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[Senate Report 108-423]
[From the U.S. Government Publishing Office]

108th Congress                                                   Report
                                 SENATE
 2d Session                                                     108-423
_______________________________________________________________________

                                     

                                                       Calendar No. 810

                        WIRELESS 411 PRIVACY ACT

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                       S. H.R. deg. 1963

                             together with

                             MINORITY VIEWS

DATE deg.December 7, 2004.--Ordered to be printed

       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                      one hundred eighth congress
                             second session

                     JOHN McCAIN, Arizona, Chairman
TED STEVENS, Alaska                  ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana                DANIEL K. INOUYE, Hawaii
TRENT LOTT, Mississippi              JOHN D. ROCKEFELLER IV, West 
KAY BAILEY HUTCHISON, Texas              Virginia
OLYMPIA J. SNOWE, Maine              JOHN F. KERRY, Massachusetts
SAM BROWNBACK, Kansas                JOHN B. BREAUX, Louisiana
GORDON SMITH, Oregon                 BYRON L. DORGAN, North Dakota
PETER G. FITZGERALD, Illinois        RON WYDEN, Oregon
JOHN ENSIGN, Nevada                  BARBARA BOXER, California
GEORGE ALLEN, Virginia               BILL NELSON, Florida
JOHN E. SUNUNU, New Hampshire        MARIA CANTWELL, Washington
                                     FRANK LAUTENBERG, New Jersey
           Jeanne Bumpus, Staff Director and General Counsel
                   Rob Freeman, Deputy Staff Director
     Samuel Whitehorn, Democratic Staff Director and Chief Counsel
               Margaret Spring, Democratic Senior Counsel

                                                       Calendar No. 810
108th Congress                                                   Report
                                 SENATE
 2d Session                                                     108-423

======================================================================

 
                        WIRELESS 411 PRIVACY ACT

                                _______
                                

                December 7, 2004.--Ordered to be printed

                                _______
                                

       Mr. McCain, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                         [To accompany S. 1963]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill joint resolution deg. (S. 
H.R. deg. 1963) TITLE deg. to amend the 
Communications Act of 1934 to protect the privacy rights of 
subscribers to wireless communications services, having 
considered the same, reports favorably thereon without 
amendment deg. with amendments deg. with an amendment 
(in the nature of a substitute) and recommends that the bill 
joint resolution deg. (as amended) do pass.

                          Purpose of the Bill

  The purpose of this legislation is to amend section 332(c) of 
the Communications Act of 1934 (47 U.S.C. 332(c)) by adding a 
new paragraph (9) to: (1) require providers of wireless 
directory assistance services to obtain the express prior 
authorization of a subscriber before listing his or her 
wireless telephone number in a directory assistance database; 
(2) require such providers to remove the wireless telephone 
number of any subscriber from any directory assistance database 
upon request and without any charge to the subscriber; (3) 
require telecommunications carriers to avoid disclosing on 
their customer bills any wireless telephone numbers of 
consumers who have indicated such a preference to their 
wireless carriers; (4) prohibit the publishing (in printed, 
electronic, or other form), sale, or other dissemination of a 
wireless telephone number without consent; and (5) prohibit 
wireless directory assistance providers from charging consumers 
for exercising any of their rights provided under this 
legislation.

                          Background and Needs

  Wireless service providers have developed plans to create a 
nationwide directory of wireless telephone numbers for those 
subscribers who wish to be reachable on their wireless phones 
through directory assistance services, also known as ``411'' 
services. Some wireless subscribers, including consumers 
without wireline phones, professionals working outside an 
office environment, and small business owners providing 
services away from a central location, are increasingly 
requesting that service providers make their numbers more 
widely available to the public. Industry efforts to create a 
nationwide directory, however, have raised privacy concerns for 
consumers who wish to keep their wireless phone numbers 
private, and who are uncertain whether they will be provided 
with a choice to do so under proposed directory services.
  According to The Pierz Group, an independent research and 
analysis group examining wireless directory services, an 
estimated 4.8 million wireless subscribers (or approximately 3 
percent of wireless subscribers nationwide) have listed their 
phone numbers in a published directory--either in phone books 
or in directories used for operator services. The Pierz Group 
found that a majority of these listings are for subscribers, 
such as contractors and other home service professionals, whose 
businesses require them to travel within a particular 
geographic region where their customers are located. \1\ 
Additionally, a survey released by The Pierz Group on August 
30, 2004, found that 11 percent, or nearly 18 million wireless 
subscribers, would list their numbers in public directories 
without any privacy protections if those services were offered 
by wireless carriers today. According to the report, this 
represents a five-fold increase over the past year (from 2 
percent to 11 percent) of wireless subscribers that would now 
publicly list their wireless numbers without any privacy 
protections. The Pierz Group believes a principal reason for 
this result is increased consumer confidence in the enforcement 
of telemarketing rules following the effective implementation 
of the national Do-Not-Call registry in 2003. \2\
---------------------------------------------------------------------------
    \1\ Kathleen A. Pierz, Adding Mobile Numbers to the U.S. Directory 
Assistance/Enquiry Database, p. 48 (June 30, 2004).
    \2\ Kathleen A. Pierz, Consumers and the Mobile 411 Directory: A 
National Consumer Research Study to Assess Consumer Attitudes toward 
Adding Mobile Numbers to the Directory Assistance/Enquiry Database 
(``Consumer Research Study''), p. 15 (August 30, 2004).
---------------------------------------------------------------------------
  Despite the demand for listing by a small number of 
subscribers even without privacy protections, participating 
wireless carriers have pledged to address broader consumer 
concerns about wireless number privacy by taking steps to 
protect consumers' privacy preferences. Some consumer privacy 
groups, however, continue to raise concerns over the risks of 
creating a large, multi-carrier database of wireless numbers 
and whether industry's proposals to include privacy protections 
are sufficient.
  Since wireless telephone service was first introduced, 
wireless consumers have considered their numbers private and 
assumed they retained ultimate control over who would have 
access to their telephone numbers. In addition, because 
wireless customers in the U.S. pay for all in- and out-bound 
calls (unlike European markets where the calling party pays), 
concerns still remain about consumers incurring unwanted 
charges or exhausting allotted minutes of use by receiving 
calls they do not want, even if they have large buckets of 
minutes included in their service package and therefore charges 
would likely be minimal. Given the industry's expressed pledge 
to provide privacy protections sought by consumer and privacy 
groups is whether privacy requirements and consumer protections 
should be required by law, or whether market forces are 
sufficient to protect consumers.
  The primary concerns surrounding the wireless number 
directory center over two issues: who would have access to 
subscribers' numbers, and what hurdles (including additional 
costs) face subscribers who decide to have their numbers 
omitted from such a directory? Proponents of the wireless phone 
directory assert that the vendor chosen to implement the 
directory is currently working with carriers to ensure that the 
database they put in place will be secure and responsive to 
consumer concerns about preventing or limiting general 
accessibility to their listed wireless number and related 
subscriber information. In particular, participating carriers 
have indicated that the wireless directory services they are 
proposing would take some or all of the following measures to 
protect consumer privacy:
         provide robust notice and choice to their 
        subscribers regarding any proposed directory services, 
        ensuring that subscribers must first opt in before 
        their numbers are listed in any directory assistance 
        database;
         enable subscribers to keep their numbers out 
        of a directory assistance database at no additional 
        charge;
         prohibit sharing of subscriber numbers with 
        third parties, particularly telemarketers; and
         prohibit the publishing in written, 
        electronic, or otherwise web-accessible form of any 
        subscriber numbers listed in a directory.
  According to The Pierz Group's most recent survey, if these 
protections were guaranteed, up to 52 percent of wireless 
subscribers, or 84.2 million customers, would be willing to 
list their wireless phone numbers in a directory assistance 
service.
  Although the participating national wireless carriers have 
committed to voluntarily adopt the privacy and consumer 
protections outlined above, consumer and privacy advocates 
argue that these policies have yet to appear in many of the 
contracts governing the terms of service between the wireless 
carriers and their new or existing customers.
  National wireless carriers who are participating in the 
proposed multi-company directory and have agreed to these 
standards believe that preemptive legislation mandating such 
requirements is unnecessary in the competitive wireless 
industry, and that it will restrict carriers from creating more 
robust business-driven solutions to meet consumer demands as 
they evolve. Consumer and privacy rights activists advocate the 
same privacy measures being considered by the carriers, but 
argue that Congress should establish legally binding baseline 
requirements to ensure that wireless companies do not alter 
their policies as their business models change.

                          Legislative History

  On November 25, 2003, Senator Specter introduced S. 1963, the 
``Wireless 411 Privacy Act''. The bill is currently cosponsored 
by Senators Boxer, Dayton, Enzi, Kennedy, Lautenberg, Leahy, 
Nelson, and Schumer. Identical legislation was also introduced 
in the 108th Congress in the Senate by Senator DeWine (S. 1973) 
and in the House of Representatives by Rep. Pitts (H.R. 3558). 
Both Senate bills, S. 1963 and S. 1973, were referred to the 
Committee on Commerce, Science, and Transportation.
  On September 21, 2004, the Committee held a hearing on S. 
1963. Witnesses at the hearing included Senator Specter as well 
as a diverse group of representatives from several companies, 
an industry association, a public interest group, and a private 
party, all interested in the privacy regulation of wireless 
directory assistance services.
  On September 22, 2004, the Committee met in open executive 
session to consider an amendment in the nature of a substitute 
to S. 1963 offered by Senator Boxer that made several 
substantive changes to the bill's provisions, as introduced. 
The amendment was adopted by a roll call vote of 12-10 and the 
bill was ordered to be reported, as amended.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

S. 1963--Wireless 411 Privacy Act

    S. 1963 would prohibit wireless telephone providers from 
listing subscribers' numbers in a directory unless the 
subscribers have authorized such services. Wireless telephone 
providers also would be required to remove a subscriber's 
number from any wireless directory assistance database if 
requested by a subscriber and without any charge to that 
subscriber.
    Enacting S. 1963 could affect direct spending and receipts 
because providers who violate the provisions of the bill could 
be subject to civil or criminal penalties. Based on information 
from the Federal Communications Commission, CBO expects that 
there would be few violations of the bill's provisions. Thus, 
CBO estimates that any collections for civil or criminal 
penalties would not be significant. In addition, because the 
agency expects a relatively high degree of compliance with the 
bill's provisions, CBO estimates that any costs associated with 
the enforcing the bill's requirements, which would be subject 
to the availability of appropriated funds, would not be 
significant.
    S. 1963 contains intergovernmental mandates as defined in 
the Unfunded Mandates Reform Act (UMRA), but CBO estimates that 
the resulting costs for state, local, and tribal governments 
would be minimal and would not exceed the threshold established 
in UMRA ($60 million in 2004, adjusted annually for inflation). 
Section 3(F) would specifically preempt state and local laws 
that require wireless telephone providers to publish 
directories of the numbers they serve. CBO is not aware of any 
such laws--based on conversations with state and local 
officials--and states generally are moving toward the standard 
that would be established in S. 1963. Therefore, CBO estimates 
that any associated costs would be minimal.
    CBO has not completed an analysis of the private-sector 
mandates in the bill. That analysis will be provided later in a 
separate report.
    The CBO staff contacts for this estimate are Susanne S. 
Mehlman (for federal costs), and Sarah Puro (for the state, 
local, and tribal impact). This estimate was approved by Peter 
H. Fontaine, Deputy Assistant Director for Budget Analysis.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

  S. 1963 would establish Federal requirements regarding the 
use of consumers' wireless telephone numbers in directory 
assistance databases provided by wireless service providers and 
their affiliates or agents. In this respect, the bill would 
cover any consumer or provider of a wireless telephone service 
in the United States for which a telephone number is used. 
Additionally, S. 1963 requires every telecommunications carrier 
to not disclose in its billing information provided to 
customers any wireless telephone number information of 
subscribers who wish to keep that information private. 
Therefore, the legislation would also cover every subscriber of 
telecommunications services that receives billing information 
about calls made to or from wireless telephone numbers, and any 
carrier that provides such information to its subscribers.

                            ECONOMIC IMPACT

  S. 1963 would require that wireless carriers providing 
directory assistance services containing subscribers' telephone 
numbers (1) comply with federally mandated notice, consent and 
removal standards in order to provide the service, (2) refrain 
from charging consumers for certain related services, including 
any election to keep their numbers unlisted, (3) refrain from 
publishing, in printed, electronic, or other form, or selling 
or otherwise disseminating any contents of directory assistance 
service databases, and (4) establish methods to relay 
information about its subscribers' privacy preferences (with 
respect to their wireless telephone numbers) to other 
telecommunications carriers that may publish the full number in 
a customer billing statement. Although one national wireless 
carrier has indicated it will not provide such directory 
assistance services and other national carriers have indicated 
that they would provide these services only under substantially 
similar restrictions, the legislation would nonetheless create 
compliance costs on such providers, as well as all 
telecommunications carriers whose customer bills may disclose 
wireless telephone numbers, in the form of equipment upgrades 
or personnel additions in order to meet the new Federal 
requirements. Such expenditures may have an economic impact on 
such businesses and the wireless industry in general, and the 
costs may be passed on to consumers of wireless and other 
telecommunications services. However, according to The Pierz 
Group, the introduction of a wireless directory assistance 
service is estimated to bring in nearly $2 billion in 
incremental revenues for the industry by 2008, which would be 
generated from additional calls to directory assistance 
services as well as from additional minutes of use on the 
network. These projected revenues may offset many of the 
potential costs resulting from this legislation.

                                PRIVACY

  S. 1963 would likely increase consumer privacy by restricting 
the use and publication of wireless telephone numbers in 
directory assistance databases absent strict requirements that 
consumers are sufficiently informed and consent to such use or 
publication. Such restrictions should result in a reduced 
likelihood of wireless subscribers receiving unwanted telephone 
calls. In this regard, the legislation is similar to the stated 
privacy goals of existing telemarketing regulations, which 
already ban autodialed telemarketing calls (including text 
messages) to wireless telephones. Additionally, because the 
legislation would prohibit wireless service providers from 
charging a fee to keep consumers' numbers unlisted (a practice 
permitted for wireline local exchange carriers), it is likely 
that more consumers will choose to keep their wireless 
telephone numbers private by not participating in the wireless 
directory assistance service.

                               PAPERWORK

  S. 1963 is expected to have minimal or no impact on current 
paperwork levels.

                      Section-by-Section Analysis

Section 1. Short title

  Section 1 would set forth the short title of the bill as the 
``Wireless 411 Privacy Act.''

Section 2. Findings

  Section 2 would set forth Congress's factual findings in 
support of the legislation.

Section 3. Consumer control of wireless phone numbers

  Section 3 would amend section 332(c) of the Communications 
Act of 1934 (47 U.S.C. 332(c)) by adding a new paragraph 9 to 
provide for wireless consumer privacy protection.
  Subparagraph (A) of paragraph (9) would prohibit wireless 
carriers (and their direct or indirect affiliates or agents) 
from including wireless telephone information of any current 
subscriber in any directory assistance database unless: (1) the 
carrier first provides a separate, conspicuous notice to the 
wireless subscriber of the right not to be listed, and (2) the 
carrier obtains express prior authorization from the subscriber 
to be included in the directory and such authorization has not 
been subsequently withdrawn.
  Subparagraph (B) of paragraph (9) would require wireless 
carriers (and their direct or indirect affiliates or agents) to 
remove the wireless telephone number of any subscriber from any 
directory assistance database upon request and without any 
charge to the subscriber.
  Subparagraph (C) of paragraph (9) would prohibit 
telecommunication carriers from disclosing in customer bills 
any wireless telephone number that a wireless subscriber has 
requested of its own wireless carrier to not disclose. 
Subparagraph (C), however, would permit telecommunications 
carriers to disclose a portion of such a wireless number so 
long as the actual number could not be readily ascertained, a 
practice sometimes referred to as ``masking'' (i.e., such a 
wireless number may appear on a bill as ``202-228-XXXX'' or in 
some similarly masked fashion).
  Subparagraph (D) of paragraph (9) would prohibit wireless 
carriers (and their direct or indirect affiliates or agents) 
from publishing, in printed, electronic, or other form, or from 
selling or otherwise disseminating, the contents of any 
wireless directory assistance service database (or any portion 
or segment of one) unless: (1) the carrier first provides a 
separate, conspicuous notice to the wireless subscriber of the 
right not to be listed, and (2) the carrier obtains express 
prior authorization from the subscriber to be included in the 
directory and such authorization has not been subsequently 
withdrawn.
  Subparagraph (E) of paragraph (9) would prohibit wireless 
carriers from charging subscribers a fee for exercising any of 
their rights provided under this section (i.e., choosing to not 
participate in a wireless directory assistance database).
  Subparagraph (F) of paragraph (9) would preempt State and 
local government imposition of requirements on wireless 
carriers (and their direct or indirect affiliates or agents) 
that are inconsistent with the requirements of paragraph (9).
  Subparagraph (G) of paragraph (9) would set forth certain 
definitions for use in this section. In particular, ``wireless 
directory assistance service'' means any service that connects 
a calling party to a wireless subscriber when such calling 
party does not already possess such subscriber's wireless 
telephone number information. Additionally, ``wireless 
telephone number information'' means the telephone number, 
electronic address, and any other identifying information by 
which a calling party may reach a wireless subscriber, 
including such subscriber's name and address.

                      Rollcall Votes in Committee

  In accordance with paragraph 7(c) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following description of the record votes during its 
consideration of S. 1963:

  Senator Boxer offered an amendment in the nature of a 
substitute. By a rollcall vote of 12 yeas and 10 nays as 
follows, the amendment was adopted:
        YEAS--12                      NAYS--10
Mrs. Hutchison                      Mr. Stevens\1\
Ms. Snowe                           Mr. Burns
Mr. Hollings                        Mr. Lott
Mr. Inouye\1\                       Mr. Brownback\1\
Mr. Rockefeller                     Mr. Smith
Mr. Breaux                          Mr. Fitzgerald\1\
Mr. Dorgan                          Mr. Ensign
Mr. Wyden                           Mr. Allen
Mrs. Boxer                          Mr. Sununu
Mr. Nelson                          Mr. McCain
Ms. Cantwell
Mr. Lautenberg

    \1\By proxy

                    MINORITY VIEWS OF SENATOR ALLEN

  S. 1963 is unnecessary and counterproductive for an industry 
that has a proven track record of innovation, lower prices, and 
protecting consumer privacy. The six largest wireless carriers, 
representing more than three-quarters of all subscribers, \1\ 
have specifically committed to this Committee that they will 
safeguard the privacy of wireless phone numbers, either by 
creating a directory assistance database that includes only the 
numbers of subscribers who affirmatively choose to be listed 
through an opt-in method or by not participating in any 
wireless directory assistance program. Those carriers who are 
planning a database have further committed not to charge 
subscribers who elect to keep their wireless numbers unlisted 
or if they elect to remove their numbers from the database. In 
testimony before the Committee, the wireless industry also 
assured us that wireless numbers from the directory assistance 
database will not be published in a directory and that the 
aggregated database will not be sold to any third-party or be 
available anywhere on the Internet. Finally, child privacy will 
be protected because customers must be 18 years or older to 
sign a contract and choose whether to be listed in the 
database. In the face of these commitments, I see no need for 
the bill.
---------------------------------------------------------------------------
    \1\ Implementation of Section 6002(b) of the Omnibus Budget 
Reconciliation Act of 1993; Annual Report and Analysis of Competitive 
Market Conditions With Respect to Commercial Mobile Service, Ninth 
Report, FCC 04-216 para.20 & Table 4 (rel. Sept. 28, 2004).
---------------------------------------------------------------------------
  Legislating in advance of any evidence of a problem is not 
only unnecessary in this case, it is also counterproductive. 
The wireless industry has thrived in the deregulatory 
environment established by Congress in 1993 and is now one of 
the country's most competitive businesses. More than 90 percent 
of Americans live in markets served by four or more wireless 
operators, and a nearly ubiquitous 98 percent of Americans live 
in a market served by three or more operators. Competition has 
driven wireless carriers to offer better service at lower 
prices. Carriers compete on the basis of service and feature 
options and calling plans, including lower prices, free 
voicemail, caller ID, and 3-way calling. Competitive forces in 
the wireless industry will discipline market participants more 
effectively than any regulator or regulation can.
  Imposing government rules for a wireless service offering 
would represent a marked and unjustified departure from the 
successful bipartisan policy of deregulation. Faced with 
unnecessary government regulation, carriers may decide not to 
offer a directory assistance database at all, leaving small 
businesses and others who rely substantially or even 
exclusively on their wireless phones no other choice but to pay 
to have their number listed in a landline directory--if they 
have that option at all, which many do not. The bill may even 
deter future innovations and industry initiatives for fear 
government mandates will be added even before the first 
customer signs up.
  Representative of the problems with this bill is the 
requirement that all telecommunications carriers, wireline as 
well as wireless, ``mask'' wireless telephone number 
information in the bills they send to their customers. While 
seemingly innocuous, compliance with this mandate would be 
costly and onerous. Carriers would essentially have to create a 
separate database of customers who elected not to have their 
number included in the directory assistance database, and every 
wireline and wireless carrier would have to check bills against 
that database to remove any numbers of customers who had not 
opted into the directory. No carrier currently has the 
technology to create the required database, query it, and 
reflect the results on bills. Requiring the creation of a 
separate database as a condition of providing directory 
assistance creates a very real risk that the entire directory 
assistance project will be deferred or even abandoned, to the 
detriment of consumers who desire such a resource.
  Let me be clear that consumer privacy must be effectively 
protected, in the context of wireless services and otherwise. 
If wireless carriers do not act in conformance with the 
commitments they have made to us, I would not hesitate to 
support remedial legislation. In this case, however, passing a 
law when there no evidence of harm and every indication that 
statutory intervention is unneeded not only puts the cart 
before the horse, it will discourage the private sector from 
even trying to develop non-regulatory solutions to such matters 
as privacy protection. For these reasons, I oppose S. 1963.

                                                      George Allen.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee states that the 
bill as reported would make no change to existing law. deg.
  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):
  In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee states that, in its 
opinion, it is necessary to dispense with the requirements of 
that paragraph in order to expedite the business of the 
Senate. deg.

                       COMMUNICATIONS ACT OF 1934

 SEC. 332. MOBILE SERVICES.

                             [47 U.S.C. 332]

  (a) Factors which Commission must consider.--In taking 
actions to manage the spectrum to be made available for use by 
the private mobile services, the Commission shall consider, 
consistent with section 1 of this Act, whether such actions 
will--
          (1) promote the safety of life and property;
          (2) improve the efficiency of spectrum use and reduce 
        the regulatory burden upon spectrum users, based upon 
        sound engineering principles, user operational 
        requirements, and market-place demands;
          (3) encourage competition and provide services to the 
        largest feasible number of users; or
          (4) increase interservice sharing opportunities 
        between private mobile services and other services.
  (b)(1) The Commission, in coordinating the assignment of 
frequencies to stations in the private mobile services and in 
the fixed services (as defined by the Commission by rule), 
shall have authority to utilize assistance furnished by 
advisory coordinating committees consisting of individuals who 
are not officers or employees of the Federal Government.
  (2) The authority of the Commission established in this 
subsection shall not be subject to or affected by the 
provisions of part III of title 5, United States Code, or 
section 3679(b) of the Revised Statutes (31 U.S.C. 665(b)).
  (3) Any person who provides assistance to the Commission 
under this subsection shall not be considered, by reason of 
having provided such assistance, a Federal employee.
  (4) Any advisory coordinating committee which furnishes 
assistance to the Commission under this subsection shall not be 
subject to the provisions of the Federal Advisory Committee 
Act.
  (c) Regulatory treatment of mobile services.--
          (1) Common carrier treatment of commercial mobile 
        services.--(A) A person engaged in the provision of a 
        service that is a commercial mobile service shall, 
        insofar as such person is so engaged, be treated as a 
        common carrier for purposes of this Act, except for 
        such provisions of title II as the Commission may 
        specify by regulation as inapplicable to that service 
        or person. In prescribing or amending any such 
        regulation, the Commission may not specify any 
        provision of section 201, 202, or 208, and may specify 
        any other provision only if the Commission determines 
        that--
                  (i) enforcement of such provision is not 
                necessary in order to ensure that the charges, 
                practices, classifications, or regulations for 
                or in connection with that service are just and 
                reasonable and are not unjustly or unreasonably 
                discriminatory;
                  (ii) enforcement of such provision is not 
                necessary for the protection of consumers; and
                  (iii) specifying such provision is consistent 
                with the public interest.
          (B) Upon reasonable request of any person providing 
        commercial mobile service, the Commission shall order a 
        common carrier to establish physical connections with 
        such service pursuant to the provisions of section 201 
        of this Act. Except to the extent that the Commission 
        is required to respond to such a request, this 
        subparagraph shall not be construed as a limitation or 
        expansion of the Commission's authority to order 
        interconnection pursuant to this Act.
          (C) The Commission shall review competitive market 
        conditions with respect to commercial mobile services 
        and shall include in its annual report an analysis of 
        those conditions. Such analysis shall include an 
        identification of the number of competitors in various 
        commercial mobile services, an analysis of whether or 
        not there is effective competition, an analysis of 
        whether any of such competitors have a dominant share 
        of the market for such services, and a statement of 
        whether additional providers or classes of providers in 
        those services would be likely to enhance competition. 
        As a part of making a determination with respect to the 
        public interest under subparagraph (A)(iii), the 
        Commission shall consider whether the proposed 
        regulation (or amendment thereof) will promote 
        competitive market conditions, including the extent to 
        which such regulation (or amendment) will enhance 
        competition among providers of commercial mobile 
        services. If the Commission determines that such 
        regulation (or amendment) will promote competition 
        among providers of commercial mobile services, such 
        determination may be the basis for a Commission finding 
        that such regulation (or amendment) is in the public 
        interest.
          (D) The Commission shall, not later than 180 days 
        after the date of enactment of this subparagraph, 
        complete a rulemaking required to implement this 
        paragraph with respect to the licensing of personal 
        communications services, including making any 
        determinations required by subparagraph (C).
          (2) Non-common carrier treatment of private mobile 
        services.--A person engaged in the provision of a 
        service that is a private mobile service shall not, 
        insofar as such person is so engaged, be treated as a 
        common carrier for any purpose under this Act. A common 
        carrier (other than a person that was treated as a 
        provider of a private land mobile service prior to the 
        enactment of the Omnibus Budget Reconciliation Act of 
        1993) shall not provide any dispatch service on any 
        frequency allocated for common carrier service, except 
        to the extent such dispatch service is provided on 
        stations licensed in the domestic public land mobile 
        radio service before January 1, 1982. The Commission 
        may by regulation terminate, in whole or in part, 
theprohibition contained in the preceding sentence if the Commission 
determines that such termination will serve the public interest.
          (3) State preemption.--(A) Notwithstanding sections 
        2(b) and 221(b), no State or local government shall 
        have any authority to regulate the entry of or the 
        rates charged by any commercial mobile service or any 
        private mobile service, except that this paragraph 
        shall not prohibit a State from regulating the other 
        terms and conditions of commercial mobile services. 
        Nothing in this subparagraph shall exempt providers of 
        commercial mobile services (where such services are a 
        substitute for land line telephone exchange service for 
        a substantial portion of the communications within such 
        State) from requirements imposed by a State commission 
        on all providers of telecommunications services 
        necessary to ensure the universal availability of 
        telecommunications service at affordable rates. 
        Notwithstanding the first sentence of this 
        subparagraph, a State may petition the Commission for 
        authority to regulate the rates for any commercial 
        mobile service and the Commission shall grant such 
        petition if such State demonstrates that--
                  (i) market conditions with respect to such 
                services fail to protect subscribers adequately 
                from unjust and unreasonable rates or rates 
                that are unjustly or unreasonably 
                discriminatory; or
                  (ii) such market conditions exist and such 
                service is a replacement for land line 
                telephone exchange service for a substantial 
                portion of the telephone land line exchange 
                service within such State.
        The Commission shall provide reasonable opportunity for 
        public comment in response to such petition, and shall, 
        within 9 months after the date of its submission, grant 
        or deny such petition. If the Commission grants such 
        petition, the Commission shall authorize the State to 
        exercise under State law such authority over rates, for 
        such periods of time, as the Commission deems necessary 
        to ensure that such rates are just and reasonable and 
        not unjustly or unreasonably discriminatory.
          (B) If a State has in effect on June 1, 1993, any 
        regulation concerning the rates for any commercial 
        mobile service offered in such State on such date, such 
        State may, no later than 1 year after the date of 
        enactment of the Omnibus Budget Reconciliation Act of 
        1993, petition the Commission requesting that the State 
        be authorized to continue exercising authority over 
        such rates. If a State files such a petition, the 
        State's existing regulation shall, notwithstanding 
        subparagraph (A), remain in effect until the Commission 
        completes all action (including any reconsideration) on 
        such petition. The Commission shall review such 
        petition in accordance with the procedures established 
        in such subparagraph, shall complete all action 
        (including any reconsideration) within 12 months after 
        such petition is filed, and shall grant such petition 
        if the State satisfies the showing required under 
        subparagraph (A)(i) or (A)(ii). If the Commission 
        grants such petition, the Commission shall authorize 
        the State to exercise under State law such authority 
        over rates, for such period of time, as the Commission 
        deems necessary to ensure that such rates are just and 
        reasonable and not unjustly or unreasonably 
        discriminatory. After a reasonable period of time, as 
        determined by the Commission, has elapsed from the 
        issuance of an order under subparagraph (A) or this 
        subparagraph, any interested party may petition the 
        Commission for an order that the exercise of authority 
        by a State pursuant to such subparagraph is no longer 
        necessary to ensure that the rates for commercial 
        mobile services are just and reasonable and not 
        unjustly or unreasonably discriminatory. The Commission 
        shall provide reasonable opportunity for public comment 
        in response to such petition, and shall, within 9 
        months after the date of its submission, grant or deny 
        such petition in whole or in part.
          (4) Regulatory treatment of communications satellite 
        corporation.--Nothing in this subsection shall be 
        construed to alter or affect the regulatory treatment 
        required by title IV of the Communications Satellite 
        Act of 1962 of the corporation authorized by title III 
        of such Act.
          (5) Space segment capacity.--Nothing in this section 
        shall prohibit the Commission from continuing to 
        determine whether the provision of space segment 
        capacity by satellite systems to providers of 
        commercial mobile services shall be treated as common 
        carriage.
          (6) Foreign ownership.--The Commission, upon a 
        petition for waiver filed within 6 months after the 
        date of enactment of the Omnibus Budget Reconciliation 
        Act of 1993, may waive the application of section 
        310(b) to any foreign ownership that lawfully existed 
        before May 24, 1993, of any provider of a private land 
        mobile service that will be treated as a common carrier 
        as a result of the enactment of the Omnibus Budget 
        Reconciliation Act of 1993, but only upon the following 
        conditions:
                  (A) The extent of foreign ownership interest 
                shall not be increased above the extent which 
                existed on May 24, 1993.
                  (B) Such waiver shall not permit the 
                subsequent transfer of ownership to any other 
                person in violation of section 310(b).
          (7) Preservation of local zoning authority.--
                  (A) General authority.--Except as provided in 
                this paragraph, nothing in this Act shall limit 
                or affect the authority of a State or local 
                government or instrumentality thereof over 
                decisions regarding the placement, 
                construction, and modification of personal 
                wireless service facilities.
                  (B) Limitations.--
                          (i) The regulation of the placement, 
                        construction, and modification of 
                        personal wireless service facilities by 
                        any State or local government or 
                        instrumentality thereof--
                                  (I) shall not unreasonably 
                                discriminate among providers of 
                                functionally equivalent 
                                services; and
                                  (II) shall not prohibit or 
                                have the effect of prohibiting 
                                the provision of personal 
                                wireless services.
                          (ii) A State or local government or 
                        instrumentality thereof shall act on 
                        any request for authorization to place, 
                        construct, or modify personal wireless 
                        service facilities within a reasonable 
                        period of time after the request is 
                        duly filed with such government or 
                        instrumentality, taking into account 
                        the nature and scope of such request.
                          (iii) Any decision by a State or 
                        local government or instrumentality 
                        thereof to deny a request to place, 
                        construct, or modify personal wireless 
                        service facilities shall be in writing 
                        and supported by substantial evidence 
                        contained in a written record.
                          (iv) No State or local government or 
                        instrumentality thereof may regulate 
                        the placement, construction, and 
                        modification of personal wireless 
                        service facilities on the basis of the 
                        environmental effects of radio 
                        frequency emissions to the extent that 
                        such facilities comply with the 
                        Commission's regulations concerning 
                        such emissions.
                          (v) Any person adversely affected by 
                        any final action or failure to act by a 
                        State or local government or any 
                        instrumentality thereof that is 
                        inconsistent with this subparagraph 
                        may, within 30 days after such action 
                        or failure to act, commence an action 
                        in any court of competent jurisdiction. 
                        The court shall hear and decide such 
                        action on an expedited basis. Any 
                        person adversely affected by an act or 
                        failure to act by a State or local 
                        government or any instrumentality 
                        thereof that is inconsistent with 
                        clause (iv) may petition the Commission 
                        for relief.
                  (C) Definitions.--For purposes of this 
                paragraph--
                          (i) the term ``personal wireless 
                        services'' means commercial mobile 
                        services, unlicensed wireless services, 
                        and common carrier wireless exchange 
                        access services;
                          (ii) the term ``personal wireless 
                        service facilities'' means facilities 
                        for the provision of personal wireless 
                        services; and
                          (iii) the term ``unlicensed wireless 
                        service'' means the offering of 
                        telecommunications services using duly 
                        authorized devices which do not require 
                        individual licenses, but does not mean 
                        the provision of direct-to-home 
                        satellite services (as defined in 
                        section 303(v)).
          (8) Mobile services access.--A person engaged in the 
        provision of commercial mobile services, insofar as 
        such person is so engaged, shall not be required to 
        provide equal access to common carriers for the 
        provision of telephone toll services. If the Commission 
        determines that subscribers to such services are denied 
        access to the provider of telephone toll services of 
        the subscribers' choice, and that such denial is 
        contrary to the public interest, convenience, and 
        necessity, then the Commission shall prescribe 
        regulations to afford subscribers unblocked access to 
        the provider of telephone toll services of the 
        subscribers' choice through the use of a carrier 
        identification code assigned to such provider or other 
        mechanism. The requirements for unblocking shall not 
        apply to mobile satellite services unless the 
        Commission finds it to be in the public interest to 
        apply such requirements to such services.
          (9) Wireless consumer privacy protection.--
                  (A) In general.--A provider of commercial 
                mobile services, or any direct or indirect 
                affiliate or agent of such a provider, may not 
                include the wireless telephone number 
                information of any subscriber in any wireless 
                directory assistance service database unless--
                          (i) the mobile service provider 
                        provides a conspicuous, separate notice 
                        to the subscriber informing the 
                        subscriber of the right not to be 
                        listed in any wireless directory 
                        assistance service; and
                          (ii) the mobile service provider 
                        obtains express prior authorization for 
                        listing from such subscriber, separate 
                        from any authorization obtained to 
                        provide such subscriber with commercial 
                        mobile service, or any calling plan or 
                        service associated with such commercial 
                        mobile service, and such authorization 
                        has not been subsequently withdrawn.
                  (B) Cost-free de-listing.--A provider of 
                commercial mobile services, or any direct or 
                indirect affiliate or agent of such a provider, 
                shall remove the wireless telephone number 
                information of any subscriber from any wireless 
                directory assistance service database upon 
                request by that subscriber and without any cost 
                to the subscriber.
                  (C) Protection of wireless phone numbers.--A 
                telecommunications carrier shall not disclose 
                in its billing information provided to 
                customers wireless telephone number information 
                of subscribers who have indicated a preference 
                to their commercial mobile services provider 
                for not having their wireless telephone number 
                information disclosed. Notwithstanding the 
                preceding sentence, a telecommunications 
                carrier may disclose a portion of the wireless 
                telephone number in its billing information if 
                the actual number cannot be readily 
                ascertained.
                  (D) Publication of directories prohibited.--A 
                provider of commercial mobile services, or any 
                direct or indirect affiliate or agent of such a 
                provider, may not publish, in printed, 
                electronic, or other form, or sell or otherwise 
                disseminate, the contents of any wireless 
                directory assistance service database, or any 
                portion or segment thereof unless--
                          (i) the mobile service provider 
                        provides a conspicuous, separate notice 
                        to the subscriber informing the 
                        subscriber of the right not to be 
                        listed; and
                          (ii) the mobile service provider 
                        obtains express prior authorization for 
                        listing from such subscriber, separate 
                        from any authorization obtained to 
                        provide such subscriber with commercial 
                        mobile service, or any calling plan or 
                        service associated with such commercial 
                        mobile service, and such authorization 
                        has not been subsequently withdrawn.
                  (E) No consumer fee for retaining privacy.--A 
                provider of commercial mobile services may not 
                charge anysubscriber for exercising any of the 
rights under this paragraph.
                  (F) State and local laws pre-empted.--To the 
                extent that any State or local government 
                imposes requirements on providers of commercial 
                mobile services, or any direct or indirect 
                affiliate or agent of such providers, that are 
                inconsistent with the requirements of this 
                paragraph, this paragraph preempts such State 
                or local requirements.
                  (G) Definitions.--In this paragraph:
                          (i) Calling party's identity.--The 
                        term ``calling party's identity'' means 
                        the telephone number of the calling 
                        party or the name of subscriber to such 
                        telephone, or an oral or text message 
                        which provides sufficient information 
                        to enable a commercial mobile services 
                        subscriber to determine who is calling.
                          (ii) Unlisted commercial mobile 
                        services subscriber.--The term 
                        ``unlisted commercial mobile services 
                        subscriber'' means a subscriber to 
                        commercial mobile services who has not 
                        provided express prior consent to a 
                        commercial mobile service provider to 
                        be included in a wireless directory 
                        assistance service database.
                          (iii) Wireless telephone number 
                        information.--The term ``wireless 
                        telephone number information'' means 
                        the telephone number, electronic 
                        address, and any other identifying 
                        information by which a calling party 
                        may reach a subscriber to commercial 
                        mobile services, and which is assigned 
                        by a commercial mobile service provider 
                        to such subscriber, and includes such 
                        subscriber's name and address.
                          (iv) Wireless directory assistance 
                        service.--The term ``wireless directory 
                        assistance service'' means any service 
                        for connecting calling parties to a 
                        subscriber of commercial mobile service 
                        when such calling parties themselves do 
                        not possess such subscriber's wireless 
                        telephone number information.
  (d) Definitions.--For purposes of this section--
          (1) the term ``commercial mobile service'' means any 
        mobile service (as defined in section 3) that is 
        provided for profit and makes interconnected service 
        available (A) to the public or (B) to such classes of 
        eligible users as to be effectively available to a 
        substantial portion of the public, as specified by 
        regulation by the Commission;
          (2) the term ``interconnected service'' means service 
        that is interconnected with the public switched network 
        (as such terms are defined by regulation by the 
        Commission) or service for which a request for 
        interconnection is pending pursuant to subsection 
        (c)(1)(B); and
          (3) the term ``private mobile service'' means any 
        mobile service (as defined in section 3) that is not a 
        commercial mobile service or the functional equivalent 
        of a commercial mobile service, as specified by 
        regulation by the Commission.

                                  
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