Sales of information by telecommunications companies.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0324

HOUSE BILL
NO.
HB0036

Sales of information by telecommunications companies
.

Sponsored by:
Representative(s) Gilmore

A BILL

for

AN ACT relating to
telecommunications; providing that certain information may not be included in a sale of information; providing exceptions; providing that a customer may not be charged for requesting that certain information not be published; providing rulemaking authority; providing for a civil action;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 37
‑
15
‑
104(a)(v) and 37
‑
15
‑
404 by creating a new subsection (g)
are
amended to read:

37
‑
15
‑
104.

Services not regulated by this title.

(a)

Except for contributions to the universal service fund required pursuant to W.S. 37
‑
15
‑
501 and the assessment levied pursuant to W.S. 37
‑
2
‑
106 through 37
‑
2
‑
109, telecommunications service does not include, and the provisions of this title do not apply to:

(v)

Directory services, except as provided in W.S. 37-12-130
and W.S. 37
‑
15
‑
404(g)
;

37
‑
15
‑
404.

Protection of telecommunications consumers.

(g)

The following shall apply regarding unlisted telephone numbers and other unlisted information:

(i)

No telecommunications company selling or licensing a directory, book, database or other list of residential
custom
ers shall include the
name,
telephone number or other unlisted information for any
custom
er assigned an unlisted
telephone
number or who has requested that certain information be unlisted
or remain confidential;

(ii)

A
customer
shall not be charged for making the choice to not have their name, number or other information listed in a publicly available directory, book, database or other list
of customers
;

(iii)

This subsection
shall
not apply to the provision of names, numbers or other information to the following parties for the purposes indicated:

(A)

To any law enforcement agency, fire protection agency or other public or private agency for the exclusive purpose of responding to a
911 emergency call or communicating an imminent threat to life or property;

(B)

To a lawful process issued under state or federal law;

(C)

To the commission
pursuant
to its duties under this title; and

(D)

As provided by the commission pursuant to rule and regulation for purposes consistent with the provisions of this title.

(iv)

A customer may maintain a civil action to enjoin or restrain a violation of this subsection and may seek damages in the same action. The prevailing party in the civil action may recover court costs and reasonable attorney's fees
;

(v)

No telecommunications company shall be subject to criminal or civil liability for the release of customer information as authorized by this subsection.

Section 2.

This act is effective July 1, 2009
.

(END)

1
HB0036