W. Va. Code R. § 150-6-12

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 150-6-12 - Intrastate use of automatic dialing and announcing devices

12.1. Local exchange carriers shall require that users of automatic dialing and announcing devices (ADADs) at all times meet each and every one of the following requirements.

a. ADADs may not be used between the hours of 9:00 p.m. and 9:00 a.m.

b. No ADAD may be used for purposes of telephone solicitation unless the ADAD user has previously registered with the Commission as an ADAD user.

c. ADAD telephone solicitation messages must contain a preamble identifying the ADAD user, giving the ADAD user's telephone number and address, stating the purpose of the call and informing the called party that he or she is listening to a prerecorded message.

d. ADADs must automatically release the called party's line within five (5) seconds of the time the ADAD receives notification that the called party has terminated the call in order to allow the called party's line to be used to make or receive other calls.

e. ADADs must be programmed to skip emergency numbers, pager numbers, mobile numbers, cellular numbers, unlisted numbers, non-published numbers, toll-free numbers and direct-inward-dial numbers.

f. ADADs must, wherever such service is available, use measured rate telephone service.

12.2. Local exchange carriers shall take reasonable steps to identify ADAD users who are not in full and strict compliance with '150CSR6-12.1.a. through 12.1.f. When any violation of any portion of '150CSR6-12.1.a. through 12.1.f. is discovered by a serving local exchange carrier or brought to its attention, the service used by the offending ADAD equipment shall be discontinued after all Commission requirements regarding service discontinuation are met, until the user of the ADAD equipment can demonstrate that it shall be in compliance with the rule or rules violated. Any initial violation of '150CSR6-12.1.a. shall result in a warning being issued to the offender. Any subsequent violation shall result in termination of service for thirty (30) continuous days.

12.3. Any suspected violation of any portion of '150CSR6-12.1.a. through 12.1.f. shall be immediately reported to the Telecommunications Section of the Commission's Utilities Division.

W. Va. Code R. § 150-6-12