S-4553               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 4599

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Senate Committee on Energy & Utilities (originally sponsored by Senators Williams, Rasmussen, McManus, Granlund, Bender, Moore, Rinehart and Warnke)

Read first time 2/7/86.

AN ACT Relating to information delivery telephone services; adding a new section to chapter 80.36 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     The legislature finds that information delivery services, which are also known as information-access telephone services and more commonly known as "976" services, are in widespread use in the state.  These services operate on a charge-per-call basis and provide revenue for both the service provider and the telecommunications companies.  The marketing practices for these toll telephone services have at times been misleading to consumers and at other times specifically directed toward children.  The result has been the placement of calls by individuals, particularly by children, uninformed about the charges that might apply.  Therefore, the legislature finds that residential telephone users in the state are entitled to reasonable protection from telephone services they have no desire to use due to confusion or misinformation about these services.

NEW SECTION. Sec. 2.  A new section is added to chapter 80.36 RCW to read as follows:

          (1) As used in this section:

          (a) "Information delivery services" means telephone recorded messages, interactive programs, or other information services which are provided for a charge to a caller.  These services are usually provided through a "976" telephone number.

          (b) "Information providers" means the persons or corporations that provide the information, prerecorded message, or interactive program to the telecommunications company for the information delivery service.   The information provider generally receives a portion of the revenue from the calls.

          (c) "Interactive program" means a program which allows an information delivery service caller, once connected to the information provider's announcement machine, to use the caller's telephone device to access more specific information.

          (2) The utilities and transportation commission shall by rule require telecommunications companies to offer each residential telephone subscriber the opportunity to have the subscriber's telephone blocked or deleted from access to all information delivery services.  This means that the residential telephone subscriber's telephone would not complete a call to any  976 or information delivery service number.  Under this rule, any telecommunications company that makes available information delivery services must also make available to its subscribers the blocking service described in this subsection.  Also, the utilities and transportation commission shall by rule mandate that information providers who make information available that is pornographic in nature also provide at their expense for access to their services only through a personal identification number in conjunction with 976.

          The rules under this section shall take effect on or before December 1, 1986.  The commission may also order a phase-in period for the rules if a telecommunications company is not currently equipped to block the services.  "Currently equipped" means an existing switch and software that has the current capability of blocking access to information delivery services ("976") on an individual customer basis.  If a telecommunications company is not currently equipped as defined in this section, then the commission shall examine the economic feasibility of installing the blocking system if the newly installed system would only be for the purpose of blocking access to information delivery services ("976").

          (3) The costs of complying with the rule shall be borne by the information providers.

          (4) The telecommunications company shall inform subscribers of the availability of the blocking service through a bill insert or by publication in the telephone directory.