I 

112TH CONGRESS 

1ST SESSION H. R. 3035 

To amend the Communications Act of 1934 to permit informational calls 

to mobile telephone numbers, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 22, 2011 

Mr. TERRY (for himself and Mr. TOWNS) introduced the following bill; which 

was referred to the Committee on Energy and Commerce 

A BILL 

To amend the Communications Act of 1934 to permit informational calls to mobile telephone numbers, and for other 

purposes. 

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 ‘‘Mobile Informational 

5 Call Act of 2011’’. 

6 SEC. 2. DEFINITIONS. 

7 (a) IN GENERAL.—Section 227(a) of the Commu8 nications Act of 1934 (47 U.S.C. 227(a)) is amended— 

9 (1) by amending paragraph (1) to read as fol10 lows: 


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1 ‘‘(1) The term ‘automatic telephone dialing sys2 tem’ means equipment which uses a random or se3 quential number generator to produce telephone 

4 numbers to be called and to dial such numbers.’’; 

5 (2) in paragraph (2)— 

6 (A) by striking ‘‘subsection (b)(1)(C)(i)’’ 

7 and inserting ‘‘paragraph (3) and subsection 

8 (b)(1)(C)(i)’’; 

9 (B) in subparagraph (A), by striking ‘‘; 

10 and’’ and inserting a semicolon; 

11 (C) in subparagraph (B), by striking 

12 ‘‘paragraph (2)(G)).’’ and inserting ‘‘subsection 

13 (b)(2)(G); and’’; and 

14 (D) by adding at the end the following: 

15 ‘‘(C) this paragraph shall not apply for 

16 purposes of determining whether an established 

17 business relationship exists for purposes of 

18 prior express consent to a call that is a tele19 phone solicitation.’’; 

20 (3) by redesignating paragraphs (3) through 

21 (5) as paragraphs (4) through (6), respectively; and 

22 (4) by inserting after paragraph (2) the fol23 lowing: 

24 ‘‘(3) The term ‘prior express consent’ means 

25 the oral or written approval of a person— 


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1 ‘‘(A) for the initiation of a telephone call 

2 to such person by or on behalf of an entity with 

3 which such person has an established business 

4 relationship; and 

5 ‘‘(B) that is provided when such person 

6 purchases a good or service or at any other 

7 point during such relationship. 

8 A person who provides a telephone number as a 

9 means of contact evidences consent under this para10 graph.’’. 

11 (b) CONFORMING AMENDMENT.—Section 

12 227(c)(1)(D) of the Communications Act of 1934 (47 

13 U.S.C. 227(c)(1)(D)) is amended by striking ‘‘subsection 

14 (a)(3)’’ and inserting ‘‘subsection (a)(5)’’. 

15 SEC. 3. INFORMATIONAL CALLS TO MOBILE TELEPHONE 

16 NUMBERS. 

17 (a) IN GENERAL.—Section 227(b)(1)(A) of the Com18 munications Act of 1934 (47 U.S.C. 227(b)(1)(A)) is 

19 amended to read as follows: 

20 ‘‘(A) to make any call (other than a call 

21 made for emergency purposes or made with the 

22 prior express consent of the called party) using 

23 any automatic telephone dialing system or an 

24 artificial or prerecorded voice— 


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1 ‘‘(i) to any emergency telephone line 

2 (including any ‘911’ line and any emer3 gency line of a hospital, medical physician 

4 or service office, health care facility, poison 

5 control center, or fire protection or law en6 forcement agency); 

7 ‘‘(ii) to the telephone line of any guest 

8 room or patient room of a hospital, health 

9 care facility, elderly home, or similar estab10 lishment; 

11 ‘‘(iii) to any telephone number as12 signed to a paging service; or 

13 ‘‘(iv) to any telephone number as14 signed to a cellular telephone service, spe15 cialized mobile radio service, or other radio 

16 common carrier service, or any service for 

17 which the called party is charged for the 

18 call, unless the call is made for a commer19 cial purpose that does not constitute a tele20 phone solicitation;’’. 

21 (b) CONFORMING AMENDMENT.—Section 

22 227(b)(2)(C) of the Communications Act of 1934 (47 

23 U.S.C. 227(b)(2)(C)) is amended by striking ‘‘paragraph 

24 (1)(A)(iii)’’ and inserting ‘‘paragraph (1)(A)(iv)’’. 


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1 (c) TECHNICAL CORRECTION.—Section 227(b)(1) of 

2 the Communications Act of 1934 (47 U.S.C. 227(b)(1)) 

3 is amended by striking ‘‘It shall’’ and all that follows 

4 through ‘‘United States—’’ and inserting the following: 

5 ‘‘It shall be unlawful for any person within the United 

6 States, or any person outside the United States if the re7 cipient is within the United States—’’. 

8 SEC. 4. EFFECT ON STATE LAW. 

9 Section 227(f)(1) of the Communications Act of 1934 

10 (47 U.S.C. 227(f)(1)) is amended to read as follows: 

11 ‘‘(1) IN GENERAL.—No requirement or prohibi12 tion may be imposed under the laws of any State 

13 with respect to any subject matter regulated under 

14 this section, except for telephone solicitations.’’. 

Æ 


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