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Subject 515-14-1 TELEMARKETING NO CALL LIST

Rule 515-14-1-.01 Definitions

As used in this Utility Rule 515-14-1, the following terms shall have the following definitions:

(a) "Caller identification service" means a type of telephone service that permits telephone subscribers to see the telephone numbers of incoming calls.
(b) "Commission" means the Georgia Public Service Commission.
(c) "No Call List" means the list compiled of telephone numbers of residential, mobile or wireless subscribers who object to receiving telephone solicitations and maintained on a database established and provided for by the Commission or an entity with which it has contracted for this purpose as contemplated by O.C.G.A. § 46-5-27(d)(2). This list may also be referenced herein as the "No Call Database."
(d) "Residential subscriber" means a person who has subscribed to residential telephone service from a local exchange company or mobile or wireless telephone service provider, or other persons living or residing with such person.
(e) "Telephone solicitation" means any voice communication over a telephone line for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, but does not include communications:
(1) To any residential, mobile or wireless subscriber with that subscriber's prior express invitation or permission;
(2) By or on behalf of any person or entity with whom a residential, mobile or wireless subscriber has a prior or current business or personal relationship;

or

(3) By or on behalf of a charitable organization that has filed a registration statement pursuant to Code Section 43-17-9, or is exempt from such registration under paragraphs (1) through (6) of subsection (a) of Code Section 43-17-9, or is exempt from such registration such as a religious organization or agency referred to in paragraph (2) of Code Section 43-17-2.

Such communication may be from a live operator, through the use of ADAD equipment as defined in Code Section 46-5-23, or by other means.

Rule 515-14-1-.02 Creation and Operation of a No Call List

The Commission shall establish and provide for the operation of a database on which to compile a list of telephone numbers of residential, mobile and wireless subscribers who object to receiving telephone solicitations. Such database may be operated by the Commission or by another entity under contract with the Commission.

Rule 515-14-1-.03 Restrictions on Telephone Solicitations to Residential, Mobile or Wireless Subscribers

(a) No person or entity shall make or cause to be made any telephone solicitation to the telephone line of any residential, mobile or wireless subscriber in the state of Georgia by whom notice has been given to the Commission in accordance with its Rule 515-14-1-.04 of said subscriber's objection to receiving same.
(b) Any person who or entity that makes a telephone solicitation to the telephone line of any residential, mobile or wireless subscriber in this jurisdiction shall begin the call by clearly stating the identity of the person or entity on whose behalf the call is being made.
(c) No person who or entity that makes a telephone solicitation to the telephone line of a residential, mobile or wireless subscriber in this state shall knowingly utilize any method to block or otherwise circumvent said subscriber's use of a caller identification service.
(d) Any person who or entity that knowingly violates O.C.G.A. Section 46-5-27(c)by making a telephone solicitation to a residential, mobile or wireless telephone subscriber that is listed on the Commission's No Call Database shall be subject to the penalties set forth in O.C.G.A. Sections 46-5-27(h) and (i).

Rule 515-14-1-.04 Notice of Objection to Residential, Mobile and Wireless Telephone Solicitations

(a) A residential, mobile and wireless telephone subscriber may give notice to the Commission or its designated entity that he or she objects to receiving telephone solicitations and wishes to be placed on the Commission's telemarketing No Call Database by placing his or her name in the single national database established by the Federal Communications Commission.
(b) Any notice objecting to the receipt of telephone solicitations filed with the Commission or its designated entity by a business service subscriber will not be considered for inclusion on the Commission's No Call Database.
(c) The Commission incorporates into the Georgia No Call List by reference the part of the single national database established by the Federal Communications Commission that relates to Georgia.
(d) In the event that the Federal Communications Commission discontinues accepting registrations through the single national database, a residential, mobile, and wireless subscriber may give notice to the Commission or its designated entity that he or she objects to receiving telephone solicitations and wishes to be placed on the Commission's telemarketing No Call database by registering with the Commission or its designated agent and paying any fee established by the Commission in its fee schedule.

Rule 515-14-1-.05 Revocation of Notification of Objection

Residential, mobile or wireless telephone subscribers on the single national database established by the Federal Communications Commission shall remain incorporated in the Georgia list by reference as long as they remain on the single national database.

Rule 515-14-1-.06 Deletions to the Database and the Handling Thereof

(a) Telephone solicitors shall be required to update their telemarketing lists at least once a quarter of each calendar year.
(b) Residential, mobile or wireless telephone subscribers shall be deleted from the Georgia list when they are removed from the single national database.

Rule 515-14-1-.07 Access to the Database

(a) Access to the No Call Database of registered telephone subscribers shall be given to the Commission and the Governor's Office of Consumer Affairs.
(b) Telephone solicitors may obtain the No Call List by accessing the part of the single national database that relates to Georgia through the Federal Communications Commission.
(c) In the event that the Federal Communications Commission discontinues dissemination of the single national database, telephone solicitors may obtain the No Call list from the Commission or its designated agent by paying the fee established by the Commission in its fee schedule.
(d) No person shall knowingly compile and/or disseminate information obtained from the database for any reason other than those legitimate purposes established by law. Any person found guilty of violating this code section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $1,000.00. Each instance of an unauthorized disclosure of information from the database shall constitute a separate offense.

Rule 515-14-1-.08 Obligation of Local Exchange Carriers and Competing Local Exchange Carriers to Provide Educational Information to Residential, Mobile or Wireless Telephone Subscribers

At least two (2) times during a calendar year, all local exchange carriers certificated to operate in Georgia shall provide information to residential, mobile and wireless subscribers about the existence of and opportunity to subscribe to the No Call Database. Said information shall be disseminated at the option of the carrier via television, radio or newspaper advertisements; written correspondence; bill inserts or messages; telephone book subscription forms; and any other method not otherwise expressly prohibited by the Commission.