H.R. 3035 (112th): Mobile Informational Call Act of 2011

112th Congress, 2011–2013. Text as of Sep 22, 2011 (Introduced).

Status & Summary | PDF | Source: GPO

I

112th CONGRESS

1st Session

H. R. 3035

IN THE HOUSE OF REPRESENTATIVES

September 22, 2011

(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.

1.

Short title

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

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).

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—.

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.

.