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

1.3    "Section 1. [325.696] 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) "Government-mandated charges and taxes" means any taxes, fees, and other
1.8charges that a wireless carrier is legally required to collect directly from consumers and
1.9to remit to federal, state, or local governments, or to third parties authorized by such
1.10governments, for the administration of government programs. "Government-mandated
1.11charges and taxes" does not include discretionary charges authorized, but not required by,
1.12government action.
1.13    (c) "Premium charge" means any charge in excess of the wireless carrier's standard
1.14text, picture or video message charge, including any recurring monthly charge.
1.15    (d) "Wireless carrier" means a provider of wireless telecommunications service.
1.16    (e) "Wireless telecommunications service" means commercial mobile radio service
1.17as defined in Code of Federal Regulations, title 47, part 20.
1.18    Subd. 2. Required disclosures. (a) Wireless carriers providing wireless
1.19telecommunications service in the state must:
1.20    (1) provide the customer, at the time of sale, with a coverage map that accurately
1.21depicts the area where service is provided and that identifies areas where any domestic
1.22roaming or additional charges would apply to the customer's service;
1.23    (2) make accurate coverage maps available to prospective and existing customers at
1.24any location where the wireless carrier's wireless telecommunications service is offered
1.25for sale and make those maps available electronically at the carrier's Web site;
2.1    (3) clearly and conspicuously disclose at the time of sale the price for the service
2.2being purchased by the customer, including the monthly access fee or base charge, the
2.3amount of any activation or initiation fee, any charges for roaming, any charge for
2.4domestic long distance, any charge for exceeding the number of minutes or usage included
2.5in any allowance, and any other charges collected and retained by the carrier and disclose
2.6a good faith estimate of the amount or range of all applicable government-mandated
2.7or authorized charges and taxes;
2.8    (4) clearly and conspicuously disclose to the customer at the time of sale, in at least
2.912-point font: (i) that the price is not guaranteed to remain the same for the minimum term
2.10of the contract if a contract provision allows the wireless carrier to change the price of the
2.11service during the minimum term, and (ii) any early termination fee that applies if service
2.12is terminated during the minimum term; and
2.13    (5) prior to the execution of a written contract for wireless telephone service,
2.14provide the consumer the terms of the contract, in writing, and after execution of the
2.15contract, provide the customer with a copy of the writing or writings evidencing the
2.16customer's acceptance of the written contract at the time of sale and thereafter upon the
2.17customer's request.
2.18    (b) If a customer accepts a written contract, the wireless carrier must obtain specific,
2.19written acknowledgment from the customer that the customer has read and understands
2.20any early termination fee provisions and any provisions that allow the wireless carrier
2.21to change the price of the service during the minimum contract term. If a customer
2.22accepts an electronic contract over the Internet or by other electronic means or through
2.23an interactive voice response system, the wireless carrier must obtain specific, electronic
2.24acknowledgment from the customer that the customer has read or heard, and understands,
2.25any early termination fee provisions and any provisions that allow the wireless carrier to
2.26change the price of service during the minimum contract term. For electronic contracts
2.27accepted over the Internet or by other electronic means, the wireless carrier must provide a
2.28copy of those provisions and the contract terms and conditions in electronic form that the
2.29customer may print from the carrier's website. For electronic contracts accepted through
2.30an interactive voice response system, the wireless carrier must provide a written copy of
2.31those provisions and the contract terms and conditions via mail or e-mail within ten days
2.32after the customer's acceptance, unless the customer expressly opts not to receive the
2.33written version. If a customer accepts the contract orally by telephone, the wireless carrier
2.34must provide a written copy of those provisions and the contract terms and conditions
2.35via mail or e-mail within ten days after the customer's acceptance, unless the customer
2.36expressly opts not to receive the written version.
3.1    Subd. 3. Billing; listing of government taxes and fees. All bills for wireless
3.2telecommunications services must list government-mandated charges and taxes in a
3.3section of the bill separate from the section or sections listing the price and any other
3.4charges for the wireless telecommunications service. The wireless carrier must include
3.5a brief, easy-to-understand description of each charge included in the bill. The wireless
3.6carrier must not represent, expressly or by implication, that discretionary cost recovery
3.7fees or charges are government-mandated charges and taxes.
3.8    Subd. 4. Billing for third-party goods and services. (a) A wireless carrier must
3.9not include on a customer's bill a charge for goods or services that the carrier bills on
3.10behalf of a third party unless the third party or wireless carrier has obtained the customer's
3.11prior express authorization to include those charges on the customer's bill issued by the
3.12wireless carrier.
3.13    (b) If a customer of a wireless carrier disputes any third party charge appearing
3.14on that customer's wireless bill, the customer shall not be obligated to pay the disputed
3.15charge until the wireless carrier or third party provides evidence of the customer's prior
3.16express authorization to include such charge. Evidence of the customer's prior express
3.17authorization must be produced to the customer within 14 calendar days after the customer
3.18notifies the wireless carrier that the charge is disputed. A customer shall be permitted to
3.19dispute any charges that a wireless carrier bills on behalf of a third party for up to six
3.20months after the charge appears on the customer's wireless bill. If the wireless carrier
3.21cannot produce evidence that the customer authorized the third party charge, the wireless
3.22carrier must remove the charge from the customer's wireless bill and credit the customer
3.23for the unauthorized third party charges incurred during the previous six months.
3.24     (c) A wireless carrier or third party meets the prior express authorization
3.25requirements of this subdivision only if it obtains or receives written authorization in the
3.26form of a letter of agency, a customer's oral authorization if the customer subsequently
3.27opts in by an e-mail or text message exchange with the third-party or wireless carrier, or a
3.28customer's affirmative authorization via an interactive voice response system or via an
3.29electronic communication, such as through the Internet, by E-mail or by text message.
3.30    (1) If the customer's authorization is in the form of a letter of agency, the letter of
3.31agency must be a separate or easily separable document. The sole purpose of the letter of
3.32agency must be to authorize the carrier to include on the customer's bill a charge for goods
3.33or services that the carrier bills on behalf of a third party. The letter of agency must be
3.34of sufficient size to be clearly legible and must contain clear, unambiguous and separate
3.35statements for each third party good or service for which the customer is agreeing the
4.1carrier may include charges on the customer's bill. The letter of agency must be signed
4.2and dated by the customer.
4.3    (2) If a customer's authorization is obtained orally, via the Internet, via e-mail, or
4.4via an interactive voice response system, the third party or wireless carrier must, within
4.548 hours of receiving the customer's authorization, send the customer, via e-mail or text
4.6message, a notice of verification confirming the authorization.
4.7    (3) If the customer's authorization is obtained via a text message, the third party or
4.8wireless carrier must, within 48 hours of receiving the customer's authorization, send
4.9the customer, via text message, a notice of verification confirming the authorization. If
4.10the goods or services that the wireless carrier bills on behalf of a third party involve
4.11premium charges, and the authorization for such charges is obtained via text message, the
4.12customer's authorization must be obtained using a double opt-in text message exchange
4.13between the third party or wireless carrier and the customer.
4.14    (d) For direct-dialed calls, where the call itself represents the service for which the
4.15charge is placed on a customer's wireless telephone bill, such as "900 number" services
4.16and "dial around" services, evidence that the call was placed from the number that is
4.17subject to the wireless telephone bill is sufficient evidence of authorization for that call for
4.18billing authorization purposes established in this subdivision. Nothing in this subdivision
4.19may be construed to change obligations or affect rights under section 325F.692. (e) This
4.20subdivision does not apply to charges for collect calls.
4.21    (f) All wireless carriers must provide a means by which customers may restrict
4.22access to third party services.
4.23    (g) Nothing in this subdivision restricts the right of a wireless carrier to seek to
4.24recover from a third party unauthorized charges credited to the customer by the wireless
4.25carrier.
4.26    Subd. 5. Extensions in contract length. If a customer requests a new good or
4.27service in connection with, or a change in a term of, an existing wireless service contract,
4.28and the new good, service, or change will result in an extension of the minimum term of
4.29the wireless service contract, the wireless carrier must specifically disclose to the customer
4.30that the requested change will result in an extension of the minimum term, the length of
4.31the extension, and the new minimum term period.
4.32    Subd. 6. Remedies; penalties, enforcement. A violation of this section is a
4.33violation of a law referred to in section 8.31, subdivision 1.
4.34    Subd. 7. Severability. Each of the provisions of this section, and each application
4.35of a provision to particular circumstances, is severable. If a provision or application is
5.1found to be contrary to law and unenforceable, it is the intention of the legislature that the
5.2remaining provisions and applications of this section remain valid and enforceable to the
5.3full extent possible under section 645.20.

5.4    Sec. 2. REPEALER.
5.5Minnesota Statutes 2006, section 325F.695, is repealed.

5.6    Sec. 3. EFFECTIVE DATE.
5.7    Section 1 is effective August 1, 2007, except that section 1,subdivision 4, is effective
5.8180 days following the date of enactment."
5.9Amend the title accordingly