An Act To Protect the Privacy of Cellular Telephone Customers
Maine Legislature, Session 122, LD 2038
Committee Amendment CA_A_H892 (House)

COMMITTEE AMENDMENT 'A" to H.P. 1436, L.D. 2038, Bill, "An Act To 
Protect the Privacy of Cellular Telephone Customers" 
Amend the bill by inserting after the title and before the enacting clause the 
following: 
'Emergency preamble. Whereas, acts of the Legislature do not become effective 
until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the sale and disclosure of customer proprietary information is occurring 
now and is a practice that needs to be addressed immediately; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, , 
Further amend the bill by striking out everything after the enacting clause and before 
the surnmary and inserting in its place the following: 
'Sec. 1. 10 MRSA c. 223-A is enacted to read: 
CHAPTER 223-A 
CELLULAR TELEPHONE CUSTOMER PRIVACY ACT 
§1496-A. Short title 
This chapter may be known and cited as "the Cellular Telephone Customer Privacy 
Act." 
§1496-B. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
COMMITTEE AMENDMENT 
~ 
.. 
~ 
COMMITTEE AMENDMENT ,A, to H.P. 1436, L.D. 2038 
1. Customer proprietary network information. "Customer proprietary network 
information" has the same meaning as in 47 United States Code, Section 222(h)(1) as in 
effect on January 1, 2006. 
2. 
Telecommunications carrier. 
"Telecommunications carrier" has the same 
meaning as in 47 United States Code, Section 153(44) as in effect on January 1, 2006. 
3. Wireless telephone service. "Wireless telephone service" means any mobile 
telecommunications services as defined in Title 35-A. section 102, subsection 9-A. 
4. Wireless telephone service provider. "Wireless telephone service provider" 
means a telecommunications carrier that provides wireless telephone service. 
§1496-C. Sale or disclosure of customer proprietary network information 
1. Civil violation. Except as provided in subsection 3, a person may not sell or 
disclose or offer to sell or disclose any customer proprietary network information relating 
to the wireless telephone service account of any wireless telephone service customer or 
user in this State. 
A. Violation of this subsection constitutes a violation of the Maine Unfair Trade 
Practices Act. 
2. 
Criminal violation. Except as provided in subsection 3, a person may not 
knowingly sell or disclose or offer to sell or disclose any customer proprietary network 
information relating to the wireless telephone service account of any wireless telephone 
service customer or user in this State. 
A. A person who violates this subsection commits a Class D crime. 
3. Exceptions. The prohibitions contained in subsections 1 and 2 do not apply to a 
disclosure of customer proprietary network information: 
A. Authorized or required by: 
(1) Any state or federal law, regulation or rule; 
(2) An order of an agency having regulatory authority over a wireless telephone 
service provider; or 
(3) The wireless telephone service account holder; or 
B. Required by a SUbpoena, warrant or other lawful process. 
Emergency clause. In view of the emergency cited in the preamble, this Act takes 
effect when approved.' 
SUMMARY 
This amendment replaces the bill but preserves the main substance of the bill. 
This amendment makes the following changes: 
1. Reallocates the provisions of the bill from the Maine Revised Statutes, Title 35-A 
to Title 10, since the provisions do not relate to matters within the jurisdiction of the 
Public Utilities Commission and there is no intent to have the commission enforce these 
provisions; 
COMMITTEE AMENDMENT 
~ 
~ 
~ 
COMMITTEE AMENDMENT A" to H.P. 1436, L.D. 2038 
2. 
Separates the civil and criminal violations for judicial tracking and citing 
purposes; 
3. Clarifies the definition of "wireless telephone service"; 
4. Adds limiting language to cited definitions in federal law to ensure that changes in 
those federal law definitions do not affect the meaning or intent of these provisions; 
5. Makes the prohibitions in the bill applicable to the sale or disclosure of customer 
proprietary network information relating to the wireless telephone service account of any 
wireless service customer or user in this State; 
6. Corrects a reference to federal law; and 
7. Adds an emergency preamble and emergency clause to the bill. 
FISCAL ,\OTJ:: J< [" , " 
\. -\,!' 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03127/06 frac:.. 
LD 2038 
LR 3092(02) 
An Act To Protect the Privacy of Cellular Telephone Customers 
Fiscal Note for Bill as Amended by Committee Amendment '4" 
Committee: Utilities and Energy 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes a new Class D crime. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
LR3092(2) - Fiscal Note - Page 1 of 1