HB 54: "An Act relating to eavesdropping, telephone caller identification, and telephone directory listings and solicitations."
00HOUSE BILL NO. 54 01 "An Act relating to eavesdropping, telephone caller identification, and telephone 02 directory listings and solicitations." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 42.05 is amended by adding a new section to read: 05 Sec. 42.05.335. CALLER IDENTIFICATION SERVICES AND CALL 06 BLOCKING. (a) A telephone utility may not offer a caller identification service 07 unless the utility also offers customers, without charge to the customer, service that 08 prevents the subscriber who has a caller identification service from reading the number 09 of the calling party on a per line and per call basis. 10 (b) In this section, "caller identification" means a display unit that allows a 11 subscriber to read the telephone number of a calling party. 12 * Sec. 2. AS 42.20.310(a) is amended to read: 13 (a) A person may not 14 (1) use an eavesdropping device to hear or record all or any part of an
01 oral conversation without the consent of each [A] party to the conversation; 02 (2) use or divulge any information that [WHICH] the person knows 03 or reasonably should know was obtained through the illegal use of an eavesdropping 04 device for personal benefit or another's benefit; 05 (3) publish the existence, contents, substance, purport, effect, or 06 meaning of any conversation the person has heard through the illegal use of an 07 eavesdropping device; 08 (4) divulge, or publish the existence, contents, substance, purport, 09 effect, or meaning of any conversation the person has become acquainted with after 10 the person knows or reasonably should know that the conversation and the information 11 contained in the conversation was obtained through the illegal use of an eavesdropping 12 device. 13 * Sec. 3. AS 45.50.471(b) is amended by adding a new paragraph to read: 14 (33) failing to comply with AS 45.50.475. 15 * Sec. 4. AS 45.50 is amended by adding a new section to read: 16 Sec. 45.50.475. UNLAWFUL TELEPHONE SOLICITATION IF PARTY 17 IDENTIFIED IN TELEPHONE DIRECTORY. (a) A person is in violation of 18 AS 45.50.471(b)(33) if the person engages in the telephone solicitation of a party and 19 that party is identified in the party's telephone directory as a party that does not wish 20 to receive telephone solicitations. 21 (b) A telecommunication company shall provide for the identification of those 22 parties in a telephone directory who do not wish to receive telephone solicitations. 23 (c) The Alaska Public Utilities Commission shall, by regulation, require that 24 telecommunications companies inform parties of the provisions of this section. 25 Notification may be made by 26 (1) annual inserts in the billing statements mailed to parties; or 27 (2) conspicuous publication of the notice in the consumer information 28 pages of local telephone directories. 29 (d) In this section, 30 (1) "party" means a residential telephone customer of a 31 telecommunications company;
01 (2) "telephone solicitation" 02 (A) means the solicitation by a person by telephone of a party 03 at the residence of the party for the purpose of encouraging the party to 04 purchase property, goods, or services, or make a donation; 05 (B) does not include 06 (i) calls made in response to a request or inquiry by the 07 called party; 08 (ii) calls made by a charitable organization, a public 09 agency, or volunteers on behalf of the organization or agency to 10 members of the organization or agency or to persons who have made 11 a donation to the organization or agency or expressed an interest in 12 making a donation; 13 (iii) calls limited to polling or soliciting the expression 14 of ideas, opinions, or votes; 15 (iv) business-to-business calls; or 16 (v) a person soliciting business from prospective 17 purchasers who have previously purchased from the person making the 18 solicitation or from the business enterprise for which the person is 19 calling.