1.1 	A bill for an act
1.2 	relating to consumer protection; regulating the
1.3 	creation and maintenance of wireless directory
1.4 	assistance service databases; protecting consumer
1.5 	privacy; proposing coding for new law in Minnesota
1.6 	Statutes, chapter 325E.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. [325E.317] DEFINITIONS.
1.9 		Subdivision 1.Scope. For purposes of this section and
1.10 	section 325E.318, the terms defined in subdivisions 2 to 7 have
1.11 	the meanings given them.
1.12 	Subd. 2.[CALLING PARTY'S IDENTITY.] "Calling party's
1.13 	identity" means the telephone number of the calling party or the
1.14 	name of the subscriber to the telephone, or an oral or text
1.15 	message that provides sufficient information to enable a
1.16 	commercial mobile services subscriber to determine who is
1.17 	calling.
1.18 		Subd. 3.Current subscriber. "Current subscriber" means
1.19 	any subscriber to commercial mobile service as of the date when
1.20 	a wireless directory assistance is implemented by a provider of
1.21 	commercial mobile service.
1.22 		Subd. 4.New subscriber. "New subscriber" means any
1.23 	subscriber to commercial mobile service who becomes a subscriber
1.24 	after the date when a wireless directory assistance service is
1.25 	implemented by a provider of commercial mobile service, and
1.26 	includes any subscriber of a different provider of commercial
2.1 	mobile service who subsequently switches to a new provider of
2.2 	commercial mobile service.
2.3 		Subd. 5.Unlisted commercial mobile services
2.4 	subscriber. "Unlisted commercial mobile services subscriber"
2.5 	means:
2.6 	(1) a current subscriber to commercial mobile services who
2.7 	has not provided express prior consent to a commercial mobile
2.8 	service provider to be included in a wireless directory
2.9 	assistance service database; and 
2.10 	(2) a new subscriber to commercial mobile service who has
2.11 	exercised the right contained in section 325E.318, subdivision
2.12 	2, clause (2), to decline or refuse inclusion in a wireless
2.13 	directory assistance database.
2.14 		Subd. 6.Wireless directory assistance
2.15 	service. "Wireless directory assistance service" means any
2.16 	service for connecting calling parties to a subscriber of
2.17 	commercial mobile service when the calling parties themselves do
2.18 	not possess the subscriber's wireless telephone number
2.19 	information.
2.20 		Subd. 7.Wireless telephone number
2.21 	information. "Wireless telephone number information" means the
2.22 	telephone number, electronic address, and any other identifying
2.23 	information by which a calling party may reach a subscriber to
2.24 	commercial mobile services, and which is assigned by a
2.25 	commercial mobile service provider to the subscriber, and
2.26 	includes the subscriber's name and address.

2.27 	Sec. 2. [325E.318] WIRELESS CONSUMER PRIVACY PROTECTION.
2.28 		Subdivision 1.Current subscribers. A provider of
2.29 	commercial mobile services, or any direct or indirect affiliate
2.30 	or agent of a provider, may not include the wireless telephone
2.31 	number information of any current subscriber in any wireless
2.32 	directory assistance service database unless:
2.33 	(1) the mobile service provider provides a conspicuous,
2.34 	separate notice to the subscriber informing the subscriber of
2.35 	the right not to be listed in any wireless directory assistance
2.36 	service; and 
3.1 	(2) the mobile service provider obtains express prior
3.2 	authorization for listing from the subscriber, separate from any
3.3 	authorization obtained to provide the subscriber with commercial
3.4 	mobile service, or any calling plan or service associated with
3.5 	the commercial mobile service, and the authorization has not
3.6 	been subsequently withdrawn.
3.7 		Subd. 2.New subscribers. A provider of commercial
3.8 	mobile services, or any direct or indirect affiliate or agent of
3.9 	such a provider, may include the wireless telephone number
3.10 	information of any new subscriber in a wireless directory
3.11 	assistance service database only if the commercial mobile
3.12 	service provider:
3.13 	(1) provides a conspicuous, separate notice to the
3.14 	subscriber, at the time of entering into an agreement to provide
3.15 	commercial mobile service, and at least once a year thereafter,
3.16 	informing the subscriber of the right not to be listed in any
3.17 	wireless directory assistance service database; and 
3.18 	(2) provides the subscriber with convenient mechanisms by
3.19 	which the subscriber may decline or refuse to participate in the
3.20 	database, including mechanisms at the time of entering into an
3.21 	agreement to provide commercial mobile service, in the billing
3.22 	of the service, and when receiving any connected call from a
3.23 	wireless directory assistance service.
3.24 		Subd. 3.Call forwarding. A provider of commercial
3.25 	mobile services, or any direct or indirect affiliate or agent of
3.26 	the provider, may connect a calling party from a wireless
3.27 	directory assistance service to a commercial mobile service
3.28 	subscriber only if:
3.29 	(1) the subscriber is provided prior notice of the calling
3.30 	party's identity and is permitted to accept or reject the
3.31 	incoming call on a per call basis;
3.32 	(2) the subscriber's wireless telephone number information
3.33 	is not disclosed to the calling party; and 
3.34 	(3) the subscriber is not an unlisted commercial mobile
3.35 	service subscriber.
3.36 		Subd. 4.Publication of directories prohibited. A
4.1 	provider of commercial mobile services, or any direct or
4.2 	indirect affiliate or agent of a provider, may not publish, in
4.3 	printed, electronic, or other form, the contents of any wireless
4.4 	directory assistance service database, or any portion or segment
4.5 	of it.
4.6 		Subd. 5.No consumer fee for retaining privacy. A
4.7 	provider of commercial mobile services may not charge any
4.8 	subscriber for exercising any of the rights under this
4.9 	subdivision.