00 CS FOR HOUSE BILL NO. 109(L&C)                                                                                          
01 "An Act relating to telephone directory listings and solicitations."                                                    
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 45.50.471(b) is amended by adding a new paragraph to read:                                          
04   (38)  failing to comply with AS 45.50.475.                                                                           
05    * Sec. 2.  AS 45.50 is amended by adding a new section to read:                                                      
06  Sec. 45.50.475.  UNLAWFUL UNWANTED TELEPHONE SOLICITATION.                                                            
07 (a)  A person is in violation of AS 45.50.471(b)(38) if the person engages in the                                       
08 telephone solicitation of a residential telephone customer of a telecommunications                                      
09 company and the customer is identified in the telephone directory as not wishing to                                     
10 receive telephone solicitations.                                                                                        
11  (b)  A local exchange telecommunications company and a company that                                                   
12 provides a telephone directory on behalf of a local exchange telecommunications                                         
13 company shall provide for the identification in the telephone directory of those                                        
14 residential customers who do not wish to receive telephone solicitations.                                               
01  (c)  A local exchange telecommunications company shall, upon request, provide                                         
02 to a person who engages in telephone solicitation a list of all telephone numbers                                       
03 identified in the telephone directory as residential customers who do not wish to                                       
04 receive telephone solicitations.  If possible and if requested by the person who engages                                
05 in telephone solicitation, this list shall be provided in computer readable format.                                     
06  (d)  Local exchange telecommunications companies shall inform residential                                             
07 customers of the provisions of this section.  Notification may be made by                                               
08   (1)  annual inserts in the billing statements mailed to residential                                                  
09 customers; or                                                                                                           
10   (2)  conspicuous publication of the notice in the consumer information                                               
11 pages of local telephone directories.                                                                                   
12  (e)  In this section,                                                                                                 
13   (1)  "customer" means a residential telephone customer of a                                                          
14 telecommunications company;                                                                                             
15   (2)  "telephone solicitation"                                                                                        
16   (A)  means the solicitation by a person by telephone of a                                                           
17 customer at the residence of the customer for the purpose of encouraging the                                            
18 customer to purchase property, goods, or services, or make a donation;                                                  
19   (B)  does not include                                                                                               
20   (i)  calls made in response to a request or inquiry by the                                                         
21 called customer;                                                                                                        
22   (ii)  calls made by a charitable organization, a public                                                            
23 agency, or volunteers on behalf of the charitable organization or public                                                
24 agency to members of the organization or agency or to persons who                                                       
25 have made a donation to the organization or agency or expressed an                                                      
26 interest in making a donation;                                                                                          
27   (iii)  calls limited to polling or soliciting the expression                                                       
28 of ideas, opinions, or votes;                                                                                           
29   (iv)  business-to-business calls; or                                                                               
30   (v)  a person soliciting business from prospective                                                                 
31 purchasers who have previously purchased from the person making the                                                     
01 solicitation or from the business enterprise for which the person is                                                    
02 calling.