I
112th CONGRESS
1st Session
H. R. 3035
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.
Short title
This Act may be cited as the
Mobile Informational Call Act of
2011
.
Definitions
In general
Section 227(a) of the Communications Act of 1934 (47 U.S.C. 227(a)) is amended—
by amending paragraph (1) to read as follows:
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.
;
in paragraph (2)—
by striking
subsection (b)(1)(C)(i)
and inserting paragraph (3) and
subsection (b)(1)(C)(i)
;
in subparagraph
(A), by striking ; and
and inserting a semicolon;
in subparagraph
(B), by striking paragraph (2)(G)).
and inserting
subsection (b)(2)(G); and
; and
by adding at the end the following:
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.
;
by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; and
by inserting after paragraph (2) the following:
The term prior express
consent
means the oral or written approval of a person—
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
that is provided when such person purchases a good or service or at any other point during such relationship.
.
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)
.
Informational calls to mobile telephone numbers
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:
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—
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);
to the telephone line of any guest room or patient room of a hospital, health care facility, elderly home, or similar establishment;
to any telephone number assigned to a paging service; or
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;
.
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)
.
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—
.
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:
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.
.
