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First Annual Update Report on the
   Recycling of Cellular
   Telephones in Maine

     Maine Department of Environmental Protection
                            17 State House Station
                        Augusta, Maine 04333-0017

                                        February 2009

                                     Contact: Carole Cifrino
                       Division of Solid Waste Management
                                              207-287-7720
Table of Contents


I.         Background and Summary...................................................................................................... 1
II.        Convenient collection ............................................................................................................. 2
III.          Recycling data – A baseline from which to assess effectiveness of collection efforts....... 3
      A.      Data from wireless service providers’ annual reports......................................................... 3
      B.      Data from common cell phone recycling collection programs........................................... 4
IV.           Compliance ......................................................................................................................... 4
      A.      Retail store compliance....................................................................................................... 4
      B.      Wireless service provider compliance ................................................................................ 5
      C.      Prepaid cell phone providers............................................................................................... 5
V.         Conclusion .............................................................................................................................. 5
Appendix A – Maine’s Cell Phone Recycling Law........................................................................ 6
Appendix B – Notice to Service Providers and Sample Sign......................................................... 7
Appendix C- Sample Wireless Carrier Recycling Sign.................................................................. 9
I. Background and Summary

Like other electronics with circuit boards, liquid crystal displays and plastic components, cell
phones contain hazardous substances including antimony, arsenic, beryllium, cadmium, copper,
lead, nickel, zinc and brominated flame retardants. Collecting cell phones for reuse and
recycling prevents the release of these contaminants to the environment and recaptures useable
commodities for use in manufacturing new products.

Consumers replace their cell phones every 18-24 months, resulting in an estimated 450,000
waste cell phones generated in Maine each year. Despite the widespread availability of free cell
phone recycling, in 2003 an estimated 1% of waste cell phones were recycled. Maine’s Cellular
Telephone Recycling law sought to address barriers to cell phone recycling which were
highlighted in the DEP’s Report on the Recycling of Cellular Telephones in Maine submitted to
the Legislature in January 2007. Specifically, collection for recycling needs to be very
convenient and consumers need to be motivated to turn their cell phones in for recycling rather
than simply throwing them in the trash.

To enhance cell phone recycling, in 2007 the 123rd Maine Legislature adopted Public Law
Chapter 343, An Act To Promote Recycling of Cellular Telephones (38 M.R.S.A. §2143)
(Appendix A). This law requires cellular telephone service providers and retailers of cellular
telephones to accept used cell phones at no charge from consumers for recycling and to post a
sign in a prominent location to inform consumers of their recycling opportunity. It also imposes
a disposal ban on cell phones. These provisions became effective on January 1, 2008.
Additionally, the law requires annual reporting on recycling efforts by cell phone service
providers, and an annual report by the Maine Department of Environmental Protection (DEP) on
the collection system to the Legislature until 2013.

Maine consumers now have approximately 900 cellular telephone recycling collection sites
available to them, as well as prepaid mailing labels available from the internet. Due to the
myriad of recycling programs available and the varied sophistication of their source tracking, it
is not possible to collect complete data on cell phone recycling in Maine. However, based on
data in the wireless service providers’ annual reports and additional data voluntarily provided by
major cell phone recycling programs, we know that Mainers recycled approximately 54,400 cell
phones in 2008. Although this is only 12% of the estimated number of cell phones available for
recycling, it reflects a significant increase over the estimated 1% recycling rate for 2003. This
2008 data on cell phone recycling in Maine establishes a baseline from which to assess trends in
cell phone recycling collection efforts in Maine over the next several years.




                                             1
II. Convenient collection

As of January 2009, Maine DEP has identified 453 cell phone retailers throughout the state,
including retailers owned by wireless service providers, retailers “authorized” by wireless service
providers, major retail chains, and small businesses. These retailers are located in all counties:

              County                        Number of            Number of non-
                                       affiliated* retailers affiliated retailers
              Androscoggin                        8                      34
              Aroostook                           9                      23
              Cumberland                         22                      77
              Franklin                            2                       7
              Hancock                             6                      13
              Kennebec                           11                      37
              Knox                                4                      10
              Lincoln                             1                       6
              Oxford                              3                      16
              Penobscot                          13                      56
              Piscataquis                         3                       7
              Sagadahoc                           2                      10
              Somerset                           3                       11
              Waldo                               1                       8
              Washington                          3                       6
              York                                9                      28
                              Totals            100                     349
               *owned by, or an authorized dealer of, a wireless service provider.

In addition to these retail locations which are required to accept cell phones for recycling, there
are many voluntary collection locations. Examples include:
     The Rechargeable Battery Recycling Corporation (RBRC) recently began accepting
        cellular telephones in addition to rechargeable batteries. RBRC has collection boxes at
        672 retail, business, community, and government locations throughout Maine. This
        program is used by many cell phone retailers.
     Fourteen non-profit locations use the Collective Good recycling program, which also
        offers postage paid mailing labels over the internet. Maine residents from York to
        Castine recycled cell phones through this program in 2008.
     There are an additional 30 non-profit locations collecting cell phones in Maine listed on
        www.Earth911.com.

These programs alone account for approximately 900 cell phone recycling collection locations
across Maine, ensuring Maine residents have a convenient collection system.




                                              2
III.    Recycling data – A baseline from which to assess effectiveness of
        collection efforts

38 M.R.S.A.§2143.4 requires “cellular telephone service providers” (defined as “a provider of
wireless voice or data retail services”) to report annually for five years to the DEP on the number
of cell phones collected at their retail locations in Maine and on how the cell phones are reused
or recycled. Because there are many cell phone collection and recycling programs offered via
the internet and in locations other than the service providers’ retail locations, the number of cell
phones reported as recycled through these retail locations is a subset of all phones recycled in the
state. This service provider data combined with additional data voluntarily provided by other
cell phone recycling programs (e.g., RBRC, Collective Good, ReCellular), will be useful in
discerning whether Maine residents generally recycle their cell phones as well as trends in cell
phone recycling rates over the next few years.


A. Data from wireless service providers’ annual reports

In its June 2008 Ratewatcher Telecom Guide, the Maine Public Advocate’s Office lists five
wireless service providers who offer service in Maine. These five entities provided the following
information in their first annual report due to Maine DEP in January 2009:

Wireless Service Provider         Number of Maine            Number of cell phones               Recycling
                                   retail locations           reported recycled in               program
                                                                     Maine
AT&T Wireless (includes                      8                      22,639*                   AT&T Reuse &
Cingular)                                                                                       Recycle
Rural Cellular Corporation                  44                         15,317                    Unicel
(Unicel)
T-Mobile                                     2               Report not yet received              T-Mobile
                                                                                                “Huddle-Up”
U.S. Cellular                               13                         511**                     US Cellular
Verizon                                     10                          4094                      Verizon’s
                                                                                                  HopeLine
Unaffiliated retailers                       5                          5668                       various
reporting
                         Totals             82                         48,229
   *Estimated from national numbers
   ** Reporting incomplete; individual retail “authorized dealers” may select alternative recycling program.
        Number of phones is estimated based on assuming 3.5 phones per pound recycled.

Additionally, Sprint/Nextel reported that it has one retail location in South Portland at which
they offer a prepaid mailer for recycling cell phones through the Sprint Project Connect charity.
Sprint/Nextel’s annual report did not include any accounting of cell phones recycled from Maine
through this program in 2008.



                                                   3
B. Data from common cell phone recycling collection programs

Three major cell phone recycling programs which track cell phone receipts by source have
provided the DEP with the following information on their cell phone recycling collection efforts
in Maine in 2008.

       Rechargeable Battery Recycling Corporation (2005- 1082 cell phones collected)
      Collection site type              Number of Sites        Pounds of Cell         Number of Cell
                                                                   Phones                  Phones
                                             391                      516                   1763
      Retail Stores
                                              43                       23                     91
      Businesses
                                              98                      123                    471
      Public Agencies
                                             140                       46                    182
      Communities
                            Totals           672                      708                   2507*
          *797 of these 2507 were also accounted for in the wireless service providers’ annual reports

                                                 ReCellular
      Collection site type              Number of Cell
                                          Phones                Total Reused         Total recycled
                                           5600                     3833                 1767
      Collection sites
                                           1535                     1089                  466
      Individual mailers
                                                                 4922 (69%)           2233 (31%)
                             Totals        7135

                                            Collective Good
                 Collection site type              Number of Sites       Number of Cell
                                                                           Phones
                                                           7                 472
                 Retail Stores
                                                          31                 131
                 Non-profits
                                                          N/A                 16
                 Internet
                                        Totals            38                 619

Using the two data sets (one from the wireless service providers, the other from the recyclers),
we are able to estimate that approximately 54,400 cell phones were reported as recycled from
Maine in 2008.

IV.    Compliance

In late 2007, DEP mailed notice of Maine’s new cell phone recycling law to a purchased address
listing of wireless cell phone service retailers in Maine. Along with the notice, this mailing
included a copy of the law and a sample sign that could be used by retailers to meet the signage
requirement of the law (the notice and sample sign are reproduced in Appendix B).
Additionally, both DEP and SPO solid waste program staff routinely included information on
this law in their trainings and presentations to municipal and school groups throughout 2008.

A. Retail store compliance

In 2008, DEP began fieldwork to identify entities needing one-on-one outreach and to assess
compliance. Of the 88 sites visited by early January 2009, approximately 73% had collection



                                                  4
programs. Some retailers, such as Verizon, Best Buy and Staples, have well-developed
programs implemented in all their stores with information encouraging donations to support
charitable causes. Appendix C shows a sample sign from one of these well-developed programs
adapted to comply with Maine’s law. However, some of these collection programs were not well
advertised, and not all had a prominently posted sign meeting the legal requirement.

As result of initial field work, DEP sought out corporate contacts to bring major retail chains
(e.g., 21 Wal-Marts, 80 Rite Aids, 29 Cumberland Farms, and 48 Family Dollars) into
compliance with all requirements. Also, DEP created laminated signs and began offering these
to retailers who needed one beginning with site visits in November 2008.

B. Wireless service provider compliance

Of the six wireless service providers, AT&T, Unicel, and Verizon consistently implement and
actively market their corporate-affiliated cell phone recycling programs in their retail outlets in
Maine. These three providers are generally in compliance with all provisions of Maine’s cell
phone recycling law, including the annual reporting requirement.

DEP field visits found inconsistent implementation in the U.S. Cellular authorized dealer stores,
with most not actively advertising the availability of their cell phone recycling service. DEP
staff has not yet visited the two T-Mobile retail locations to assess their compliance with the
law’s provisions on offering free recycling of cell phones and visible signage. U.S. Cellular and
T-Mobile are delinquent in completing their first annual report, although DEP expects they will
soon come into compliance with this requirement. Sprint/Nextel has only one store front in
Maine. They did submit their first annual report, but the information provided demonstrates that
they may not be fully implementing the requirement to offer free cell phone recycling to anyone,
not just customers purchasing a new phone. DEP will follow-up to ensure that Sprint/Nextel
fully implements this requirement.

C. Prepaid cell phone providers

There are a number of businesses that provide wireless service only through prepaid phones, e.g.,
Tracfone (including Net10), Virgin Mobile, CoinStar. InComm, PaySpot, Alltell, and
BoostMobile. These entities are known as “mobile virtual network operators”. They do not
operate their own networks, nor have their own retail stores; rather they resell airtime which they
purchase from the others’ networks. For these reasons, DEP considers them outside of the scope
of the definition of wireless service provider in the context of Maine’s cell phone recycling law.

V. Conclusion

Maine’s new cell phone law has resulted in the successful establishment of a convenient
collection system for Maine consumers. The next challenge is to assure that consumers know
about the system and are motivated to recycle their old cell phones. DEP is continuing its
outreach to retailers to ensure they post a clearly visible sign about their free recycling service.
Also, DEP and SPO will continue working with our municipal partners to educate local residents
on the need to recycle cell phones at the end of life.


                                              5
Appendix A – Maine’s Cell Phone Recycling Law

                                            Public Law
                                         123rd Legislature
                                       First Regular Session
                                           Chapter 343
                                       H.P. 1200 - L.D. 1717

                    An Act To Promote Recycling of Cellular Telephones

Be it enacted by the People of the State of Maine as follows:
     Sec. 1. 38 MRSA §2143 is enacted to read:
§ 2143. Cellular telephone recycling
 1. Definitions.    As used in this section, unless the context otherwise indicates, the following
terms have the following meanings.
     A. ”Cellular telephone” means a mobile wireless telephone device that is designed to send
     or receive transmissions through a cellular radiotelephone service as defined in 47 Code of
     Federal Regulations, Section 22.99 (2005). “Cellular telephone” does not include a wireless
     telephone device that is integrated into the electrical architecture of a motor vehicle.
     B. ”Cellular telephone service provider” means a provider of wireless voice or data retail
     service.
     C. ”Retailer” means a person, firm or corporation that sells or offers to sell a cellular
     telephone to a consumer at retail.

     2. Collection system. Effective January 1, 2008, a retailer shall accept, at no charge, used
cellular telephones from any person. A retailer required to accept used cellular telephones under
this subsection shall post, in a prominent location open to public view, a notice printed in
boldface type and containing the following language: “We accept used cellular telephones at no
charge.”

     3. Disposal ban.       Effective January 1, 2008, a person may not dispose of a cellular
telephone in solid waste for disposal in a solid waste disposal facility.

     4. Reports. By January 1, 2009, and every year thereafter until January 1, 2013, a cellular
telephone service provider shall report to the department the number of cellular telephones
collected pursuant to this section and how the collected cellular telephones were disposed of,
reused or recycled. By February 1, 2009 and every year thereafter until February 1, 2013, the
department shall report on the collection system to the joint standing committee of the
Legislature having jurisdiction over natural resources matters.

                                  Effective September 20, 2007


                                             6
Appendix B – Notice to Service Providers and Sample Sign



               Maine has a new
          cell phone recycling law.
Beginning January 1, 2008, any person, firm or corporation that
sells a cellular telephone at retail in Maine must accept used cell
phones for recycling at no charge to the customer.

Anyone that sells cell phones at retail also must post a notice, in
a prominent location clearly visible to the public, that says in bold:

                  We accept used cellular
                  telephones at no charge.
Maine law requires that you recycle all cell phones.

Annually beginning January 1, 2009, cellular telephone service
providers must report to the Maine Department of Environmental
Protection the number of cell phones collected and how they were
disposed of, reused or recycled.

A sample poster and the annual report form which you can use to comply with the law is
available at www.maine.gov/dep/rwm/recycle/cellphonerecycling.htm. FMI - contact
Carole Cifrino at Maine DEP at 207-287-7720 or at carole.a.cifrino@maine.gov.




                                    7
We accept
used cellular
 telephones
for recycling
at no charge.
    8
Appendix C- Sample Wireless Carrier Recycling Sign




                9

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I n t h e Picture This: Smart Cell Phone Camera Networks

  • 1. First Annual Update Report on the Recycling of Cellular Telephones in Maine Maine Department of Environmental Protection 17 State House Station Augusta, Maine 04333-0017 February 2009 Contact: Carole Cifrino Division of Solid Waste Management 207-287-7720
  • 2. Table of Contents I. Background and Summary...................................................................................................... 1 II. Convenient collection ............................................................................................................. 2 III. Recycling data – A baseline from which to assess effectiveness of collection efforts....... 3 A. Data from wireless service providers’ annual reports......................................................... 3 B. Data from common cell phone recycling collection programs........................................... 4 IV. Compliance ......................................................................................................................... 4 A. Retail store compliance....................................................................................................... 4 B. Wireless service provider compliance ................................................................................ 5 C. Prepaid cell phone providers............................................................................................... 5 V. Conclusion .............................................................................................................................. 5 Appendix A – Maine’s Cell Phone Recycling Law........................................................................ 6 Appendix B – Notice to Service Providers and Sample Sign......................................................... 7 Appendix C- Sample Wireless Carrier Recycling Sign.................................................................. 9
  • 3. I. Background and Summary Like other electronics with circuit boards, liquid crystal displays and plastic components, cell phones contain hazardous substances including antimony, arsenic, beryllium, cadmium, copper, lead, nickel, zinc and brominated flame retardants. Collecting cell phones for reuse and recycling prevents the release of these contaminants to the environment and recaptures useable commodities for use in manufacturing new products. Consumers replace their cell phones every 18-24 months, resulting in an estimated 450,000 waste cell phones generated in Maine each year. Despite the widespread availability of free cell phone recycling, in 2003 an estimated 1% of waste cell phones were recycled. Maine’s Cellular Telephone Recycling law sought to address barriers to cell phone recycling which were highlighted in the DEP’s Report on the Recycling of Cellular Telephones in Maine submitted to the Legislature in January 2007. Specifically, collection for recycling needs to be very convenient and consumers need to be motivated to turn their cell phones in for recycling rather than simply throwing them in the trash. To enhance cell phone recycling, in 2007 the 123rd Maine Legislature adopted Public Law Chapter 343, An Act To Promote Recycling of Cellular Telephones (38 M.R.S.A. §2143) (Appendix A). This law requires cellular telephone service providers and retailers of cellular telephones to accept used cell phones at no charge from consumers for recycling and to post a sign in a prominent location to inform consumers of their recycling opportunity. It also imposes a disposal ban on cell phones. These provisions became effective on January 1, 2008. Additionally, the law requires annual reporting on recycling efforts by cell phone service providers, and an annual report by the Maine Department of Environmental Protection (DEP) on the collection system to the Legislature until 2013. Maine consumers now have approximately 900 cellular telephone recycling collection sites available to them, as well as prepaid mailing labels available from the internet. Due to the myriad of recycling programs available and the varied sophistication of their source tracking, it is not possible to collect complete data on cell phone recycling in Maine. However, based on data in the wireless service providers’ annual reports and additional data voluntarily provided by major cell phone recycling programs, we know that Mainers recycled approximately 54,400 cell phones in 2008. Although this is only 12% of the estimated number of cell phones available for recycling, it reflects a significant increase over the estimated 1% recycling rate for 2003. This 2008 data on cell phone recycling in Maine establishes a baseline from which to assess trends in cell phone recycling collection efforts in Maine over the next several years. 1
  • 4. II. Convenient collection As of January 2009, Maine DEP has identified 453 cell phone retailers throughout the state, including retailers owned by wireless service providers, retailers “authorized” by wireless service providers, major retail chains, and small businesses. These retailers are located in all counties: County Number of Number of non- affiliated* retailers affiliated retailers Androscoggin 8 34 Aroostook 9 23 Cumberland 22 77 Franklin 2 7 Hancock 6 13 Kennebec 11 37 Knox 4 10 Lincoln 1 6 Oxford 3 16 Penobscot 13 56 Piscataquis 3 7 Sagadahoc 2 10 Somerset 3 11 Waldo 1 8 Washington 3 6 York 9 28 Totals 100 349 *owned by, or an authorized dealer of, a wireless service provider. In addition to these retail locations which are required to accept cell phones for recycling, there are many voluntary collection locations. Examples include:  The Rechargeable Battery Recycling Corporation (RBRC) recently began accepting cellular telephones in addition to rechargeable batteries. RBRC has collection boxes at 672 retail, business, community, and government locations throughout Maine. This program is used by many cell phone retailers.  Fourteen non-profit locations use the Collective Good recycling program, which also offers postage paid mailing labels over the internet. Maine residents from York to Castine recycled cell phones through this program in 2008.  There are an additional 30 non-profit locations collecting cell phones in Maine listed on www.Earth911.com. These programs alone account for approximately 900 cell phone recycling collection locations across Maine, ensuring Maine residents have a convenient collection system. 2
  • 5. III. Recycling data – A baseline from which to assess effectiveness of collection efforts 38 M.R.S.A.§2143.4 requires “cellular telephone service providers” (defined as “a provider of wireless voice or data retail services”) to report annually for five years to the DEP on the number of cell phones collected at their retail locations in Maine and on how the cell phones are reused or recycled. Because there are many cell phone collection and recycling programs offered via the internet and in locations other than the service providers’ retail locations, the number of cell phones reported as recycled through these retail locations is a subset of all phones recycled in the state. This service provider data combined with additional data voluntarily provided by other cell phone recycling programs (e.g., RBRC, Collective Good, ReCellular), will be useful in discerning whether Maine residents generally recycle their cell phones as well as trends in cell phone recycling rates over the next few years. A. Data from wireless service providers’ annual reports In its June 2008 Ratewatcher Telecom Guide, the Maine Public Advocate’s Office lists five wireless service providers who offer service in Maine. These five entities provided the following information in their first annual report due to Maine DEP in January 2009: Wireless Service Provider Number of Maine Number of cell phones Recycling retail locations reported recycled in program Maine AT&T Wireless (includes 8 22,639* AT&T Reuse & Cingular) Recycle Rural Cellular Corporation 44 15,317 Unicel (Unicel) T-Mobile 2 Report not yet received T-Mobile “Huddle-Up” U.S. Cellular 13 511** US Cellular Verizon 10 4094 Verizon’s HopeLine Unaffiliated retailers 5 5668 various reporting Totals 82 48,229 *Estimated from national numbers ** Reporting incomplete; individual retail “authorized dealers” may select alternative recycling program. Number of phones is estimated based on assuming 3.5 phones per pound recycled. Additionally, Sprint/Nextel reported that it has one retail location in South Portland at which they offer a prepaid mailer for recycling cell phones through the Sprint Project Connect charity. Sprint/Nextel’s annual report did not include any accounting of cell phones recycled from Maine through this program in 2008. 3
  • 6. B. Data from common cell phone recycling collection programs Three major cell phone recycling programs which track cell phone receipts by source have provided the DEP with the following information on their cell phone recycling collection efforts in Maine in 2008. Rechargeable Battery Recycling Corporation (2005- 1082 cell phones collected) Collection site type Number of Sites Pounds of Cell Number of Cell Phones Phones 391 516 1763 Retail Stores 43 23 91 Businesses 98 123 471 Public Agencies 140 46 182 Communities Totals 672 708 2507* *797 of these 2507 were also accounted for in the wireless service providers’ annual reports ReCellular Collection site type Number of Cell Phones Total Reused Total recycled 5600 3833 1767 Collection sites 1535 1089 466 Individual mailers 4922 (69%) 2233 (31%) Totals 7135 Collective Good Collection site type Number of Sites Number of Cell Phones 7 472 Retail Stores 31 131 Non-profits N/A 16 Internet Totals 38 619 Using the two data sets (one from the wireless service providers, the other from the recyclers), we are able to estimate that approximately 54,400 cell phones were reported as recycled from Maine in 2008. IV. Compliance In late 2007, DEP mailed notice of Maine’s new cell phone recycling law to a purchased address listing of wireless cell phone service retailers in Maine. Along with the notice, this mailing included a copy of the law and a sample sign that could be used by retailers to meet the signage requirement of the law (the notice and sample sign are reproduced in Appendix B). Additionally, both DEP and SPO solid waste program staff routinely included information on this law in their trainings and presentations to municipal and school groups throughout 2008. A. Retail store compliance In 2008, DEP began fieldwork to identify entities needing one-on-one outreach and to assess compliance. Of the 88 sites visited by early January 2009, approximately 73% had collection 4
  • 7. programs. Some retailers, such as Verizon, Best Buy and Staples, have well-developed programs implemented in all their stores with information encouraging donations to support charitable causes. Appendix C shows a sample sign from one of these well-developed programs adapted to comply with Maine’s law. However, some of these collection programs were not well advertised, and not all had a prominently posted sign meeting the legal requirement. As result of initial field work, DEP sought out corporate contacts to bring major retail chains (e.g., 21 Wal-Marts, 80 Rite Aids, 29 Cumberland Farms, and 48 Family Dollars) into compliance with all requirements. Also, DEP created laminated signs and began offering these to retailers who needed one beginning with site visits in November 2008. B. Wireless service provider compliance Of the six wireless service providers, AT&T, Unicel, and Verizon consistently implement and actively market their corporate-affiliated cell phone recycling programs in their retail outlets in Maine. These three providers are generally in compliance with all provisions of Maine’s cell phone recycling law, including the annual reporting requirement. DEP field visits found inconsistent implementation in the U.S. Cellular authorized dealer stores, with most not actively advertising the availability of their cell phone recycling service. DEP staff has not yet visited the two T-Mobile retail locations to assess their compliance with the law’s provisions on offering free recycling of cell phones and visible signage. U.S. Cellular and T-Mobile are delinquent in completing their first annual report, although DEP expects they will soon come into compliance with this requirement. Sprint/Nextel has only one store front in Maine. They did submit their first annual report, but the information provided demonstrates that they may not be fully implementing the requirement to offer free cell phone recycling to anyone, not just customers purchasing a new phone. DEP will follow-up to ensure that Sprint/Nextel fully implements this requirement. C. Prepaid cell phone providers There are a number of businesses that provide wireless service only through prepaid phones, e.g., Tracfone (including Net10), Virgin Mobile, CoinStar. InComm, PaySpot, Alltell, and BoostMobile. These entities are known as “mobile virtual network operators”. They do not operate their own networks, nor have their own retail stores; rather they resell airtime which they purchase from the others’ networks. For these reasons, DEP considers them outside of the scope of the definition of wireless service provider in the context of Maine’s cell phone recycling law. V. Conclusion Maine’s new cell phone law has resulted in the successful establishment of a convenient collection system for Maine consumers. The next challenge is to assure that consumers know about the system and are motivated to recycle their old cell phones. DEP is continuing its outreach to retailers to ensure they post a clearly visible sign about their free recycling service. Also, DEP and SPO will continue working with our municipal partners to educate local residents on the need to recycle cell phones at the end of life. 5
  • 8. Appendix A – Maine’s Cell Phone Recycling Law Public Law 123rd Legislature First Regular Session Chapter 343 H.P. 1200 - L.D. 1717 An Act To Promote Recycling of Cellular Telephones Be it enacted by the People of the State of Maine as follows: Sec. 1. 38 MRSA §2143 is enacted to read: § 2143. Cellular telephone recycling 1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. ”Cellular telephone” means a mobile wireless telephone device that is designed to send or receive transmissions through a cellular radiotelephone service as defined in 47 Code of Federal Regulations, Section 22.99 (2005). “Cellular telephone” does not include a wireless telephone device that is integrated into the electrical architecture of a motor vehicle. B. ”Cellular telephone service provider” means a provider of wireless voice or data retail service. C. ”Retailer” means a person, firm or corporation that sells or offers to sell a cellular telephone to a consumer at retail. 2. Collection system. Effective January 1, 2008, a retailer shall accept, at no charge, used cellular telephones from any person. A retailer required to accept used cellular telephones under this subsection shall post, in a prominent location open to public view, a notice printed in boldface type and containing the following language: “We accept used cellular telephones at no charge.” 3. Disposal ban. Effective January 1, 2008, a person may not dispose of a cellular telephone in solid waste for disposal in a solid waste disposal facility. 4. Reports. By January 1, 2009, and every year thereafter until January 1, 2013, a cellular telephone service provider shall report to the department the number of cellular telephones collected pursuant to this section and how the collected cellular telephones were disposed of, reused or recycled. By February 1, 2009 and every year thereafter until February 1, 2013, the department shall report on the collection system to the joint standing committee of the Legislature having jurisdiction over natural resources matters. Effective September 20, 2007 6
  • 9. Appendix B – Notice to Service Providers and Sample Sign Maine has a new cell phone recycling law. Beginning January 1, 2008, any person, firm or corporation that sells a cellular telephone at retail in Maine must accept used cell phones for recycling at no charge to the customer. Anyone that sells cell phones at retail also must post a notice, in a prominent location clearly visible to the public, that says in bold: We accept used cellular telephones at no charge. Maine law requires that you recycle all cell phones. Annually beginning January 1, 2009, cellular telephone service providers must report to the Maine Department of Environmental Protection the number of cell phones collected and how they were disposed of, reused or recycled. A sample poster and the annual report form which you can use to comply with the law is available at www.maine.gov/dep/rwm/recycle/cellphonerecycling.htm. FMI - contact Carole Cifrino at Maine DEP at 207-287-7720 or at carole.a.cifrino@maine.gov. 7
  • 10. We accept used cellular telephones for recycling at no charge. 8
  • 11. Appendix C- Sample Wireless Carrier Recycling Sign 9