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                                           ENGROSSED HOUSE BILL NO. 1796

                        _______________________________________________

                                                           AS AMENDED BY THE SENATE

 

                                                                            C 123 L 88

 

 

State of Washington                              50th Legislature                              1988 Regular Session

 

By Representatives Padden, Winsley, Brough and D. Sommers

 

 

Read first time 1/25/88 and referred to Committee on Energy & Utilities.

 

 


AN ACT Relating to telecommunications; adding a new section to chapter 80.36 RCW; and creating new sections.

 

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

 

          NEW SECTION.  Sec. 1.     (1) The legislature finds that throughout the state there is widespread use of information delivery services, which are also known as information-access telephone services and commonly provided on a designated telephone number prefix.  These services  operate on a charge-per-call basis, providing revenue for both the information provider and the local exchange company.  The marketing practices for these telephone services have at times been misleading to consumers and at other times specifically directed toward minors.  The result has been placement of calls by individuals, particularly by children, who are uninformed about the charges that might apply.  In addition, children may have secured access to obscene, indecent, and salacious material through these services.  The legislature finds that these services can be blocked by certain local exchange companies at switching locations, and that devices exist which allow for blocking within a residence.  Therefore, the legislature finds that residential telephone users in the state are entitled to the option of having their phones blocked from access to information delivery services.

          (2) It is the intent of the legislature that the utilities and transportation commission and local exchange companies, to the extent feasible, distinguish between information delivery services that are misleading to consumers, directed at minors, or otherwise objectionable and adopt policies and rules that accomplish the purposes of this act with the least adverse effect on information delivery services that are not misleading to consumers, directed at minors, or otherwise objectionable.

 

          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 that are provided for a charge to a caller through an exclusive telephone number prefix.

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

          (c) "Interactive program" means a program that 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 any local exchange company that offers information delivery services to a local telephone exchange to provide each residential telephone subscriber the opportunity to block access to all information delivery services offered through the local exchange company. The rule shall take effect by October 1, 1988.

          (3) All costs of complying with this section shall be borne by the information  providers.

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

 

          NEW SECTION.  Sec. 3.     By October 1, 1988, the commission shall investigate and report to the committees on energy and utilities in the house of representatives and the senate on methods to protect minors from obscene, indecent, and salacious materials available through the use of information delivery services.  The investigation shall include a study of personal identification numbers, credit cards, scramblers, and beep-tone devices as methods of limiting access.

 

          NEW SECTION.  Sec. 4.     If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.


                                                                                                                           Passed the House March 9, 1988.

 

                                                                                                                                         Speaker of the House.

 

                                                                                                                           Passed the Senate March 5, 1988.

 

                                                                                                                                       President of the Senate.