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HR 3035 IH
112th CONGRESS
1st Session
H. R. 3035
To amend the Communications Act of 1934 to permit informational calls to mobile telephone numbers, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
September 22, 2011
Mr. TERRY (for himself and Mr. TOWNS) introduced the following bill; which was referred to the Committee on Energy and Commerce
A BILL
To amend the Communications Act of 1934 to permit informational calls to mobile telephone numbers, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
SEC. 2. DEFINITIONS.
(a) In General- Section 227(a) of the Communications Act of 1934 (47 U.S.C. 227(a)) is amended--
(1) by amending paragraph (1) to read as follows:
‘(1) The term ‘automatic telephone dialing system’ means equipment which uses a random or sequential number generator to produce telephone numbers to be called and to dial such numbers.’;
(2) in paragraph (2)--
(A) by striking ‘subsection (b)(1)(C)(i)’ and inserting ‘paragraph (3) and subsection (b)(1)(C)(i)’;
(B) in subparagraph (A), by striking ‘; and’ and inserting a semicolon;
(C) in subparagraph (B), by striking ‘paragraph (2)(G)).’ and inserting ‘subsection (b)(2)(G); and’; and
(D) by adding at the end the following:
‘(C) this paragraph shall not apply for purposes of determining whether an established business relationship exists for purposes of prior express consent to a call that is a telephone solicitation.’;
(3) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; and
(4) by inserting after paragraph (2) the following:
‘(3) The term ‘prior express consent’ means the oral or written approval of a person--
‘(A) for the initiation of a telephone call to such person by or on behalf of an entity with which such person has an established business relationship; and
‘(B) that is provided when such person purchases a good or service or at any other point during such relationship.
A person who provides a telephone number as a means of contact evidences consent under this paragraph.’.
(b) Conforming Amendment- Section 227(c)(1)(D) of the Communications Act of 1934 (47 U.S.C. 227(c)(1)(D)) is amended by striking ‘subsection (a)(3)’ and inserting ‘subsection (a)(5)’.
SEC. 3. INFORMATIONAL CALLS TO MOBILE TELEPHONE NUMBERS.
(a) In General- Section 227(b)(1)(A) of the Communications Act of 1934 (47 U.S.C. 227(b)(1)(A)) is amended to read as follows:
(b) Conforming Amendment- Section 227(b)(2)(C) of the Communications Act of 1934 (47 U.S.C. 227(b)(2)(C)) is amended by striking ‘paragraph (1)(A)(iii)’ and inserting ‘paragraph (1)(A)(iv)’.
(c) Technical Correction- Section 227(b)(1) of the Communications Act of 1934 (47 U.S.C. 227(b)(1)) is amended by striking ‘It shall’ and all that follows through ‘United States--’ and inserting the following: ‘It shall be unlawful for any person within the United States, or any person outside the United States if the recipient is within the United States--’.
SEC. 4. EFFECT ON STATE LAW.
Section 227(f)(1) of the Communications Act of 1934 (47 U.S.C. 227(f)(1)) is amended to read as follows:
‘(1) IN GENERAL- No requirement or prohibition may be imposed under the laws of any State with respect to any subject matter regulated under this section, except for telephone solicitations.’.
U.S. Congress - Text of H.R.3035 as Introduced in House Mobile Informational Call Act of 2011
