SENATE BILL NO. 239 "An Act relating to telephone advertisements, solicitations, and directory listings." Testimony was given by the sponsor of the bill, Senator Steve Rieger. He advised that the bill would allow a residential telephone subscriber to have a notation placed in a directory expressing a desire to not receive telephone solicitations. With reference to Amendment #1 the chairman of Labor and Commerce Committee requested the scope of the bill no longer include opinion polls. This would prohibit automated polling and interconnects with some Federal laws. Reference was made to Amendment #2 and the Alaska Telephone Association requested amendments put in by the House be offered here to keep the two bills the same. They felt they should not have out-of-pocket costs to do this notation in the directory. This should be submitted and approved by the APUC as an extra charge. Senator Phillips wanted to know what triggered the introduction of this bill. Senator Rieger said that there has been on-going low level complaints where everyone has been bothered by calls and would like to have flexibility to control their lives a little more and place that notice in the directory. It does not prohibit commercial solicitation but rather allows an individual to opt to prohibit solicitation to themselves. Senator Phillips inquired if this would extend to U.S. mail. Senator Frank noted that some people have "no soliciting" signs on their mailbox or house. Senator Rieger further explained that when the telephone rings one has no idea if it is an emergency call or something you do not want to answer. It is reasonable to be able to have some control because sometimes these calls are very inconvenient and frustrating. The unlisted number does not prevent solicitation because it is not always a case of using a phone book but rather a computer set of just telephone numbers provided in electronic format by the phone company to a solicitor. GCI requested an amendment that they be allowed to provide no solicitation information in the electronic format. Senator Frank asked about the penalties and the costs allowed to be deducted by APUC. Why would they have to have this specifically allowed to be deducted from their expenses? Senator Rieger said this was a specific request by the telephone association and explained how they interpreted it. The extent of the costs would be clear and not be spread as part of an overall residential rate. The cost would be borne by the one requesting the service. In regards to the penalties there is a section of the Alaska Statutes called Unfair Trade Practices and Consumer Protection and this just adds to a long list of items already included. Senator Sharp commented that this is different than the mail wherein the mail is being paid for by the sender; the telephone is something an individual pays for and therefore this bill would give the customer some control over what they pay for and who has access to use it for their own commercial benefit. Senator Sharp elaborated as an example of the high number of calls one might receive between 5:00 p.m. and 7:00 p.m. and that this is out of control. He did note that charitable organizations were excluded from this bill. Senator Phillips discussed the deletion of opinion polling and that it was also a form of solicitation. Senator Rieger informed the committee that there was an expressed permission in the Federal Law permitting computerized polling and also the Telecommunications Act of 1991. Co- chairman Halford wanted to know if this ruling under Federal Law would supercede any State law. Senator Frank said that if that was the case our law would just be invalidated. Senator Rieger MOVED amendment #1 and asked unanimous consent. Senator Frank asked who would enforce this amendment and felt that if it was contrary to Federal Law then they should be the ones to enforce it. Senator Phillips reiterated the fact that he opposes the amendment because if people do not want to be bothered then they should not be subject to any form of solicitation. Amendment #1 FAILED adoption. Senator Rieger MOVED amendment #2 and asked unanimous consent. Without objection amendment #2 was ADOPTED. Senator Rieger MOVED SCS CSSB 239(FIN) and without objection it was REPORTED OUT with individual recommendations and zero fiscal notes from the Department of Law and the Department of Commerce and Economic Development.