| (a) Purpose. The purpose of this section is to regulate
the use of ADADs.
(b) Application. The provisions of this section apply
to an ADAD used to make a telephone call that originates or terminates
in the state of Texas.
(c) Requirements for use of an ADAD. A person who operates
an ADAD to make a telephone call in which the device plays a recorded
message when a connection is completed to a telephone number must
comply with the following requirements.
(1) An ADAD operator must obtain a permit from the
commission and give written notice specifying the type of device to
be connected to each telecommunications utility over whose system
the device is to be used.
(2) The device must not be used for random number dialing
or to dial numbers by successively increasing or decreasing integers.
In addition, the device must not be used in a way such that two or
more telephone lines of a multi-line business are engaged simultaneously.
(3) Within the first 30 seconds of the call, the ADAD
message must clearly state the nature of the call, the identity of
the business, individual, or other entity initiating the call, and
the telephone number (other than that of the ADAD which placed the
call) or address of the business, individual, or entity. This paragraph
does not apply to the ADAD if the ADAD is used:
(A) for debt collection purposes in compliance with
applicable federal law and regulations; and
(B) by a live operator for automated dialing for hold
announcement purposes.
(4) The entire ADAD message must be delivered in a
single language.
(5) The device must disconnect from the called person's
line no later than five seconds after the call is terminated by either
party or, if the device cannot disconnect within that period, a live
operator must introduce the call and receive the oral consent of the
called person before beginning the message. In addition, the device
must comply with the line seizure requirements in 47 Code of Federal
Regulations §68.318(c).
(6) The device, when used for solicitation purposes,
must have a message shorter than 30 seconds or have the technical
capacity to recognize a telephone answering device on the called person's
line and terminate the call within 30 seconds.
(7) For calls terminating in Texas, the device must
not be used to make a call:
(A) for solicitation before noon or after 9:00 p.m.
on a Sunday or before 9:00 a.m. or after 9:00 p.m. on a weekday or
a Saturday; or
(B) for collection purposes at an hour at which collection
calls would be prohibited under the federal Fair Debt Collection Practices
Act (15 United States Code §1692, et
seq.).
(8) Calls may not be made to emergency telephone numbers
of hospitals, fire departments, law enforcement offices, medical physician
or service offices, health care facilities, poison control centers,
"911" lines, or other entities providing emergency service. In addition,
calls may not be made to telephone numbers of any guest room or patient
room of a hospital, health care facility, elderly home, or similar
establishment, any telephone numbers assigned to paging service, cellular
telephone service, specialized mobile radio service, or other radio
common carrier, or any service for which the called party is charged
for the call.
(9) If during a call a cross-promotion or reference
to a pay-per-call information service is made, the call must include:
(A) a statement that a charge will be incurred by a
caller who makes a call to a pay-per-call information services telephone
number;
(B) the amount of the flat-rate or cost-per-minute
charge that will be incurred or the amount of both if both charges
will be incurred; and
(C) the estimated amount of time required to receive
the entire information offered by the service during a call.
(d) Permit to operate an ADAD.
(1) An application for a permit to use one or more
ADADs must be made using a form prescribed by the commission and must
be accompanied by a fee of $50. A permit is valid for one year after
its date of issuance. An application for a renewal permit shall be
filed using the form prescribed by the commission, accompanied by
a fee of $15, not less than 90 days prior to the expiration date of
the current permit.
(2) Each application for the issuance or renewal of
a permit under this section must contain the telephone number of each
ADAD that will be used and the physical address from which the ADAD
will operate in the format required by the commission. If the telephone
number of an ADAD or the physical address from which the ADAD operates
changes, the owner or operator of the ADAD shall notify the commission
by certified mail in the required format of each new number or address
not later than the 48th hour before the hour at which the ADAD will
begin operating with the new telephone number or at the new address.
If the owner or operator of an ADAD fails to notify the commission
as required by this subsection within the period prescribed by this
subsection, the permit is automatically invalid.
(3) In determining if a permit should be issued or
renewed, the commission will consider the compliance record of the
owner or operator of the ADAD. The commission may deny an application
for the issuance or renewal of a permit because of the applicant's
compliance record.
(4) A local exchange company (LEC) may obtain, on request
to the commission, a copy of a permit issued under this section and
of any changes relating to the permit.
(5) The commission may revoke a permit to operate an
ADAD for failure to comply with this section.
(e) Exceptions. This section does not apply to the
use of an ADAD to make a telephone call:
(1) relating to an emergency or a public service under
a program developed or approved by the emergency management coordinator
of the county in which the call was received;
(2) made by a public or private primary or secondary
school system to locate or account for a truant student;
(3) made by a municipality or a person calling on behalf
of a municipality to deliver information to citizens of the municipality
regarding public health, safety, or welfare issues; or
(4) made by an organization to a member of the organization.
(f) Complaints, investigation, and enforcement.
(1) If the commission determines that a person has
violated the requirements of this section, the telecommunications
utility providing service to the user of the ADAD shall comply with
a commission order to disconnect service to the person. The telecommunications
utility may reconnect service to the person only on a determination
by the commission that the person will comply with this section. The
telecommunications utility shall give notice to the person using the
ADAD of the telecommunications utility's intent to disconnect service
not later than the third day before the date of the disconnection,
except that if the ADAD is causing network congestion or blockage,
the notice may be given on the day before the date of disconnection.
(2) A telecommunications utility may, without an order
by the commission or a court, disconnect or refuse to connect service
to a person using or intending to use an ADAD if the telecommunications
utility determines that the device would cause or is causing network
harm.
(3) A LEC that receives a complaint relating to the
use of an ADAD shall send the complaint to the commission according
to the following guidelines:
(A) the complaint shall be recorded on a form prescribed
by the commission;
(B) the LEC shall inform the complainant that the complaint,
including the identity of the complainant and other information relevant
to the complaint, will be forwarded to the commission;
(C) the complaint form and any written complaint shall
be forwarded to the commission within three business days of its receipt
by the LEC.
(g) Permit suspension/child support enforcement. In
consideration of the Texas Family Code Annotated, Chapter 232, as
it may be subsequently amended, which provides for the suspension
of state-issued licenses for failure to pay child support, the commission
shall follow the procedures set out in this subsection.
(1) Provision of information to a Title IV-D agency.
Upon request, the commission shall provide a Title IV-D agency with
the name, address, social security number, license renewal date, and
other identifying information for each person who holds, applies for,
or renews an ADAD permit issued by the commission. This information
shall be provided in a format agreed to between the Title IV-D agency
and the commission.
(2) Suspension of permit. Upon receipt of a final order
issued by a court or a Title IV-D agency suspending an ADAD permit
under the provisions of the Texas Family Code, Chapter 232, the commission
shall immediately:
Cont'd... |
