47 CFR §64.1200
Subpart L -- Restrictions on Telephone Solicitation
§64.1200 Delivery restrictions.
No person may:
Initiate any telephone call (other than a call made for emergency purposes or made with the prior express consent of the called party) using an automatic telephone dialing system or an artificial or prerecorded voice,
To any emergency telephone line, including any 911 line and any emergency line of a hospital, medical physician or service office, health care facility, poison control center, or fire protection or law enforcement agency;
To the telephone line of any guest room or patient room of a hospital, health care facility, elderly home, or similar establishment; or
To any telephone number assigned to a paging service, cellular telephone service, specialized mobile radio service, or other radio common carrier service, or any service for which the called party is charged for the call;
Use a telephone facsimile machine, computer, or other device to send an unsolicited advertisement to a telephone facsimile machine.
Use an automatic telephone dialing system in such a way that two or more telephone lines of a multi-line business are engaged simultaneously.
For the purpose of §64.1200(a) of this section, the term emergency purposes means calls made necessary in any situation affecting the health and safety of consumers.
That is made for a commercial purpose but does not include the transmission of any unsolicited advertisement.
To any person with whom the caller has an established business relationship at the time the call is made, or
Which is a tax-exempt nonprofit organization.
All artificial or prerecorded telephone messages delivered by an automatic telephone dialing system shall:
At the beginning of the message, state clearly the identity of the business, individual, or other entity initiating the call, and
During or after the message, state clearly the telephone number (other than that of the autodialer or prerecorded message player which placed the call) or address of such business, other entity, or individual.
Training of personnel engaged in telephone solicitation. Personnel engaged in any aspect of telephone solicitation must be informed and trained in the existence and use of the do-not-call list.
Affiliated persons or entities. In the absence of a specific request by the subscriber to the contrary, a residential subscriber's do-not-call request shall apply to the particular business entity making the call (or on whose behalf a call is made), and will not apply to affiliated entities unless the consumer reasonably would expect them to be included given the identification of the caller and the product being advertised.
The terms automatic telephone dialing system and autodialer mean equipment which has the capacity to store or produce telephone numbers to be called using a random or sequential number generator and to dial such numbers.
The term telephone facsimile machine means equipment which has the capacity to transcribe text or images, or both, from paper into an electronic signal and to transmit that signal over a regular telephone line, or to transcribe text or images (or both) from an electronic signal received over a regular telephone line onto paper.
47 CFR §68.318(c)
Section 68.318(c) is amended by revising paragraph (c)(2) and adding paragraph (c)(3) to read as follows:
§68.318 Additional limitations.
Line seizure by automatic telephone dialing systems. Automatic telephone dialing systems which deliver a recorded message to the called party must release the called party's telephone line within 5 seconds of the time notification is transmitted to the system that the called party has hung up, to allow the called party's line to be used to make or receive other calls.
Telephone facsimile machines; identification of the sender of the message. It shall be unlawful for any person within the United States to use a computer or other electronic device to send any message via a telephone facsimile unless such message clearly contains, in a margin at the top or bottom of each transmitted page or on the first page of the transmission, the date and time it is sent and an identification of the business, other entity, or individual sending the message and the telephone number of the sending machine or of such business, other entity, or individual. The telephone number provided may not be a 900 number or any other number for which charges exceed local or long distance transmission charges. Telephone facsimile machines manufactured on and after December 20, 1992, must clearly mark such identifying information on each transmitted message. Facsimile modem boards manufactured on and after December 13, 1995, must comply with the requirements of this section.