BILL REQ. #:  H-4553.1 

Read first time 01/25/2006.   Referred to Committee on Technology, Energy & Communications.

     AN ACT Relating to protecting customer proprietary network information; amending RCW 80.66.010; adding a new section to chapter 80.36 RCW; adding a new section to chapter 9.73 RCW; and prescribing penalties.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 80.36 RCW to read as follows:
     (1) The commission must adopt rules to protect the privacy of customers of telecommunications services by limiting or prohibiting the sale, disclosure, or use of customer proprietary network information without customer approval and requiring that telecommunications companies establish safeguards to protect customer proprietary network information from the unauthorized sale, use, or disclosure by agents, contractors, and employees. For purposes of this subsection, "customer proprietary network information" has the meaning provided in 47 U.S.C. 222(h)(1).
     (2) Any person who violates the rules adopted by the commission in compliance with this section is subject to a penalty of not more than one thousand dollars for each and every offense. In the case of a continuing offense, every day's continuance is a separate offense.
     (3) The rules adopted by the commission under this section are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW. It is presumed that damages to the customer are five hundred dollars.

Sec. 2   RCW 80.66.010 and 1985 c 167 s 2 are each amended to read as follows:
     The commission shall not regulate radio communications service companies, except that:
     (1) The commission may regulate the rates, services, facilities, and practices of radio communications service companies, within a geographic service area or a portion of a geographic service area in which it is authorized to operate by the federal communications commission if it is the only provider of basic telecommunications service within such geographic service area or such portion of a geographic service area. For purposes of this section, "basic telecommunications service" means voice grade, local exchange telecommunications service.
     (2) Actions or transactions of radio communications service companies that are not regulated pursuant to subsection (1) of this section shall not be deemed actions or transactions otherwise permitted, prohibited, or regulated by the commission for purposes of RCW 19.86.170.
     (3) Radio communications service companies shall file with the commission copies of all agreements with any of their affiliated interests as defined in RCW 80.16.010, showing the rates, tolls, rentals, contracts, and charges of such affiliated interest for services rendered and equipment and facilities supplied to the radio communications service company, except that such agreements need not be filed where the services rendered and equipment and facilities supplied are provided by the affiliated interest under a tariff or price list filed with the commission.
     (4) Radio communications companies are subject to customer privacy rules adopted by the commission in compliance with section 1 of this act.

NEW SECTION.  Sec. 3   A new section is added to chapter 9.73 RCW to read as follows:
     (1) Every person who obtains or attempts to obtain knowledge of the telephone numbers called by a customer of a telecommunications carrier by misrepresenting his or her identity, or in some other manner attempting to cause an employee or agent of such carrier to wrongfully disclose such information is guilty of a gross misdemeanor.
     (2) Every employee, contractor, or agent of a telecommunications carrier who wrongfully and knowingly discloses to another person the telephone numbers called by a customer of a carrier is guilty of a gross misdemeanor.
     (3) Every person trafficking in information that he or she knows to have been obtained in violation of this section is guilty of a gross misdemeanor.