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HB 230: "An Act relating to the collection of customer information by telecommunications and Internet service providers; and establishing an unfair trade practice under the Alaska Unfair Trade Practices and Consumer Protection Act."

00                             HOUSE BILL NO. 230                                                                          
01 "An Act relating to the collection of customer information by telecommunications and                                    
02 Internet service providers; and establishing an unfair trade practice under the Alaska                                  
03 Unfair Trade Practices and Consumer Protection Act."                                                                    
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. The uncodified law of the State of Alaska is amended by adding a new section                          
06 to read:                                                                                                              
07       LEGISLATIVE FINDINGS. The legislature finds that the collection of a customer's                                   
08 personal information by a telecommunications service or Internet service provider without the                           
09 customer's consent                                                                                                      
10            (1)  vitally affects the public interest;                                                                    
11            (2)  is not a reasonable method of developing or preserving a business; and                                  
12            (3)  is an unfair and deceptive trade practice.                                                              
13    * Sec. 2. AS 45.48 is amended by adding a new section to read:                                                     
14                     Article 6A. Information Disclosure.                                                               
01 Sec. 45.48.800. Approval required for information disclosure. (a) If a                                                
02 telecommunications service or Internet service provider has entered into a franchise                                    
03 agreement, right-of-way agreement, or other agreement with the state or a                                               
04 municipality, or uses facilities that are subject to those agreements, even if the                                      
05 provider is not a party to the agreements, the provider may not collect personal                                        
06 information from a customer resulting from the customer's use of the                                                    
07 telecommunications service or Internet service without the express written approval of                                  
08       the customer.                                                                                                     
09 (b)  A telecommunications service provider or Internet service provider may                                             
10 not refuse to provide services to a customer solely because the customer has not                                        
11       approved the collection of the customer's personal information by the provider.                                   
12 (c)  In this section, "telecommunications service" means communication by                                               
13       cable, telegraph, telephone, or broadcast.                                                                        
14    * Sec. 3. AS 45.50.471(b) is amended by adding a new paragraph to read:                                            
15 (58)  violating AS 45.48.800 (telecommunications and Internet                                                           
16       information collection).                                                                                          
17    * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to                          
18 read:                                                                                                                   
19 APPLICABILITY. AS 45.48.800, enacted by sec. 2 of this Act, and                                                         
20 AS 45.50.471(b)(58), enacted by sec. 3 of this Act, apply to a contract between a                                       
21 telecommunications service provider or Internet service provider and a customer for                                     
22 telecommunications service or Internet service if the contract is entered into on or after the                          
23 effective date of this Act. In this section, "telecommunications service" has the meaning given                         
24 in AS 44.48.800(c).