BILL REQ. #:  H-1763.2 

READ FIRST TIME 02/18/09.   

     AN ACT Relating to changing provisions related to wireless phone numbers used by directory providers; amending RCW 19.250.030, 19.250.070, and 19.250.050; and repealing RCW 19.250.020 and 19.250.060.

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

Sec. 1   RCW 19.250.030 and 2008 c 271 s 5 are each amended to read as follows:
     (1) A subscriber ((who provides express, opt-in consent under RCW 19.250.010 and 19.250.020 may revoke that consent)) may request that a directory provider or a radio communications service company remove their wireless phone number at any time. A radio communications service company ((and)) or a directory provider shall comply with the subscriber's request to ((opt out)) remove their wireless phone number from a printed or online directory within a reasonable period of time, not to exceed sixty days for printed directories and not to exceed thirty days for online directories.
     (2) At the subscriber's request, a provider of a reverse phone number search service must allow a subscriber to perform a reverse phone number search free of charge to determine whether the subscriber's wireless phone number is listed in the reverse phone number search service. If the subscriber finds that his or her wireless phone number is contained in the reverse phone number search service, the subscriber may ((opt out of having)) request that his or her wireless phone number ((included in)) be removed from the reverse phone number search service at any time. The provider of the reverse phone number search service must comply with the subscriber's request ((to opt out)) within a reasonable period of time, not to exceed thirty days.
     (3) A subscriber shall not be charged for ((opting out of having)) requesting that his or her wireless phone number ((listed in)) be removed from a directory or reverse phone number search service.

Sec. 2   RCW 19.250.070 and 2008 c 271 s 9 are each amended to read as follows:
     This chapter does not apply to the provision of wireless phone numbers, for the purposes indicated, to:
     (1) Any law enforcement agency, fire protection agency, public health agency, public environmental health agency, city or county emergency services planning agency, or ((private for-profit)) corporation operating under contract with, and at the direction of, one or more of these agencies, for the exclusive purpose of ((responding to a 911 call or communicating an imminent threat to life or property)) carrying out their official duties. Information or records provided to a ((private for-profit)) corporation pursuant to ((subsection (2) of)) this section must be held in confidence by that corporation and by any individual employed by or associated with that corporation. Such information or records are not open to examination for any purpose not directly connected with the administration of the services specified in this subsection;
     (2) A lawful process issued under state or federal law;
     (3) A telecommunications company providing service between service areas for the provision of telephone services to the subscriber between service areas, or to third parties for the limited purpose of providing billing services;
     (4) A telecommunications company to effectuate a customer's request to transfer the customer's assigned telephone number from the customer's existing provider of telecommunications services to a new provider of telecommunications services;
     (5) The utilities and transportation commission pursuant to its jurisdiction and control over telecommunications companies;
     (6) A sales agent to provide the subscriber's wireless phone numbers to the radio communications service company for the limited purpose of billing and customer service;
     (7) ((A directory provider that has undertaken a reasonable investigation pursuant to RCW 19.250.020 and is unable to determine whether the phone number is a wireless phone number;
     (8))) A directory provider that publishes a subscriber's wireless phone number in a directory that is obtained directly from a radio communications service company and that radio communications service company has obtained the required express, opt-in consent for including in any directory the subscriber's wireless phone number as specified in RCW 19.250.010;
     (((9))) (8) A person that publishes a subscriber's wireless phone number in a directory where the subscriber pays a fee to have the number published for commercial purposes;
     (((10))) (9) A person that publishes a subscriber's wireless phone number that was ported from listed wireline service to wireless service within the previous fifteen months; ((and
     (11))) (10) A consumer reporting agency as defined in RCW 19.182.010 for use as a unique identifier of a consumer in a consumer report as defined in RCW 19.182.010; and
     (11) A person for uses permitted or authorized under the federal fair credit reporting act (15 U.S.C. Sec. 1681(b)), or for uses permitted or authorized under Title V of the Gramm-Leach-Bliley Act (15 U.S.C. Sec. 6801, et seq.).

Sec. 3   RCW 19.250.050 and 2008 c 271 s 7 are each amended to read as follows:
     (1) Every knowing violation of RCW 19.250.010 is punishable by a fine of not less than two thousand dollars and no more than fifty thousand dollars for each violation. ((Including a wireless phone number in a directory without a subscriber's express, opt-in consent pursuant to RCW 19.250.020)) Failure to remove a wireless phone number within a reasonable period of time as required in RCW 19.250.030 is a violation of this chapter and is punishable by a fine of up to fifty thousand dollars ((unless the directory provider first conducted a reasonable investigation as required in RCW 19.250.020 and was unable to determine if the published number was a wireless phone number)).
     (2) The attorney general may bring actions to enforce compliance with this section. For the first violation by any company, organization, or person under this chapter, the attorney general may notify the company, organization, or person with a letter of warning that this chapter has been violated.
     (3) A telecommunications company or directory provider, or any official or employee of a telecommunications company or directory provider, is not subject to criminal or civil liability for the release of customer information as authorized by this chapter.

NEW SECTION.  Sec. 4   The following acts or parts of acts are each repealed:
     (1) RCW 19.250.020 (Reasonable investigation required -- Consent) and 2008 c 271 s 4; and
     (2) RCW 19.250.060 (Directories maintained before June 12, 2008--Application of section) and 2008 c 271 s 8.