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 infor-
mational calls to mobile telephone numbers, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Mobile Informational 
Call Act of 2011’’. 
SEC. 2. DEFINITIONS. 
(a) IN GENERAL.—Section 227(a) of the Commu-
nications Act of 1934 (47 U.S.C. 227(a)) is amended— 
(1) by amending paragraph (1) to read as fol-
lows: 
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‘‘(1) The term ‘automatic telephone dialing sys-
tem’ means equipment which uses a random or se-
quential number generator to produce telephone 
numbers to be called and to dial such numbers.’’; 
(2) in paragraph (2)— 
(A) by striking ‘‘subsection (b)(1)(C)(i)’’ 
and inserting ‘‘paragraph (3) and subsection 
(b)(1)(C)(i)’’; 
(B) in subparagraph (A), by striking ‘‘; 
and’’ and inserting a semicolon; 
(C) in subparagraph (B), by striking 
‘‘paragraph (2)(G)).’’ and inserting ‘‘subsection 
(b)(2)(G); and’’; and 
(D) by adding at the end the following: 
‘‘(C) this paragraph shall not apply for 
purposes of determining whether an established 
business relationship exists for purposes of 
prior express consent to a call that is a tele-
phone solicitation.’’; 
(3) by redesignating paragraphs (3) through 
(5) as paragraphs (4) through (6), respectively; and 
(4) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) The term ‘prior express consent’ means 
the oral or written approval of a person— 
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‘‘(A) for the initiation of a telephone call 
to such person by or on behalf of an entity with 
which such person has an established business 
relationship; and 
‘‘(B) that is provided when such person 
purchases a good or service or at any other 
point during such relationship. 
A person who provides a telephone number as a 
means of contact evidences consent under this para-
graph.’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
227(c)(1)(D) of the Communications Act of 1934 (47 
U.S.C. 227(c)(1)(D)) is amended by striking ‘‘subsection 
(a)(3)’’ and inserting ‘‘subsection (a)(5)’’. 
SEC. 3. INFORMATIONAL CALLS TO MOBILE TELEPHONE 
NUMBERS. 
(a) IN GENERAL.—Section 227(b)(1)(A) of the Com-
munications Act of 1934 (47 U.S.C. 227(b)(1)(A)) is 
amended to read as follows: 
‘‘(A) to make any call (other than a call 
made for emergency purposes or made with the 
prior express consent of the called party) using 
any automatic telephone dialing system or an 
artificial or prerecorded voice— 
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‘‘(i) to any emergency telephone line 
(including any ‘911’ line and any emer-
gency line of a hospital, medical physician 
or service office, health care facility, poison 
control center, or fire protection or law en-
forcement agency); 
‘‘(ii) to the telephone line of any guest 
room or patient room of a hospital, health 
care facility, elderly home, or similar estab-
lishment; 
‘‘(iii) to any telephone number as-
signed to a paging service; or 
‘‘(iv) to any telephone number as-
signed to a cellular telephone service, spe-
cialized mobile radio service, or other radio 
common carrier service, or any service for 
which the called party is charged for the 
call, unless the call is made for a commer-
cial purpose that does not constitute a tele-
phone solicitation;’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
227(b)(2)(C) of the Communications Act of 1934 (47 
U.S.C. 227(b)(2)(C)) is amended by striking ‘‘paragraph 
(1)(A)(iii)’’ and inserting ‘‘paragraph (1)(A)(iv)’’. 
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(c) TECHNICAL CORRECTION.—Section 227(b)(1) of 
the Communications Act of 1934 (47 U.S.C. 227(b)(1)) 
is amended by striking ‘‘It shall’’ and all that follows 
through ‘‘United States—’’ and inserting the following: 
‘‘It shall be unlawful for any person within the United 
States, or any person outside the United States if the re-
cipient is within the United States—’’. 
SEC. 4. EFFECT ON STATE LAW. 
Section 227(f)(1) of the Communications Act of 1934 
(47 U.S.C. 227(f)(1)) is amended to read as follows: 
‘‘(1) IN GENERAL.—No requirement or prohibi-
tion may be imposed under the laws of any State 
with respect to any subject matter regulated under 
this section, except for telephone solicitations.’’. 
Æ 
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