H.R. 5126 (109th): Truth in Caller ID Act of 2006

109th Congress, 2005–2006. Text as of Jun 07, 2006 (Referred to Senate Committee).

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HR 5126 RFS

109th CONGRESS

2d Session

H. R. 5126

IN THE SENATE OF THE UNITED STATES

June 7, 2006

Received; read twice and referred to the Committee on Commerce, Science, and Transportation


AN ACT

To amend the Communications Act of 1934 to prohibit manipulation of caller identification information, 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 `Truth in Caller ID Act of 2006'.

SEC. 2. PROHIBITION REGARDING MANIPULATION OF CALLER IDENTIFICATION INFORMATION.

    Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is amended--

      (1) by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; and

      (2) by inserting after subsection (d) the following new subsection:

    `(e) Prohibition on Provision of Deceptive Caller Identification Information-

      `(1) IN GENERAL- It shall be unlawful for any person within the United States, in connection with any telecommunications service or VOIP service, to cause any caller identification service to transmit misleading or inaccurate caller identification information, with the intent to defraud or cause harm.

      `(2) PROTECTION FOR BLOCKING CALLER IDENTIFICATION INFORMATION- Nothing in this subsection may be construed to prevent or restrict any person from blocking the capability of any caller identification service to transmit caller identification information.

      `(3) REGULATIONS- Not later than 6 months after the enactment of this subsection, the Commission shall prescribe regulations to implement this subsection.

      `(4) DEFINITIONS- For purposes of this subsection:

        `(A) CALLER IDENTIFICATION INFORMATION- The term `caller identification information' means information provided to an end user by a caller identification service regarding the telephone number of, or other information regarding the origination of, a call made using a telecommunications service or VOIP service.

        `(B) CALLER IDENTIFICATION SERVICE- The term `caller identification service' means any service or device designed to provide the user of the service or device with the telephone number of, or other information regarding the origination of, a call made using a telecommunications service or VOIP service. Such term includes automatic number identification services.

        `(C) VOIP SERVICE- The term `VOIP service' means a service that--

          `(i) provides real-time voice communications transmitted through end user equipment using TCP/IP protocol, or a successor protocol, for a fee or without a fee;

          `(ii) is offered to the public, or such classes of users as to be effectively available to the public (whether part of a bundle of services or separately); and

          `(iii) has the capability to originate traffic to, and terminate traffic from, the public switched telephone network.

      `(5) SAVINGS PROVISION- Nothing in this Act may be construed to affect or alter the application of the Commission's regulations regarding the requirements for transmission of caller identification information for telemarketing calls, issued pursuant to the Telephone Consumer Protection Act of 1991 (Public Law 102-243) and the amendments made by such Act.'.

Passed the House of Representatives June 6, 2006.

Attest:

KAREN L. HAAS,

Clerk.