Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-12 - TELEPHONE SERVICE › Subject 515-12-1 - TELEPHONE SERVICE › Rule 515-12-1-.32 - Automatic Dialing and Announcing Device Equipment

Current through Rules and Regulations filed through June 27, 2024
(1) As used in
				Utility Rule
				515-12-1-.32, the phrase "ADAD
				equipment" shall mean any device or system of devices that is used, whether
				alone or in conjunction with other equipment, for the purpose of automatically
				selecting or dialing telephone numbers and disseminating pre-recorded messages
				to the numbers so selected or dialed.
(2) Any person desiring to use ADAD equipment
				in this state shall make application for a permit to the Georgia Public Service
				Commission on forms prescribed by the Commission and shall pay the
				administrative fee assessed by that agency for such permit. Permits shall be
				renewed biennially as prescribed by the Commission and upon payment of a
				renewal fee. Permits shall be subject to suspension or revocation for any
				violation of Commission Rules or O.C.G.A. §§
									46-5-27 and
				46-5-23.
(3) Upon receipt of an application for an
				ADAD equipment permit, the Commission may, in its discretion, conduct a hearing
				on the application. In the event that a hearing is scheduled by the Commission,
				notice thereof shall be given to the applicant at least ten days in advance of
				the date assigned for the proceeding. After considering the application, the
				Commission may approve it as filed, approve it with conditions or deny it in
				its entirety. Upon approval of the application, a permit shall be issued in the
				form identified as "Permit to Use Automatic Dialing and Announcement
				Devices."
(4) Persons using ADAD
				equipment for the purpose of advertising or offering for sale, lease, rental,
				or as a gift any goods, services, or property, either real or personal,
				primarily for personal, family, or household use or for the purpose of
				conducting polls or soliciting information must do so under the following
				conditions:
(a) Consent shall be received
				prior to the initiation of the calls as specified in paragraphs (5), (6), and
				(7).
(b) No calls will be placed
				between the hours of 9:00 p.m. and 8:00 a.m.
(c) Equipment used to place such calls shall
				be equipped with an automatic clock and calendar device which will operate,
				even in the event of power failure, to prevent unattended operation in
				violation of the time limitations set forth herein.
(d) No numbers will be called in either
				sequential or random fashion. Sequentially placed calls refer to those calls
				automatically dialed by successively increasing or decreasing integers, or
				similar methods. Randomly placed calls refer to those calls automatically
				dialed to a telephone number where no prior relationship exists between the
				calling and the called party.
(e)
				The telephone number given to the called party to contact must be one which
				during normal business hours must be promptly answered in person by a person
				who is an agent of the person on whose behalf the calls are made and who is
				willing and able to provide information on the call.
(f) The equipment shall be programmed or
				utilized in such a manner as to automatically disconnect a called party's line
				not later than ten seconds after the called party fails to give consent for
				playing a recorded message or hangs up.
(g) Within 25 seconds after the called party
				answers and at the conclusion of the call, the name and telephone number of the
				individual or firm making or paying for the call, including but not limited to
				the name of the individual or firm on whose behalf the call is made, must be
				clearly stated.
(h) No calls will
				be placed to persons or firms whose telephone numbers have been omitted from
				directories published by local exchange companies serving these customers at
				the request of such persons or firms.
(i) No calls will be placed to organizations
				providing emergency services including, but not limited to, hospitals, nursing
				homes, fire departments, and law enforcement agencies.