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

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 Communications Act of 1934 
(47 U.S.C. 227(a)) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) The term `automatic telephone dialing system' means 
        equipment which uses a random or sequential 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 telephone solicitation.'';
            (3) by redesignating paragraphs (3) through (5) as 
        paragraphs (4) through (6), respectively; and
            (4) by inserting after paragraph (2) the following:
            ``(3) The term `prior express consent' means the oral or 
        written approval of a person--
                    ``(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 paragraph.''.
    (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 Communications 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--
                            ``(i) to any emergency telephone line 
                        (including any `911' line and any emergency 
                        line of a hospital, medical physician or 
                        service office, health care facility, poison 
                        control center, or fire protection or law 
                        enforcement agency);
                            ``(ii) to the telephone line of any guest 
                        room or patient room of a hospital, health care 
                        facility, elderly home, or similar 
                        establishment;
                            ``(iii) to any telephone number assigned to 
                        a paging service; or
                            ``(iv) to any telephone number assigned to 
                        a cellular telephone service, specialized 
                        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 commercial purpose that 
                        does not constitute a telephone 
                        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)''.
    (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 recipient 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 prohibition may be 
        imposed under the laws of any State with respect to any subject 
        matter regulated under this section, except for telephone 
        solicitations.''.

Summary: Mobile Informational Call Act of 2011 - Amends the Communications Act of 1934 to revise the categories of calls (other than a call made for emergency purposes or made with the prior express consent of the called party) in which people are prohibited from using any automatic telephone dialing system or an artificial or prerecorded voice. Prohibits such calls to any telephone number assigned to a cellular service, specialized 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 commercial purpose that does not constitute a telephone solicitation.

Defines "prior express consent" as the oral or written approval of a person: (1) 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 (2) that is provided when such person purchases a good or service or at any other point during such relationship.

Deems a person who provides a telephone number as a means of contact to have evidenced such consent.

Prohibits a state from imposing any requirement or prohibition with respect to the use of telephone equipment subject to federally regulated restrictions, except for telephone solicitations.