291 Neb. Admin. Code, ch. 11, § 002

Current through June 17, 2024

Section 291-11-002 - PERNITS AND REGISTRATIONS

002.01Permit or Registration Required:

No person shall operate or connect any automatic dialing-announcing device for the purpose of making telephone solicitations or unsolicited advertisements on any telephone line unless the person has a current permit from the Commission for the device. Any person using an automatic dialing-announcing device other than for telephone solicitations or unsolicited advertisements shall register the device with the Commission. A separate permit or registration is required for each device connected or operated.

002.02Application Forms:

002.02APermit Applications: An applicant seeking a permit shall file a written application with the Commission and remit a fee of five hundred dollars ($500) for each device. The application shall be on a form prescribed by the Commission.

002.02BRegistration Applications: An applicant seeking a registration shall file a written application with the Commission, no filing fee is required for a registration. The application shall be on a form prescribed by the Commission.

002.02CReview of Applications: Upon review of an application, the Commission shall determine if a permit or registration is required.

002.03Demonstration and Inspection:

Prior to issuing any permit or registration, the Commission may require the applicant to submit its automatic dialing-announcing device to a demonstration and inspection.

002.04Permits and Registrations Not Transferrable:

Permits or registrations are not transferable and a new permit or registration is required for a change in the person operating or connecting the automatic dialing-announcing device.

002.05Filing with Telephone Company:

Upon issuance of a permit or registration, and prior to operating or connecting the device to any telephone line, the permit holder or registrant shall notify the serving telephone company of the telephone line on which the device is proposed to be connected or operated. The telephone line shall be considered a business line.

002.06Release of Telephone Line:

All automatic dialing-announcing devices delivering a recorded message to a person shall release the telephone line of the person called within five (5) seconds of the time notification is transmitted to the device that the person called has hung up, or as soon thereafter as the serving telephone company's central office equipment permits, to allow the telephone line of the person called to be used to make or receive other calls.

002.07Disconnection:

Use of an automatic dialing-announcing device shall not impair the telephone service of others.

002.07AAutomatic: The serving telephone company may suspend or disconnect, without prior notice, the telephone service of the permit holder or registrant if the use of the automatic dialing-announcing device causes the prevention, obstruction or delay of telephone service to others.

002.07BNotification: The serving telephone company shall immediately notify the permit holder or registrant in writing of such disconnection and the reason for the disconnection.

002.07CReestablishment: Service may be reestablished with the consent of the serving telephone company or by order of the Commission after notice and hearing.

002.08Changes in Information Contained in Application:

The permit holder or registrant shall notify the Commission of any changes in the information contained in its application within five (5) days. This section shall not apply to script changes which shall be made pursuant to sections 003.03C and 004.04C.

002.09Renewal of Permit or Registration; Duration of Permit or Registration:

If a permit or registration is granted, the permit or registration shall remain in force for two (2) years from the date of issuance, and each application for the renewal of a permit or registration shall be treated as a new application. Applications for renewal of permits or registrations should be filed thirty (30) days prior to the expiration date to allow for review and consideration by the Commission. No device may be operated after the expiration date unless a renewed permit or registration has been issued by the Commission.

002.10Sequential Dialing Prohibited:

A person shall not connect or operate an automatic dialing-announcing device in such a manner as to allow it to dial telephone numbers sequentially which means in any manner other than a random manner. A detectable, predictable pattern which can be used to accurately project the device's number dialing shall satisfy a finding that sequential number dialing is taking place in violation of this section.

291 Neb. Admin. Code, ch. 11, § 002