Okla. Admin. Code § 165:55-23-16

Current through Vol. 41, No. 19, June 17, 2024

Section 165:55-23-16 - Limitations on Marketing of Supported Services by ETCs

(a) All marketing efforts, including outdoor mobile marketing and door to door sales, must clearly identify the ETC by its d/b/a name.

(b) All enrollment in any Lifeline Services from any outdoor mobile location is prohibited unless the following conditions are met:

(1) There are at least two banners identifying the name of the ETC, in print that is readable from at least thirty (30) feet away;

(2) The banners are at least three (3) foot by five (5) foot in size and the identification of the ETC takes up at least fifty percent (50%) of the banner;

(3) Employees must wear a shirt that has the ETC's d/b/a name permanently affixed to the shirt;

(4) The available terms, conditions and rates for the Lifeline product(s) must be prominently posted at the location where the marketing is taking place;

(5) The marketer must have written permission from either the owner of the property where the marketing is taking place or from the individual responsible for the property;

(6) The marketer must have all required state, city, and county licenses necessary for selling a service at that location; and

(7) The marketing must be done in a manner that it does not create a traffic hazard or distraction.

(8) Marketing may only be done from a tent of at least ten (10) foot x ten (10) foot in size or from an enclosed trailer or panel truck that has the name of the ETC permanently affixed on the truck or trailer in letters that are at least eighteen (18) inches in height. If the tent is clearly marked with the name of the ETC on the top of the tent, the tent markings may be considered as one of the two banners required by paragraph (b)(1) of this Section.

(9) The ETC must provide PUD a list of locations by electronic mail where mobile marketing is taking place, including the date, time and location, prior to the mobile marketing taking place, in a format prescribed by the PUD Director. The carrier must also notify PUD of any changes to times or cancellations of previously scheduled events, prior to the change or cancellation. In addition, the ETC shall maintain an active phone number the Commission can call to obtain information regarding past marketing events. The information regarding past marketing events shall be retained by the ETC for a minimum of six (6) months.

(10) The ETC has obtained a waiver from the PUD Director regarding a specific requirement of this paragraph.

(c) All enrollment from door to door marketing is prohibitedunless the following conditions are met:

(1) Enrollment forms used for door to door marketing must have clear disclosure that customers will lose any existing landline Lifeline service if they enroll for Lifeline service from the door to door activity;

(2) Employees conducting door to door sales must wear a shirt that has the ETC's d/b/a name permanently affixed to the shirt;

(3) The customer must be offered a copy of the terms, conditions and rates for the Lifeline product they select;

(4) The marketer must have appropriate licenses for door to door sales;

(5) The marketer must provide PUD an address range, date and time where door to door marketing will take place, prior to the marketing being initiated.

(6) The ETC has obtained a waiver from the Director of the Public Utility Division regarding a specific requirement of this paragraph.

Okla. Admin. Code § 165:55-23-16

Reserved at 21 Ok Reg 2101, eff 7-1-04

Amended by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015

Amended by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 10/1/2023