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Union Calendar No. 274 

109TH CONGRESS 

2D SESSION H. R. 5126 

[Report No. 109–489] 

To amend the Communications Act of 1934 to prohibit manipulation of 

caller identification information, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 6, 2006 

Mr. BARTON of Texas (for himself, Mr. ENGEL, Mr. SIMMONS, and Mr. 

REICHERT) introduced the following bill; which was referred to the Committee on Energy and Commerce 

JUNE 6, 2006 

Additional sponsors: Mrs. SCHMIDT, Mr. TOWNS, Mr. CASE, Mr. DAVIS of 

Kentucky, Mr. MATHESON, Mr. BASS, Mr. DICKS, Mrs. BONO, Mr. BOUCHER, Mr. UPTON, Mr. BILIRAKIS, Mr. PICKERING, Mr. GILLMOR, Mr. 

SHIMKUS, Mr. FERGUSON, Mrs. MYRICK, Mr. FOSSELLA, Mr. BUYER, 

Mr. BURGESS, Mrs. CUBIN, and Mr. MURPHY

JUNE 6, 2006 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend the Communications Act of 1934 to prohibit manipulation of caller identification information, and for 

other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Truth in Caller ID 

5 Act of 2006’’. 

6 SEC. 2. PROHIBITION REGARDING MANIPULATION OF 

7 CALLER IDENTIFICATION INFORMATION. 

8 Section 227 of the Communications Act of 1934 (47 

9 U.S.C. 227) is amended— 

10 (1) by redesignating subsections (e), (f), and 

11 (g) as subsections (f), (g), and (h), respectively; and 

12 (2) by inserting after subsection (d) the fol13 lowing new subsection: 

14 ‘‘(e) PROHIBITION ON PROVISION OF INACCURATE

15 CALLER IDENTIFICATION INFORMATION.— 

16 ‘‘(1) IN GENERAL.—It shall be unlawful for any 

17 person within the United States, in connection with 

18 any telecommunications service or VOIP service, to 

19 cause any caller identification service to transmit 

20 misleading or inaccurate caller identification infor21 mation, unless such transmission is exempted pursu22 ant to paragraph (3)(B). 

23 ‘‘(2) PROTECTION FOR BLOCKING CALLER

24 IDENTIFICATION INFORMATION.—Nothing in this 

25 subsection may be construed to prevent or restrict 


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1 any person from blocking the capability of any caller 

2 identification service to transmit caller identification 

3 information. 

4 ‘‘(3) REGULATIONS.— 

5 ‘‘(A) IN GENERAL.—Not later than 6 

6 months after the enactment of this subsection, 

7 the Commission shall prescribe regulations to 

8 implement this subsection. 

9 ‘‘(B) EXEMPTION.—The regulations under 

10 this paragraph shall exempt from the prohibi11 tion under paragraph (1) transmissions in con12 nection with authorized activities of law en13 forcement agencies. 

14 ‘‘(4) DEFINITIONS.—For purposes of this sub15 section: 

16 ‘‘(A) CALLER IDENTIFICATION INFORMA17 TION.—The term ‘caller identification informa18 tion’ means information provided by a caller 

19 identification service regarding the telephone 

20 number of, or other information regarding the 

21 origination of, a call made using a telecommuni22 cations service or VOIP service. 

23 ‘‘(B) CALLER IDENTIFICATION SERVICE.— 

24 The term ‘caller identification service’ means 

25 any service or device designed to provide the 


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1 user of the service or device with the telephone 

2 number of, or other information regarding the 

3 origination of, a call made using a telecommuni4 cations service or VOIP service. Such term in5 cludes automatic number identification services. 

6 ‘‘(C) VOIP SERVICE.—The term ‘VOIP 

7 service’ means a service that— 

8 ‘‘(i) provides real-time 2-way voice 

9 communications transmitted through cus10 tomer premises equipment using TCP/IP 

11 protocol, or a successor protocol (including 

12 when the voice communication is converted 

13 to or from TCP/IP protocol by the VOIP 

14 service provider and transmitted to the 

15 subscriber without use of circuit switch16 ing), for a fee; 

17 ‘‘(ii) is offered to the public, or such 

18 classes of users as to be effectively avail19 able to the public (whether part of a bun20 dle of services or separately); and 

21 ‘‘(iii) has the capability to originate 

22 traffic to, and terminate traffic from, the 

23 public switched telephone network. 

24 ‘‘(5) LIMITATION.—Notwithstanding any other 

25 provision of this section, subsection (f) shall not 


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1 apply to this subsection or to the regulations under 

2 this subsection.’’. 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Truth in Caller ID Act 

5 of 2006’’. 

6 SEC. 2. PROHIBITION REGARDING MANIPULATION OF CALL7 ER IDENTIFICATION INFORMATION. 

8 Section 227 of the Communications Act of 1934 (47 

9 U.S.C. 227) is amended— 

10 (1) by redesignating subsections (e), (f), and (g) 

11 as subsections (f), (g), and (h), respectively; and 

12 (2) by inserting after subsection (d) the following 

13 new subsection: 

14 ‘‘(e) PROHIBITION ON PROVISION OF DECEPTIVE

15 CALLER IDENTIFICATION INFORMATION.— 

16 ‘‘(1) IN GENERAL.—It shall be unlawful for any 

17 person within the United States, in connection with 

18 any telecommunications service or VOIP service, to 

19 cause any caller identification service to transmit 

20 misleading or inaccurate caller identification infor21 mation, with the intent to defraud or cause harm. 

22 ‘‘(2) PROTECTION FOR BLOCKING CALLER IDEN23 TIFICATION INFORMATION.—Nothing in this sub24 section may be construed to prevent or restrict any 

25 person from blocking the capability of any caller 


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1 identification service to transmit caller identification 

2 information. 

3 ‘‘(3) REGULATIONS.—Not later than 6 months 

4 after the enactment of this subsection, the Commission 

5 shall prescribe regulations to implement this sub6 section. 

7 ‘‘(4) DEFINITIONS.—For purposes of this sub8 section: 

9 ‘‘(A) CALLER IDENTIFICATION INFORMA10 TION.—The term ‘caller identification informa11 tion’ means information provided to an end user 

12 by a caller identification service regarding the 

13 telephone number of, or other information re14 garding the origination of, a call made using a 

15 telecommunications service or VOIP service. 

16 ‘‘(B) CALLER IDENTIFICATION SERVICE.— 

17 The term ‘caller identification service’ means 

18 any service or device designed to provide the user 

19 of the service or device with the telephone number 

20 of, or other information regarding the origina21 tion of, a call made using a telecommunications 

22 service or VOIP service. Such term includes 

23 automatic number identification services. 

24 ‘‘(C) VOIP SERVICE.—The term ‘VOIP 

25 service’ means a service that— 


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1 ‘‘(i) provides real-time voice commu2 nications transmitted through end user 

3 equipment using TCP/IP protocol, or a suc4 cessor protocol, for a fee or without a fee; 

5 ‘‘(ii) is offered to the public, or such 

6 classes of users as to be effectively available 

7 to the public (whether part of a bundle of 

8 services or separately); and 

9 ‘‘(iii) has the capability to originate 

10 traffic to, and terminate traffic from, the 

11 public switched telephone network. 

12 ‘‘(5) SAVINGS PROVISION.—Nothing in this Act 

13 may be construed to affect or alter the application of 

14 the Commission’s regulations regarding the require15 ments for transmission of caller identification infor16 mation for telemarketing calls, issued pursuant to the 

17 Telephone Consumer Protection Act of 1991 (Public 

18 Law 102-243) and the amendments made by such 

19 Act.’’. 


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Union Calendar No. 274 

109TH CONGRESS 

2D SESSION H. R. 5126 

[Report No. 109

–489] 

A BILL 

To amend the Communications Act of 1934 to promation, and for other purposes. hibit manipulation of caller identification inforJUNE 6, 2006 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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