Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter F - REGULATION OF TELECOMMUNICATIONS SERVICE › Section 26.125 - Automatic Dial Announcing Devices (ADADs)

Current through Reg. 49, No. 28; July 12, 2024
(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.