CSSB 239(FIN): "An Act relating to telephone advertisements, solicitations, opinion polls, and directory listings."
00CS FOR SENATE BILL NO. 239(FIN) 01 "An Act relating to telephone advertisements, solicitations, opinion polls, and 02 directory listings." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 45.50.471(b) is amended by adding a new paragraph to read: 05 (41) failing to comply with AS 45.50.475. 06 * Sec. 2. AS 45.50 is amended by adding a new section to read: 07 Sec. 45.50.475. UNLAWFUL UNWANTED TELEPHONE 08 ADVERTISEMENTS, SOLICITATIONS, AND OPINION POLLING. (a) A person 09 is in violation of AS 45.50.471(b)(41) if the person 10 (1) engages in the telephone solicitation of a residential telephone 11 customer of a telecommunications company and the customer is identified in the 12 telephone directory as not wishing to receive telephone solicitations; 13 (2) originates a telephone call using an automated or recorded message 14 as a telephonic advertisement or solicitation; or
01 (3) uses an automated message to solicit by telephone the opinion of an 02 individual at a residential telephone if the customer is identified in the telephone 03 directory as not wishing to receive telephone solicitations. 04 (b) A local exchange telecommunications company and a company that provides 05 a telephone directory on behalf of a local exchange telecommunications company shall 06 provide for the identification in the telephone directory of those residential customers 07 who do not wish to receive telephone solicitations. The local exchange 08 telecommunications company may impose a reasonable charge for identification in the 09 directory. The charge shall be based on the cost of providing the identification and 10 subject to the approval of the Alaska Public Utilities Commission. 11 (c) A local exchange telecommunications company shall, upon request, provide 12 to a person who engages in telephone solicitation a list of all telephone numbers 13 identified in the telephone directory as residential customers who do not wish to receive 14 telephone solicitations. If possible and if requested by the person who engages in 15 telephone solicitation, this list shall be provided in computer readable format. The local 16 exchange telecommunications company may impose a reasonable charge for the list. The 17 charge shall be based on the cost of providing the list and subject to the approval of the 18 Alaska Public Utilities Commission. 19 (d) When providing a telephone number at the request of a caller, a telephone 20 company that provides a directory assistance service shall advise the caller if the 21 customer is identified in the telephone directory as a residential customer who does not 22 wish to receive telephone solicitations. 23 (e) Local exchange telecommunications companies shall inform residential 24 customers of the provisions of this section. Notification may be made by 25 (1) annual inserts in the billing statements mailed to residential 26 customers; or 27 (2) conspicuous publication of the notice in the consumer information 28 pages of local telephone directories. 29 (f) In this section, 30 (1) "charitable organization" has the meaning given in AS 45.68.900; 31 (2) "customer" means a residential telephone customer of a
01 telecommunications company; 02 (3) "telephone solicitation" 03 (A) means the solicitation by a person by telephone of a customer 04 at the residence of the customer for the purpose of encouraging the customer to 05 purchase property, goods, or services, or make a donation; 06 (B) does not include 07 (i) calls made in response to a request or inquiry by the 08 called customer or communications made during a call made by the 09 customer; 10 (ii) calls made by a charitable organization, a public 11 agency, or volunteers on behalf of the charitable organization or public 12 agency to members of the organization or agency or to persons who, 13 within the last 24 months, have made a donation to the organization or 14 agency or expressed an interest in making a donation; 15 (iii) calls limited to polling or soliciting the expression of 16 ideas, opinions, or votes; 17 (iv) business-to-business calls; or 18 (v) a person soliciting business from prospective 19 purchasers who have previously purchased from the person making the 20 solicitation or from the business enterprise for which the person is calling 21 but only if the person or business enterprise has not received a written 22 request from the prospective purchaser asking that telephone solicitations 23 cease; the person or business enterprise is presumed to have received a 24 written request no later than 10 days after the prospective purchaser 25 mailed it, properly addressed and with the appropriate postage. 26 * Sec. 3. AS 45.50.472 is repealed.