California Senate Bill SB920 Amended / Bill

 BILL NUMBER: SB 920AMENDED BILL TEXT AMENDED IN SENATE MAY 19, 2010 AMENDED IN SENATE MAY 5, 2010 AMENDED IN SENATE APRIL 27, 2010 AMENDED IN SENATE APRIL 7, 2010 INTRODUCED BY Senator Yee (Coauthors: Senators DeSaulnier and Wiggins) (Coauthors: Assembly Members Blumenfield, Brownley, Jones, and Salas) FEBRUARY 1, 2010 An act to add Section 2887 to the Public Utilities Code, relating to telecommunications. LEGISLATIVE COUNSEL'S DIGEST SB 920, as amended, Yee. Alphabetical telephone directories: distribution. Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. Existing law provides that, unless certain determinations are made by the commission about the impact of federal action, the commission has no jurisdiction or control over classified telephone directories (commonly known as yellow pages) or commercial advertising included as part of a telephone corporation's alphabetical telephone directories (commonly known as white pages). Existing law requires the commission to require all telephone corporations that are local exchange carriers to include in their telephone directory information concerning emergency situations that may affect the telephone network. This bill would require a telephone corporation  or 3rd-party vendor, as defined,  to allow any telephone service subscriber to opt out of receiving a telephone directory published by a telephone corporation or 3rd-party vendor. The bill would prohibit telephone corporations  and 3rd-party vendors  from delivering directories to subscribers who opt out of receiving a directory  , require that a telephone corporation or 3rd party vendor to demonstrate compliance with a specified law relative to recycled-content newsprint,  and require that a directory contain clear and conspicuous language regarding opting out of receiving future directories and recycling of the directory.  The bill would require each telephone corporation to require each 3rd-party vendor, as defined, as a contractual condition for receiving   telephone subscriber information from the telephone corporation that is to be incorporated into a telephone directory, to agree to not deliver directories to subscribers who opt out of receiving a directory and to include clear and conspicuous language in a directory regarding opting out of receiving future directories and recycling of the directory.  Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 2887 is added to the Public Utilities Code, to read: 2887. (a) As used in this section, "third-party vendor" means any entity other than a telephone corporation that publishes telephone subscriber information derived from information obtained through a contractual relationship with a telephone corporation  in a telephone directory distributed to residents and telephone service subscribers in this state.  "Third-party vendor" does not include an entity publishing an employment or organizational roster or directory on behalf of the employer or organization.  (b) Each telephone corporation  and third-party vendor  shall do all of the following: (1) Allow any telephone service customer to opt out of receiving a telephone directory published by a telephone corporation or third-party vendor. (2) Not deliver a directory to any subscriber who has opted out of delivery until the subscriber requests that directory delivery be resumed. This paragraph does not prohibit a telephone corporation or third-party vendor from attempting to verify that a subscriber's request to opt out is still valid. (3) Provide on the front cover of its telephone directory, in clear and conspicuous language, all of the following information: (A) A telephone number or Internet Web site address, or both, for a subscriber to use to submit a request to opt out of delivery of future telephone directories. (B) A statement that the directory can be recycled.  (4) Demonstrate compliance with Chapter 15 (commencing with Section 42750) of Part 3 of Division 30 of the Public Resources Code regarding the use of recycled-content newsprint.   (4) Require that each third-party vendor, as a contractual condition for receiving telephone subscriber information from the telephone corporation, agree to comply with paragraphs (2) and (3) with respect to any telephone directory distributed by the third-party vendor that incorporates information obtained pursuant to the contract.