1.1    .................... moves to amend H.F. No. 635 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. [325F.696] MINNESOTA WIRELESS TELEPHONE CONSUMER
1.4PROTECTION ACT.
1.5    Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this
1.6section.
1.7    (b) "Customer" means an individual consumer purchasing wireless
1.8telecommunications service, or a business or corporate entity making a bulk purchase of
1.9wireless telecommunications service for use by its employees.
1.10    (c) "Government-mandated charges and taxes" means any taxes, fees, and other
1.11charges that a wireless carrier is legally required to collect directly from consumers and
1.12to remit to federal, state, or local governments, or to third parties authorized by such
1.13governments, for the administration of government programs. "Government-mandated
1.14charges and taxes" does not include discretionary charges authorized, but not required by,
1.15government action.
1.16    (d) "Wireless carrier" means a provider of wireless telecommunications service.
1.17    (e) "Wireless telecommunications service" means commercial mobile radio service
1.18as defined in Code of Federal Regulations, title 47, part 20.
1.19    Subd. 2. Required disclosures. (a) Wireless carriers providing wireless
1.20telecommunications service, other than prepaid per minute service that does not require a
1.21minimum term agreement from the customer, in the state must:
1.22    (1) provide the customer, at the time of sale, with a coverage map showing where
1.23service is generally available and that identifies areas where any domestic roaming or
1.24additional charges would apply to the customer's service;
1.25    (2) make coverage maps showing where service is generally available to
1.26prospective and existing customers at any location where the wireless carrier's
2.1wireless telecommunications service is offered for sale and make those maps available
2.2electronically at the carrier's Web site;
2.3    (3) clearly and conspicuously disclose at the time of sale the price for the service
2.4being purchased by the customer, including the monthly access fee or base charge,
2.5the amount of any activation or initiation fee, any charges for domestic roaming, any
2.6charge for domestic long distance, any charge for exceeding the number of minutes
2.7or usage included in any allowance, and any other charges collected and retained by
2.8the carrier and disclose a good faith estimate of the amount or range of all applicable
2.9government-mandated or authorized charges and taxes;
2.10    (4) clearly and conspicuously disclose to the customer at the time of sale, in at least
2.1112-point font in written materials: (i) that the price is not guaranteed to remain the same
2.12for the minimum term of the contract if a contract provision allows the wireless carrier to
2.13change the price of the service during the minimum term, and (ii) any early termination
2.14fee that applies if service is terminated during the minimum term; and
2.15    (5) prior to the execution of a contract for wireless telephone service, provide
2.16the customer the terms of the contract, and after execution of the contract provide the
2.17customer with a copy of the writing or writings constituting the contract, at the time of
2.18sale and thereafter upon the customer's request.
2.19    (b) With regard to any early termination fee provisions or provisions allowing the
2.20wireless carrier to change the price of the service during the minimum contract term,
2.21the wireless carrier must obtain a specific acknowledgment from the customer that the
2.22customer has read and understands the provisions.
2.23    Subd. 3. Billing; listing of government taxes and fees. All bills for wireless
2.24telecommunications services must list government-mandated charges and taxes in a
2.25section of the bill separate from the section or sections listing the price and any other
2.26charges for the wireless telecommunications service. The wireless carrier must include
2.27a brief, easy-to-understand description of each charge included in the bill. The wireless
2.28carrier must not represent, expressly or by implication, that discretionary cost recovery
2.29fees or charges are government-mandated charges and taxes.
2.30    Subd. 4. Billing for third-party goods and services. (a) A wireless carrier must
2.31not include on a customer's bill a charge for goods or services that the carrier bills on
2.32behalf of a third party unless the wireless carrier has obtained the customer's prior express
2.33authorization to include those charges on the customer's bill issued by the wireless carrier.
2.34    (b) If a customer of a wireless carrier disputes any third-party charge appearing on
2.35that customer's wireless bill, the customer shall not be obligated to pay the disputed charge
2.36until the wireless carrier provides evidence of the customer's prior express authorization
3.1to include such charge. Evidence of the customer's prior express authorization must be
3.2produced to the customer within 60 calendar days after the customer notifies the wireless
3.3carrier that the charge is disputed. A customer shall be permitted to dispute any charges
3.4that a wireless carrier bills on behalf of a third party for up to six months after the charge
3.5appears on the customer's wireless bill. If the wireless carrier cannot produce evidence
3.6that the customer authorized the third-party charge, the wireless carrier must remove the
3.7charge from the customer's wireless bill and credit the customer for the unauthorized
3.8third-party charges incurred during the previous six months.
3.9    (c) A wireless carrier meets the prior express authorization requirements of this
3.10subdivision only if it obtains or receives authorization from the customer containing
3.11clear, unambiguous, and separate authorizations for each third-party good or service to be
3.12included on the customer's bill.
3.13    (d) Nothing in this subdivision restricts the right of a wireless carrier to seek to
3.14recover from a third party unauthorized charges credited to the customer by the wireless
3.15carrier.
3.16    Subd. 5. Extensions in contract length. (a) If a customer is offered, accepts, or
3.17requests a good, service, or promotion or changes the customer's wireless service plan in
3.18any manner, and this good, service, promotion, or change will result in the extension of
3.19the minimum contract term or create a new contract with a minimum term, the wireless
3.20carrier must disclose to the customer at the point of sale or acceptance that the requested
3.21good, service, promotion, or change will result in a contract extension or creation of a new
3.22contract with a minimum term, and must further disclose the length of the extension or
3.23new term.
3.24    (b) If the customer and a representative of the carrier are personally present at
3.25the point of sale or acceptance, the wireless provider must also in connection with the
3.26new good, service, promotion, or change obtain the customer's signed consent in an
3.27independent document. The independent document must only include the terms set forth
3.28in clauses (1) to (3) and must clearly and conspicuously disclose in at least 14-point font:
3.29    (1) that the new good, service, promotion, or change will result in an extension or
3.30renewal of the customer's contract;
3.31    (2) the new contract start and end dates; and
3.32    (3) that failure to complete the new contract term may result in early termination
3.33fees and, if so, the amount of the fees.
3.34    (c) If the customer's consent is obtained via the Internet, the wireless provider must
3.35disclose in at least 14-point font the terms listed in paragraph (b), clauses (1) to (3). The
3.36customer must provide a valid electronic signature showing that the wireless provider has
4.1disclosed and the customer has agreed to the extension or renewal of the contract. An
4.2electronic record must be available upon request to the customer until the new contract
4.3term expires.
4.4    (d) If the customer's consent is obtained orally, the wireless provider must clearly
4.5disclose the terms listed in paragraph (b), clauses (1) to (3), and the customer's consent
4.6to each term must be recorded and retained by the provider and be made available upon
4.7request to the customer until the new contract term expires.
4.8    (e) Within ten days after a customer's contract has been extended or renewed, the
4.9wireless service provider must notify the customer in an independent writing that the
4.10contract has been extended or renewed. The independent writing must only include the
4.11terms set forth in clauses (1) to (3) and must clearly and conspicuously disclose in at
4.12least 14-point font:
4.13    (1) that the new good, service, promotion, or change will result in an extension or
4.14renewal of the customer's contract;
4.15    (2) the new contract start and end dates; and
4.16    (3) that failure to complete the new contract term may result in early termination
4.17fees and, if so, the amount of the fees.
4.18    (f) Failure of the provider to make any of the disclosures or to obtain any of
4.19the consents required in this subdivision voids any contract extension covered by this
4.20subdivision.
4.21    Subd. 6. Remedies; penalties, enforcement. A violation of this section is a
4.22violation of a law referred to in section 8.31, subdivision 1.
4.23    Subd. 7. Severability. Each of the provisions of this section, and each application
4.24of a provision to particular circumstances, is severable. If a provision or application is
4.25found to be contrary to law and unenforceable, it is the intention of the legislature that the
4.26remaining provisions and applications of this section remain valid and enforceable to the
4.27full extent possible under section 645.20.

4.28    Sec. 2. REPEALER.
4.29Minnesota Statutes 2006, section 325F.695, is repealed.

4.30    Sec. 3. EFFECTIVE DATE.
4.31    Section 1 is effective August 1, 2008, except that subdivision 4 is effective March
4.321, 2009."