each year thereafter, informing the subscriber
of the right not to be listed in any wireless
directory assistance service database;
and</DELETED>
<DELETED> ``(ii) provides the subscriber
with convenient mechanisms by which the
subscriber may decline or refuse to participate
in such database, including mechanisms at the
time of entering into an agreement to provide
commercial mobile service, in the billing of
such service, and when receiving any connected
call from a wireless directory assistance
service.</DELETED>
<DELETED> ``(C) Call forwarding.--A provider of
commercial mobile services, or any direct or indirect
affiliate or agent of such provider, may connect a
calling party from a wireless directory assistance
service to a commercial mobile service subscriber only
if--</DELETED>
<DELETED> ``(i) such 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;</DELETED>
<DELETED> ``(ii) such subscriber's wireless
telephone number information is not disclosed
to the calling party; and</DELETED>
<DELETED> ``(iii) such subscriber is not an
unlisted commercial mobile service
subscriber.</DELETED>
<DELETED> ``(D) Publication of directories
prohibited.--A provider of commercial mobile services,
or any direct or indirect affiliate or agent of such 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
thereof.</DELETED>
<DELETED> ``(E) No consumer fee for retaining
privacy.--A provider of commercial mobile services may
not charge any subscriber for exercising any of the
rights under this paragraph.</DELETED>
<DELETED> ``(F) Definitions.--For purposes of this
paragraph--</DELETED>
<DELETED> ``(i) the term `current
subscriber' means any subscriber to commercial
mobile service as of the date when a wireless
directory assistance service is implemented by
a provider of commercial mobile
service;</DELETED>
<DELETED> ``(ii) the term `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;</DELETED>
<DELETED> ``(iii) the term `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 such subscriber, and includes such
subscriber's name and address;</DELETED>
<DELETED> ``(iv) the term `wireless
directory assistance service' means any service
for connecting calling parties to a subscriber
of commercial mobile service when such calling
parties themselves do not possess such
subscriber's wireless telephone number
information; and</DELETED>
<DELETED> ``(v) the term `calling party's
identity' means the telephone number of the
calling party or the name of subscriber to such
telephone, or an oral or text message which
provides sufficient information to enable a
commercial mobile services subscriber to
determine who is calling;</DELETED>
<DELETED> ``(vi) the term `unlisted
commercial mobile services subscriber' means--
</DELETED>
<DELETED> ``(I) 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</DELETED>
<DELETED> ``(II) a new subscriber to
commercial mobile service who has
exercised the right contained in
subparagraph (B)(ii) to decline or
refuse to such inclusion.''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wireless 411 Privacy Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) there are roughly 150 million wireless subscribers in
the United States, up from approximately 15 million subscribers
just a decade ago;
(2) wireless phone service has proven valuable to millions
of Americans because of its mobility, and the fact that
government policies have expanded opportunities for new
carriers to enter the market, offering more choices and ever
lower prices for consumers;
(3) in addition to the benefits of competition and
mobility, subscribers also benefit from the fact that wireless
phone numbers have not been publicly available;
(4) up until now, the privacy of wireless subscribers has
been safeguarded and thus vastly diminished the likelihood of
subscribers receiving unwanted or annoying phone call
interruptions on their wireless phones;
(5) moreover, because their wireless contact information,
such as their phone number, have never been publicly available
in any published directory or from any directory assistance
service, subscribers have come to expect that if their phone
rings it's likely to be a call from someone to whom they have
personally given their number;
(6) the wireless industry is poised to begin implementing a
directory assistance service so that callers can reach wireless
subscribers, including subscribers who have not given such
callers their wireless phone number;
(7) while some wireless subscribers may find such directory
assistance service useful, current subscribers deserve the
right to choose whether they want to participate in such a
directory;
(8) because wireless users are typically charged for
incoming calls, consumers must be afforded the ability to
maintain the maximum amount of control over how many calls they
may expect to receive and, in particular, control over the
disclosure of their wireless phone number;
(9) current wireless subscribers who elect to participate,
or new wireless subscribers who decline to be listed, in any
new wireless directory assistance service directory, including
those subscribers who also elect not to receive forwarded calls
from any wireless directory assistance service, should not be
charged for exercising such rights;
(10) the marketplace has not yet adequately explained an
effective plan to protect consumer privacy rights;
(11) Congress previously acted to protect the wireless
location information of subscribers by enacting prohibitions on
the disclosure of such sensitive information without the
express prior authorization of the subscriber; and
(12) the public interest would be served by similarly
enacting effective and industry-wide privacy protections for
consumers with respect to wireless directory assistance
service.
SEC. 3. CONSUMER CONTROL OF WIRELESS PHONE NUMBERS.
Section 332(c) of the Communications Act of 1934 (47 U.S.C. 332(c))
is amended by adding at the end the following:
``(9) Wireless consumer privacy protection.--
``(A) In general.--A provider of commercial mobile
services, or any direct or indirect affiliate or agent
of such a provider, may not include the wireless
telephone number information of any subscriber in any
wireless directory assistance service database unless--
``(i) 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
``(ii) the mobile service provider obtains
express prior authorization for listing from
such subscriber, separate from any
authorization obtained to provide such
subscriber with commercial mobile service, or
any calling plan or service associated with
such commercial mobile service, and such
authorization has not been subsequently
withdrawn.
``(B) Cost-free de-listing.--A provider of
commercial mobile services, or any direct or indirect
affiliate or agent of such a provider, shall remove the
wireless telephone number information of any subscriber
from any wireless directory assistance service database
upon request by that subscriber and without any cost to
the subscriber.
``(C) Protection of wireless phone numbers.--A
telecommunications carrier shall not disclose in its
billing information provided to customers wireless
telephone number information of subscribers who have
indicated a preference to their commercial mobile
services provider for not having their wireless
telephone number information disclosed. Notwithstanding
the preceding sentence, a telecommunications carrier
may disclose a portion of the wireless telephone number
in its billing information if the actual number cannot
be readily ascertained.
``(D) Publication of directories prohibited.--A
provider of commercial mobile services, or any direct
or indirect affiliate or agent of such a provider, may
not publish, in printed, electronic, or other form, or
sell or otherwise disseminate, the contents of any
wireless directory assistance service database, or any
portion or segment thereof unless--
``(i) the mobile service provider provides
a conspicuous, separate notice to the
subscriber informing the subscriber of the
right not to be listed; and
``(ii) the mobile service provider obtains
express prior authorization for listing from
such subscriber, separate from any
authorization obtained to provide such
subscriber with commercial mobile service, or
any calling plan or service associated with
such commercial mobile service, and such
authorization has not been subsequently
withdrawn.
``(E) No consumer fee for retaining privacy.--A
provider of commercial mobile services may not charge
any subscriber for exercising any of the rights under
this paragraph.
``(F) State and local laws pre-empted.--To the
extent that any State or local government imposes
requirements on providers of commercial mobile
services, or any direct or indirect affiliate or agent
of such providers, that are inconsistent with the
requirements of this paragraph, this paragraph preempts
such State or local requirements.
``(G) Definitions.--In this paragraph:
``(i) Calling party's identity.--The term
`calling party's identity' means the telephone
number of the calling party or the name of
subscriber to such telephone, or an oral or
text message which provides sufficient
information to enable a commercial mobile
services subscriber to determine who is
calling.
``(ii) Unlisted commercial mobile services
subscriber.--The term `unlisted commercial
mobile services subscriber' means a 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.
``(iii) Wireless telephone number
information.--The term `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 such subscriber, and
includes such subscriber's name and address.
``(iv) Wireless directory assistance
service.--The term `wireless directory
assistance service' means any service for
connecting calling parties to a subscriber of
commercial mobile service when such calling
parties themselves do not possess such
subscriber's wireless telephone number
information.''.
Calendar No. 810
108th CONGRESS
2d Session
S. 1963
_______________________________________________________________________
A BILL
To amend the Communications Act of 1934 to protect the privacy rights
of subscribers to wireless communications services.
_______________________________________________________________________
November 19, 2004
Reported with an amendment