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2014 SESSION

14100060D
HOUSE BILL NO. 13
Offered January 8, 2014
Prefiled November 18, 2013
A BILL to amend and reenact 56-1.3 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 56-247.2, relating to regulation of aspects of commercial mobile radio service as a public utility; contents of telecommunications billing statements and service contracts; disclosing releases of certain information.
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Patron-- Marshall, R.G.
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Referred to Committee on Commerce and Labor
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Be it enacted by the General Assembly of Virginia:

1. That 56-1.3 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 56-247.2 as follows:

56-1.3. Regulation of Voice-over-Internet protocol service.

Notwithstanding any provision of law, except 56-247.2, 56-484.12:1, and 58.1-1730, to the contrary:

1. "Telecommunications service" and "telephone service" shall not include the provision of Voice-over-Internet protocol service for purposes of regulation by the Commission.

2. The Commission shall not have jurisdiction with respect to the regulation of Voice-over-Internet protocol service, including but not limited to the imposition of regulatory fees, certification requirements, and the filing or approval of tariffs.

3. Nothing herein shall be construed to either mandate or prohibit the payment of switched network access rates or other intercarrier compensation, if any, related to Voice-over-Internet protocol service, as may be determined by the Commission.

56-247.2. Telecommunications providers to disclose releases of certain information; authority of Commission.

A. As used in this section:

"CMRS" means mobile telecommunications service as defined in the federal Mobile Telecommunications Sourcing Act, 4 U.S.C. 124, as amended.

"Customer" means any residential, commercial, or governmental customer of telecommunications service whose mailing address on the records of the telecommunications provider is located within the Commonwealth.

"Mobile telephone" means a CMRS device that is capable of sending and receiving telephone calls over a radio link through a connection to a cellular network.

"Session identifying information" includes originating and terminating telephone numbers, International Mobile Subscriber Identity (IMSI) numbers, and International Mobile station Equipment Identity (IMEI) numbers.

"Telecommunications contract" means any agreement entered into within the Commonwealth pursuant to which (i) a telecommunications provider, either directly or through an agent or licensee, sells or leases to a customer a telephone, mobile telephone, VoIP hardware, or software that is intended to be used in connection with the provision of telecommunications service by the telecommunications provider to the customer or (ii) a customer will receive telecommunications service from a telecommunications provider. For purposes of this section, an agreement shall be deemed to have been entered into within the Commonwealth if any party thereto was physically located within the Commonwealth at the time the agreement was executed, regardless of whether the agreement was entered into via mail, telephone, or the Internet.

"Telecommunications provider" means any entity subject to the jurisdiction of the Commission engaged in the business of providing telecommunications service to residential customers in the Commonwealth.

"Telecommunications service" means (i) local exchange telephone service or interexchange telephone service provided by any public service company or public service corporation that holds a certificate of public convenience and necessity to furnish such service, (ii) CMRS, or (iii) Voice-over-Internet protocol service.

"Telephony metadata" includes comprehensive communications routing information, including session identifying information, trunk identifier, telephone calling card numbers, and time and duration of any call. "Telephony metadata" does not include the substantive content of any communication, as defined by 18 U.S.C. 2510(8), or the name, address, or financial information of a subscriber or customer.

"USA Patriot Act" means the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (P.L. 107-56), as amended by the USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005, the USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006, and the PATRIOT Sunsets Extension Act of 2011 and as it may hereafter be amended.

B. Unless federal statutory law or court order prohibits a telecommunications provider from so doing, the Commission shall require that each telecommunications provider that periodically bills its customers for telecommunications service pursuant to a telecommunications contract shall disclose to its customers on each customer's periodic billing statement, and each telecommunications provider that enters into a telecommunications contract with a customer shall disclose to the customer at the time of entering into the telecommunications contract, (i) whether the telecommunications provider is being or has been directed by order of the U.S. Foreign Intelligence Surveillance Court or other court to provide call detail records or telephony metadata for its customers to the National Security Agency or other agency of the federal government and (ii) if so, a description of the nature and type of call detail records or telephony metadata that the telecommunications provider is being or has been directed to provide to such agency. However, if the telecommunications provider is prohibited by federal statutory law or court order from disclosing the information described in clause (i) or (ii), and unless federal statutory law or court order prohibits a telecommunications provider from so doing, the telecommunications provider shall disclose to its customers on each customer's periodic billing statement, and at the time the customers enters into a telecommunications contract, that (a) the telecommunications provider is prohibited from disclosing to its customers specific information regarding the call detail records or telephony metadata that the telecommunications provider is being or has been directed to provide to such agency and (b) federal law may require the telecommunications provider to provide the customer's call detail records or telephony metadata to federal agencies.

C. Unless federal statutory law or court order prohibits a telecommunications provider from making such disclosures, the form of the disclosures required pursuant to subsection B shall conform in material respects to the following, unless the Commission, on application of a telecommunications provider, has approved an alternative form of the disclosures:

1. A disclosure that the telecommunications provider is being or has been directed by order of the U.S. Foreign Intelligence Surveillance Court or other court to provide call detail records or telephony metadata for its customers to the National Security Agency or other agency of the federal government shall include the following:

"Pursuant to the USA Patriot Act, the U.S. Foreign Intelligence Surveillance Court or other court has in the past required, or currently is requiring, (Name of telecommunications provider) to turn over to the National Security Agency or other agency of the federal government information regarding your telephone calls."

2. In addition to the information described in subdivision 1, if the telecommunications provider is permitted to disclose the types of call detail records and telephony metadata it is being or has been directed to turn over to federal agencies and the period during which such information has been or will be turned over, the disclosure shall include the following:

"The information that (Name of telecommunications provider) is being or has been required by order of the U.S. Foreign Intelligence Surveillance Court or other court to disclose to the (Name of federal agency) includes: (List types of call detail records and telephony metadata disclosed). The disclosure of such information to government agencies covers the period (Start date) to (End date)."

3. If the telecommunications provider is prohibited from disclosing that the types of call detail records and telephony metadata it is being or has been directed to turn over to a federal agency and the period during which such information has been or will be turned over, the disclosure shall include the following:

"(Name of telecommunications provider) is prohibited from disclosing to its customers information regarding the call detail records or telephony metadata it is being or has been required to turn over to a federal agency."

4. If the telecommunications provider is prohibited from disclosing that it has been required or is being required to turn over call detail records and telephony metadata to a federal agency, the disclosure shall include the following:

"Federal law may require (Name of telecommunications provider) to provide your call detail records or telephony metadata to a federal agency."

D. Each disclosure or statement required pursuant to subsection B or C to be included in a periodic billing statement or a telecommunications contract shall be conspicuous, as such term is defined in subdivision (b)(10) of 8.1A-201.

E. A finding by the Commission or other entity that a telecommunications service is competitive shall not affect the obligation of the telecommunications provider providing such service to make any disclosure or provide any statement required pursuant to this section.

F. The Commission, with or without an investigation, may require any telecommunications provider to furnish to it, in such form, at such times, and in such detail as the Commission shall require, such accounts, reports, and other information of whatsoever kind or character as it may deem proper, in order to show completely the compliance of the telecommunications provider with the requirements of this section.

G. Unless preempted by federal law, (i) CMRS shall constitute a public utility and (ii) a provider of CMRS in the Commonwealth shall constitute a public utility company or public utility corporation as may be required to ensure the Commission has jurisdiction to enforce the requirements of this section that are applicable to telecommunications providers providing CMRS.