[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