Section 1220-04-11-.01 - DEFINITIONS(1) "Act" refers to T.C.A. §§ 65-4-401 et seq.(2) "ADAD" or "automatic dialing and announcing device" means any device or system of devices which is used, whether alone or in conjunction with other equipment, for the purpose of automatically selecting or dialing telephone numbers and disseminating recorded messages to the numbers so selected or dialed.(3) "Affiliate" of a specific person means a person that directly, or indirectly through one (1) or more intermediaries, controls, or is controlled by, or is under common control with, the person specified.(4) "Commission" means the Tennessee Public Utility Commission.(5) "Business Telephone Subscriber" means a person or company who has subscribed to a business telephone service from a local exchange carrier.(6) "Caller identification service" or "caller ID" means telephone service that notifies telephone subscribers of the telephone number of incoming telephone calls.(7) "Coordinator" refers to the individual employed by the Commission to oversee the regulation of telephone solicitation practices, including the operations of the Do Not Call Register, delegated to the Commission by the General Assembly in T.C.A. §§ 65-4-401 and 47-18-1501.(8) "Database" means the information from which the Commission compiles the Do Not Call Register. The database shall be maintained by the Commission, or its designee, for the purpose of fulfilling the requirements of T.C.A. § 65-4-401.(9) "Division" refers to the Consumer Services Division of the Tennessee Public Utility Commission.(10) "Do Not Call Register" means a list of telephone numbers of residential telephone subscribers who have properly enrolled with the Commission or a Federal agency, that their telephone numbers not be solicited by telephone solicitors.(11) "Existing customer" includes a residential telephone subscriber with whom the person or entity making a telephone solicitation has had a business relationship within the prior twelve (12) months.(12) "Interexchange carrier" means a company that is certificated by the Commission to provide long-distance toll telephone service; provided, however, that those providers that have elected market regulation under Tenn. Code Ann. § 65-5-109(l) are excluded from the jurisdiction of the Commission consistent with Tenn. Code Ann. § 65-5-109(m) and (n).(13) "Local exchange companies," as used in this Chapter, include telecommunications service providers and competing telecommunications service providers as defined in T.C.A. § 65-4-101, as well as telephone cooperatives and cellular or other wireless telecommunications providers operating in Tennessee; provided, however, that those providers that have elected market regulation under Tenn. Code Ann. § 65-5-109(l) are excluded from the jurisdiction of the Commission consistent with Tenn. Code Ann. § 65-5-109(m) and (n).(14) "Not-for-profit" means an organization that is exempt from paying taxes under Section 501(c) of the Internal Revenue Code.(15) "Parent" means a company owning more than fifty (50) percent of the voting shares, or otherwise a controlling interest, of another company.(16) "Residential Telephone Subscriber" means a person residing in Tennessee who has residential telephone service or a state government telephone subscriber.(17) "Subsidiary" means a corporation more than fifty percent (50%) of whose outstanding voting shares are owned by its parent and/or the parent's other Subsidiaries.(18) "Telephone solicitor" means any natural person, firm, organization, partnership, association or corporation, or a parent, subsidiary or affiliate thereof, doing business in this state, who makes or causes to be made a telephone solicitation, including, but not limited to, calls made by use of automated dialing and announcing devices or by a live person.(a) "Registrant" means a telephone solicitor who has submitted an application and properly enrolled with the Commission to be provided the Do Not Call Register.(b) "Principal Solicitor" means a telephone solicitor that enters into agreements with independent solicitors as defined herein for the purposes of providing telephone solicitation.(c) "Independent Solicitor" means a telephone solicitor, other than an affiliate, subsidiary or employee of a Registrant, who has entered into an agreement with one and only one principal solicitor, as defined herein, to perform telephone solicitation under the indirect supervision of the principal solicitor.(19) "Telephone solicitation" means any voice communication over a telephone, originating from Tennessee or elsewhere, for the purposes of encouraging the purchase or rental of, or investment in, property, goods, or services except as provided for below. "For the purposes of encouraging" includes any call made with the intent that the call will ultimately result in the purchase or rental of, or investment in, property, goods, or services. Such calls include, but are not limited to: calls to set appointments, interviews or consultations; to conduct a survey; or to offer a give-away. Telephone solicitation does not include: (a) Any voice communication to any residential telephone subscriber with that subscriber's prior express invitation or permission;1. An offer to sell or rent a discrete piece of real or personal property does not constitute an express invitation or permission except for the sole purpose of purchasing or renting the property or unless (2) below applies.2. The use of a residential telephone line for the purpose of operating a business constitutes an express invitation or permission for the purposes of these rules.(b) Any voice communication to a residential telephone subscriber if such communication is made on behalf of a not-for-profit organization exempt from paying taxes under the Internal Revenue Code § 501(c), provided that a bona fide member of the exempt organization makes such voice communication;(c) Any voice communication to any residential telephone subscriber who is an existing customer; or(d) Occasional and isolated voice communications to a residential telephone subscriber provided all the following conditions are met: 1. A direct employee of the business makes the voice communication;2. The communication is not made as part of a telecommunications marketing plan;3. The business has a reasonable belief that the specific person who is receiving the voice communication is considering purchasing the service or product sold or leased by the business and the call is specifically directed to such person;4. The business does not sell or engage in telephone solicitations; and5. The business does not make more than three (3) such voice communications in any one (1) calendar week.Tenn. Comp. R. & Regs. 1220-04-11-.01
Original rule filed February 22, 2000; effective May 7, 2000. Amendment filed February 15, 2001; effective May 1, 2001. Administrative changes made to this chapter on April 27, 2018 pursuant to Public Chapter 94 of 2017; "Tennessee Regulatory Authority" references were changed to "Tennessee Public Utility Commission," "Authority" references were changed to "Commission," "Authority Director" references were changed to "Commissioner," and "Chief" references were changed to "Director." Amendments filed May 14, 2019; effective 8/12/2019.Authority: T.C.A. §§ 4-5-201, et seq., 47-18-1501, 47-18-1526, 65-2-102, 65-4-405, and 65-5-109.