[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3035 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3035

 To amend the Communications Act of 1934 to permit informational calls 
          to mobile telephone numbers, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 22, 2011

 Mr. Terry (for himself and Mr. Towns) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend the Communications Act of 1934 to permit informational calls 
          to mobile telephone numbers, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mobile Informational Call Act of 
2011''.

SEC. 2. DEFINITIONS.

    (a) In General.--Section 227(a) of the Communications Act of 1934 
(47 U.S.C. 227(a)) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) The term `automatic telephone dialing system' means 
        equipment which uses a random or sequential number generator to 
        produce telephone numbers to be called and to dial such 
        numbers.'';
            (2) in paragraph (2)--
                    (A) by striking ``subsection (b)(1)(C)(i)'' and 
                inserting ``paragraph (3) and subsection 
                (b)(1)(C)(i)'';
                    (B) in subparagraph (A), by striking ``; and'' and 
                inserting a semicolon;
                    (C) in subparagraph (B), by striking ``paragraph 
                (2)(G)).'' and inserting ``subsection (b)(2)(G); and''; 
                and
                    (D) by adding at the end the following:
                    ``(C) this paragraph shall not apply for purposes 
                of determining whether an established business 
                relationship exists for purposes of prior express 
                consent to a call that is a telephone solicitation.'';
            (3) by redesignating paragraphs (3) through (5) as 
        paragraphs (4) through (6), respectively; and
            (4) by inserting after paragraph (2) the following:
            ``(3) The term `prior express consent' means the oral or 
        written approval of a person--
                    ``(A) for the initiation of a telephone call to 
                such person by or on behalf of an entity with which 
                such person has an established business relationship; 
                and
                    ``(B) that is provided when such person purchases a 
                good or service or at any other point during such 
                relationship.
        A person who provides a telephone number as a means of contact 
        evidences consent under this paragraph.''.
    (b) Conforming Amendment.--Section 227(c)(1)(D) of the 
Communications Act of 1934 (47 U.S.C. 227(c)(1)(D)) is amended by 
striking ``subsection (a)(3)'' and inserting ``subsection (a)(5)''.

SEC. 3. INFORMATIONAL CALLS TO MOBILE TELEPHONE NUMBERS.

    (a) In General.--Section 227(b)(1)(A) of the Communications Act of 
1934 (47 U.S.C. 227(b)(1)(A)) is amended to read as follows:
                    ``(A) to make any call (other than a call made for 
                emergency purposes or made with the prior express 
                consent of the called party) using any automatic 
                telephone dialing system or an artificial or 
                prerecorded voice--
                            ``(i) to any emergency telephone line 
                        (including any `911' line and any emergency 
                        line of a hospital, medical physician or 
                        service office, health care facility, poison 
                        control center, or fire protection or law 
                        enforcement agency);
                            ``(ii) to the telephone line of any guest 
                        room or patient room of a hospital, health care 
                        facility, elderly home, or similar 
                        establishment;
                            ``(iii) to any telephone number assigned to 
                        a paging service; or
                            ``(iv) to any telephone number assigned to 
                        a cellular telephone service, specialized 
                        mobile radio service, or other radio common 
                        carrier service, or any service for which the 
                        called party is charged for the call, unless 
                        the call is made for a commercial purpose that 
                        does not constitute a telephone 
                        solicitation;''.
    (b) Conforming Amendment.--Section 227(b)(2)(C) of the 
Communications Act of 1934 (47 U.S.C. 227(b)(2)(C)) is amended by 
striking ``paragraph (1)(A)(iii)'' and inserting ``paragraph 
(1)(A)(iv)''.
    (c) Technical Correction.--Section 227(b)(1) of the Communications 
Act of 1934 (47 U.S.C. 227(b)(1)) is amended by striking ``It shall'' 
and all that follows through ``United States--'' and inserting the 
following: ``It shall be unlawful for any person within the United 
States, or any person outside the United States if the recipient is 
within the United States--''.

SEC. 4. EFFECT ON STATE LAW.

    Section 227(f)(1) of the Communications Act of 1934 (47 U.S.C. 
227(f)(1)) is amended to read as follows:
            ``(1) In general.--No requirement or prohibition may be 
        imposed under the laws of any State with respect to any subject 
        matter regulated under this section, except for telephone 
        solicitations.''.
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