Section 291-11-003 - AUTOMATIC DIALING-ANNOUNCING DEVICES USED FOR TELEPHONE SOLICITATIONS AND UNSOLICITED ADVERTISEMENTS003.01 Hours A person may only make a telephone solicitation or unsolicited advertisement using an automatic dialing-announcing device to a residential telephone line between the hours of 8:00 a.m. and 9:00 p.m., Monday through Saturday, and between the hours of 1:00 p.m. and 9:00 p.m., Sunday and legal holidays. All times indicated are local times of the party called.
003.02 Time Limit No message transmitted by any automatic dialing-announcing device used for telephone solicitations or unsolicited advertisements shall exceed two (2) minutes in length.
003.03 Message Requirements A person using an automatic dialing-announcing device for the purpose of making telephone solicitations or unsolicited advertisements shall deliver a message which
003.03A At the beginning of the message clearly states the identity of the person making the call.003.03B During or after the message, clearly states the telephone nuTTiber, other than that of the device which made the call, or address of the person.003.04 Filing of Script A person using an automatic dialing-announcing device for telephone solicitations or unsolicited advertisements or contracting with a third party to connect or operate an automatic-dialing announcing device for the purpose of making telephone solicitations or unsolicited advertisements shall file with the Commission the message to be used and any subsequent change to the message shall be filed with the Commission within five (5) days after the change.
003.05 Do-Not-Call Lists A person shall not make a telephone solicitation or unsolicited advertisement to a residential or business telephone line unless the caller has instituted procedures for maintaining a list of telephone subscribers who do not wish to receive telephone solicitations or unsolicited advertisements made by, or on behalf of, the caller. A caller shall at no time make telephone solicitations or unadvertised solicitations to subscribers on such list. Such procedures shall meet the following minimum standards
003.05A A written policy, available upon demand, for maintaining a do-not-call list must be established.003.05B Personnel engaged in any aspect of telephone solicitation or unsolicited advertisement must be informed of the existence of and trained in the use of the do-not-call list.003.05C If a person making a telephone solicitation or unsolicited advertisement, or on whose behalf a solicitation or advertisement is made, receives a request from a residential or business telephone subscriber not to receive calls from that person, the person shall record the request and place the subscriber's name and telephone number on the do-not-call list and the time the request is made. If the requests are recorded or maintained by someone' other than the person on whose behalf the telephone solicitation or unsolicited advertisement is made, the person on whose behalf the solicitation or advertisement is made shall be liable for any failure to honor the do-not-call request. In order to protect a telephone subscriber's privacy, a person making telephone solicitations or unsolicited advertisements shall obtain a telephone subscriber's prior express consent to share the telephone subscriber's request not to be called with, or to forward such request to, someone other than the person on whose behalf a telephone solicitation or unsolicited advertisement is made or an affiliated entity.003.05D In the absence of a specific request by a telephone subscriber to the contrary, a residential or business telephone subscriber's do-not-call request shall apply to the particular person making the call or on whose behalf a call is made and shall not apply to affiliated entities unless the telephone subscriber reasonably would expect them to be included given the identification of the caller and the product being advertised.003.05E A person making telephone solicitations or unsolicited advertisements shall maintain a do-not-call list for the purpose of any future telephone solicitations or unsolicited advertisements .003.06 Emergency Numbers; Restrictions A person shall not initiate a telephone solicitation or unsolicited advertisement, other than a call made for emergency purposes, using an automatic dialing-announcing device to
003.06A An emergency telephone line, including 911 or any emergency or business line of a hospital, physician or medical service office, health care facility, poison control center, fire protection agency, or law enforcement agency;003.06B The telephone line of any guest room of a hospital, health care facility, nursing home, or similar facility;003.06C Any telephone number assigned to a paging service, a cellular telephone service, a specialized mobile radio service, any other radio common carrier service, or any service for which the person is charged for the call; or,003.06D A residential or business telephone line unless the telephone solicitation or unsolicited advertisement is otherwise permitted by Neb. Rev. Stat. Sections 86-236 to 86-257.003.07 Inspection The permit holder shall inspect the automatic dialing-announcing device at least once a month to ensure proper operation and compliance with these rules, and shall maintain a record of such inspections for at least two (2) years. All automatic dialing-announcing devices used for telephone solicitations or unsolicited advertisements may be inspected by the Commission during the hours of operation specified in the application.
003.08 Facsimile Telephone Solicitation; Prohibited Use A person shall not use a telephone facsimile machine, computer, or other device to send an unsolicited advertisement to a telephone facsimile machine.
003.09 Joint and Several Liability A person contracting with a third party to connect or operate an automatic dialing-announcing device for the purpose of making telephone solicitations on any telephone line shall be jointly and severally liable with the third party for connecting and operating the automatic dialing-announcing device in violation of the Automatic Dialing-Announcing Devices Act or the rules and regulations adopted and promulgated under the act.
291 Neb. Admin. Code, ch. 11, § 003