.................... moves to amend H. F. No. 635, the second committee engrossment,
Delete everything after the enacting clause and insert:
"Section 1. [325F.696] MINNESOTA WIRELESS TELEPHONE CONSUMER
1.6 Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this
1.8 (b) "Government-mandated charges and taxes" means any taxes, fees, and other
1.9charges that a wireless carrier is legally required to collect directly from consumers and
1.10to remit to federal, state, or local governments, or to third parties authorized by such
1.11governments, for the administration of government programs. "Government-mandated
1.12charges and taxes" does not include discretionary charges authorized, but not required by,
1.14 (c) "Wireless carrier" means a provider of wireless telecommunications service.
1.15 (d) "Wireless telecommunications service" means commercial mobile radio service
1.16as defined in Code of Federal Regulations, title 47, part 20.
1.17 Subd. 2. Required disclosures. (a) Wireless carriers providing wireless
1.18telecommunications service in the state must:
1.19 (1) provide the customer, at the time of sale, with a coverage map that accurately
1.20depicts the area where service is provided and that identifies areas where any domestic
1.21roaming or additional charges would apply to the customer's service;
1.22 (2) make accurate coverage maps available to prospective and existing customers at
1.23any location where the wireless carrier's wireless telecommunications service is offered
1.24for sale and make those maps available electronically at the carrier's Web site;
1.25 (3) clearly and conspicuously disclose at the time of sale the price for the service
1.26being purchased by the customer, including the monthly access fee or base charge,
2.1the amount of any activation or initiation fee, any charges for domestic roaming, any
2.2charge for domestic long distance, any charge for exceeding the number of minutes
2.3or usage included in any allowance, and any other charges collected and retained by
2.4the carrier and disclose a good faith estimate of the amount or range of all applicable
2.5government-mandated or authorized charges and taxes;
2.6 (4) clearly and conspicuously disclose to the customer at the time of sale, in at least
2.712-point font in written materials: (i) that the price is not guaranteed to remain the same
2.8for the minimum term of the contract if a contract provision allows the wireless carrier to
2.9change the price of the service during the minimum term, and (ii) any early termination
2.10fee that applies if service is terminated during the minimum term; and
2.11 (5) prior to the execution of a contract for wireless telephone service, provide
2.12the customer the terms of the contract, and after execution of the contract provide the
2.13customer with a copy of the writing or writings constituting the contract, at the time of
2.14sale and thereafter upon the customer's request.
2.15 (b) With regard to any early termination fee provisions or provisions allowing the
2.16wireless carrier to change the price of the service during the minimum contract term,
2.17the wireless carrier must obtain a specific acknowledgement from the customer that the
2.18customer has read and understands the provisions.
2.19 Subd. 3. Billing; listing of government taxes and fees. All bills for wireless
2.20telecommunications services must list government-mandated charges and taxes in a
2.21section of the bill separate from the section or sections listing the price and any other
2.22charges for the wireless telecommunications service. The wireless carrier must include
2.23a brief, easy-to-understand description of each charge included in the bill. The wireless
2.24carrier must not represent, expressly or by implication, that discretionary cost recovery
2.25fees or charges are government-mandated charges and taxes.
2.26 Subd. 4. Billing for third-party goods and services. (a) A wireless carrier must
2.27not include on a customer's bill a charge for goods or services that the carrier bills on
2.28behalf of a third party unless the third party or wireless carrier has obtained the customer's
2.29prior express authorization to include those charges on the customer's bill issued by the
2.31 (b) If a customer of a wireless carrier disputes any third party charge appearing
2.32on that customer's wireless bill, the customer shall not be obligated to pay the disputed
2.33charge until the wireless carrier or third party provides evidence of the customer's prior
2.34express authorization to include such charge. Evidence of the customer's prior express
2.35authorization must be produced to the customer within 14 calendar days after the customer
2.36notifies the wireless carrier that the charge is disputed. A customer shall be permitted to
3.1dispute any charges that a wireless carrier bills on behalf of a third party for up to six
3.2months after the charge appears on the customer's wireless bill. If the wireless carrier
3.3cannot produce evidence that the customer authorized the third party charge, the wireless
3.4carrier must remove the charge from the customer's wireless bill and credit the customer
3.5for the unauthorized third party charges incurred during the previous six months.
3.6 (c) A wireless carrier or third party meets the prior express authorization
3.7requirements of this subdivision only if it obtains or receives:
3.8 (1) written authorization from the customer containing clear, unambiguous and
3.9separate authorizations for each third party good or service to be included on the
3.11 (2) a customer's oral authorization if the customer subsequently opts in by an E-mail
3.12or text message exchange with the third-party or wireless carrier; or
3.13 (3) a customer's affirmative authorization via an interactive voice response system
3.14or via an electronic communication, such as through the Internet, by E-mail or by text
3.15message, if the customer subsequently opts in by e-mail or by text message.
3.16 (d) For direct-dialed calls, where the call itself represents the service for which the
3.17charge is placed on a customer's wireless telephone bill, evidence that the call was placed
3.18from the number that is subject to the wireless telephone bill is sufficient evidence of
3.19authorization for that call for billing authorization purposes established in this subdivision.
3.20Nothing in this subdivision may be construed to change obligations or affect rights
3.21under section 325F.692.
3.22 (e) This subdivision does not apply to charges for collect calls.
3.23 (f) All wireless carriers must provide a means by which customers may restrict
3.24access to third party charges on the customer's wireless bill.
3.25 (g) Nothing in this subdivision restricts the right of a wireless carrier to seek to
3.26recover from a third party unauthorized charges credited to the customer by the wireless
3.28 Subd. 5. Extensions in contract length. If a customer requests a new good or
3.29service in connection with, or a change in a term of, an existing wireless service contract,
3.30and the new good, service, or change will result in an extension of the minimum term of
3.31the wireless service contract, the wireless carrier must specifically disclose to the customer
3.32that the requested change will result in an extension of the minimum term, the length of
3.33the extension, and the new minimum term period.
3.34 Subd. 6. Remedies; penalties, enforcement. A violation of this section is a
3.35violation of a law referred to in section 8.31, subdivision 1.
4.1 Subd. 7. Severability. Each of the provisions of this section, and each application
4.2of a provision to particular circumstances, is severable. If a provision or application is
4.3found to be contrary to law and unenforceable, it is the intention of the legislature that the
4.4remaining provisions and applications of this section remain valid and enforceable to the
4.5full extent possible under section 645.20.
Sec. 2. REPEALER.
4.7 Minnesota Statutes 2006, section 325F.695, is repealed.
Sec. 3. EFFECTIVE DATE.
4.9 Section 1 is effective August 1, 2007, except that section 1, subdivision 4 is effective
4.10March 1, 2008.
Amend the title accordingly