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) "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) "Wireless carrier" means a provider of wireless telecommunications service.
1.14    (d) "Wireless telecommunications service" means commercial mobile radio service
1.15as defined in Code of Federal Regulations, title 47, part 20.
1.16    Subd. 2. Required disclosures. (a) Wireless carriers providing wireless
1.17telecommunications service in the state must:
1.18    (1) provide the customer, at the time of sale, with a coverage map that accurately
1.19depicts the area where service is provided and that identifies areas where any domestic
1.20roaming or additional charges would apply to the customer's service;
1.21    (2) make accurate coverage maps available to prospective and existing customers at
1.22any location where the wireless carrier's wireless telecommunications service is offered
1.23for sale and make those maps available electronically at the carrier's Web site;
1.24    (3) clearly and conspicuously disclose at the time of sale the price for the service
1.25being purchased by the customer, including the monthly access fee or base charge,
1.26the amount of any activation or initiation fee, any charges for domestic roaming, any
2.1charge for domestic long distance, any charge for exceeding the number of minutes
2.2or usage included in any allowance, and any other charges collected and retained by
2.3the carrier and disclose a good faith estimate of the amount or range of all applicable
2.4government-mandated or authorized charges and taxes;
2.5    (4) clearly and conspicuously disclose to the customer at the time of sale, in at least
2.612-point font in written materials: (i) that the price is not guaranteed to remain the same
2.7for the minimum term of the contract if a contract provision allows the wireless carrier to
2.8change the price of the service during the minimum term, and (ii) any early termination
2.9fee that applies if service is terminated during the minimum term; and
2.10    (5) prior to the execution of a written contract for wireless telephone service,
2.11provide the consumer the terms of the contract, in writing, and after execution of the
2.12contract, provide the customer with a copy of the writing or writings evidencing the
2.13customer's acceptance of the written contract at the time of sale and thereafter upon the
2.14customer's request.
2.15    (b) If a customer accepts a written contract, the wireless carrier must obtain specific,
2.16written acknowledgment from the customer that the customer has read and understands
2.17any early termination fee provisions and any provisions that allow the wireless carrier
2.18to change the price of the service during the minimum contract term. If a customer
2.19accepts an electronic contract over the Internet or by other electronic means or through
2.20an interactive voice response system, the wireless carrier must obtain specific, electronic
2.21acknowledgment from the customer that the customer has read or heard, and understands,
2.22any early termination fee provisions and any provisions that allow the wireless carrier to
2.23change the price of service during the minimum contract term. For electronic contracts
2.24accepted over the Internet or by other electronic means, the wireless carrier must provide a
2.25copy of those provisions and the contract terms and conditions in electronic form that the
2.26customer may print from the carrier's website. For electronic contracts accepted through
2.27an interactive voice response system, the wireless carrier must provide a written copy of
2.28those provisions and the contract terms and conditions via mail or e-mail within ten days
2.29after the customer's acceptance, unless the customer expressly opts not to receive the
2.30written version. If a customer accepts the contract orally by telephone, the wireless carrier
2.31must provide a written copy of those provisions and the contract terms and conditions
2.32via mail or e-mail within ten days after the customer's acceptance, unless the customer
2.33expressly opts not to receive the written version.
2.34    Subd. 3. Billing; listing of government taxes and fees. All bills for wireless
2.35telecommunications services must list government-mandated charges and taxes in a
2.36section of the bill separate from the section or sections listing the price and any other
3.1charges for the wireless telecommunications service. The wireless carrier must include
3.2a brief, easy-to-understand description of each charge included in the bill. The wireless
3.3carrier must not represent, expressly or by implication, that discretionary cost recovery
3.4fees or charges are government-mandated charges and taxes.
3.5    Subd. 4. Billing for third-party goods and services. (a) A wireless carrier must
3.6not include on a customer's bill a charge for goods or services that the carrier bills on
3.7behalf of a third party unless the third party or wireless carrier has obtained the customer's
3.8prior express authorization to include those charges on the customer's bill issued by the
3.9wireless carrier.
3.10    (b) If a customer of a wireless carrier disputes any third party charge appearing
3.11on that customer's wireless bill, the customer shall not be obligated to pay the disputed
3.12charge until the wireless carrier or third party provides evidence of the customer's prior
3.13express authorization to include such charge. Evidence of the customer's prior express
3.14authorization must be produced to the customer within 14 calendar days after the customer
3.15notifies the wireless carrier that the charge is disputed. A customer shall be permitted to
3.16dispute any charges that a wireless carrier bills on behalf of a third party for up to six
3.17months after the charge appears on the customer's wireless bill. If the wireless carrier
3.18cannot produce evidence that the customer authorized the third party charge, the wireless
3.19carrier must remove the charge from the customer's wireless bill and credit the customer
3.20for the unauthorized third party charges incurred during the previous six months.
3.21    (c) A wireless carrier or third party meets the prior express authorization
3.22requirements of this subdivision only if it obtains or receives written authorization in the
3.23form of a letter of agency, a customer's oral authorization if the customer subsequently
3.24opts in by an e-mail or text message exchange with the third-party or wireless carrier, or a
3.25customer's affirmative authorization via an interactive voice response system or via an
3.26electronic communication, such as through the Internet, by email or by text message, if the
3.27customer subsequently opts in by e-mail or by text message.
3.28    (d) For direct-dialed calls, where the call itself represents the service for which the
3.29charge is placed on a customer's wireless telephone bill, evidence that the call was placed
3.30from the number that is subject to the wireless telephone bill is sufficient evidence of
3.31authorization for that call for billing authorization purposes established in this subdivision.
3.32Nothing in this subdivision may be construed to change obligations or affect rights
3.33under section 325F.692.
3.34    (e) This subdivision does not apply to charges for collect calls.
3.35    (f) All wireless carriers must provide a means by which customers may restrict
3.36access to third party charges on the customer's wireless bill.
4.1    (g) Nothing in this subdivision restricts the right of a wireless carrier to seek to
4.2recover from a third party unauthorized charges credited to the customer by the wireless
4.3carrier.
4.4    Subd. 5. Extensions in contract length. If a customer requests a new good or
4.5service in connection with, or a change in a term of, an existing wireless service contract,
4.6and the new good, service, or change will result in an extension of the minimum term of
4.7the wireless service contract, the wireless carrier must specifically disclose to the customer
4.8that the requested change will result in an extension of the minimum term, the length of
4.9the extension, and the new minimum term period.
4.10    Subd. 6. Remedies; penalties; enforcement. A violation of this section is a
4.11violation of a law referred to in section 8.31, subdivision 1.
4.12    Subd. 7. Severability. Each of the provisions of this section, and each application
4.13of a provision to particular circumstances, is severable. If a provision or application is
4.14found to be contrary to law and unenforceable, it is the intention of the legislature that the
4.15remaining provisions and applications of this section remain valid and enforceable to the
4.16full extent possible under section 645.20.

4.17    Sec. 2. REPEALER.
4.18Minnesota Statutes 2006, section 325F.695, is repealed.

4.19    Sec. 3. EFFECTIVE DATE.
4.20    Section 1 is effective August 1, 2007, except that section 1, subdivision 4, is
4.21effective 180 days following the date of enactment."
4.22Amend the title accordingly