§  64.1202   Public safety answering point do-not-call registry.

   (a) As used in this section, the following terms are defined as:

   (1) Operators of automatic dialing or robocall equipment. Any person or
   entity who uses an automatic telephone dialing system, as defined in
   section 227(a)(1) of the Communications Act of 1934, as amended, to
   make telephone calls with such equipment.

   (2) Public Safety Answering Point (PSAP). A facility that has been
   designated to receive emergency calls and route them to emergency
   service personnel pursuant to section 222(h)(4) of the Communications
   Act of 1934, as amended. As used in this section, this term includes
   both primary and secondary PSAPs.

   (3) Emergency purpose. A call made necessary in any situation affecting
   the health and safety of any person.

   (b) PSAP numbers and registration. Each PSAP may designate a
   representative who shall be required to file a certification with the
   administrator of the PSAP registry, under penalty of law, that they are
   authorized and eligible to place numbers onto the PSAP Do-Not-Call
   registry on behalf of that PSAP. The designated PSAP representative
   shall provide contact information, including the PSAP represented,
   contact name, title, address, telephone number, and email address.
   Verified PSAPs shall be permitted to upload to the registry any PSAP
   telephone numbers associated with the provision of emergency services
   or communications with other public safety agencies. On an annual basis
   designated PSAP representatives shall access the registry, review their
   numbers placed on the registry to ensure that they remain eligible for
   inclusion on the registry, and remove ineligible numbers.

   (c) Prohibiting the use of autodialers to contact registered PSAP
   numbers. An operator of automatic dialing or robocall equipment is
   prohibited from using such equipment to contact any telephone number
   registered on the PSAP Do-Not-Call registry other than for an emergency
   purpose. This prohibition encompasses both voice and text calls.

   (d) Granting and tracking access to the PSAP registry. An operator of
   automatic dialing or robocall equipment may not obtain access or use
   the PSAP Do-Not-Call registry until it provides to the designated
   registry administrator contact information that includes the operator's
   name and all alternative names under which the registrant operates, a
   business address, a contact person, the contact person's telephone
   number, the operator's email address, and all outbound telephone
   numbers used to place autodialed calls, including both actual
   originating numbers and numbers that are displayed on caller
   identification services, and thereafter obtains a unique identification
   number or password from the designated registry administrator. All such
   contact information provided to the designated registry administrator
   must be updated within 30 days of any change to such information. In
   addition, an operator of automatic dialing equipment must certify when
   it accesses the registry, under penalty of law, that it is accessing
   the registry solely to prevent autodialed calls to numbers on the
   registry.

   (e) Accessing the registry. An operator of automatic dialing equipment
   or robocall equipment shall, to prevent such calls to any telephone
   number on the registry, access and employ a version of the PSAP
   Do-Not-Call registry obtained from the registry administrator no more
   than 31 days prior to the date any call is made, and shall maintain
   records documenting this process. It shall not be a violation of
   paragraph (c) of this section to contact a number added to the registry
   subsequent to the last required access to the registry by operators of
   automatic dialing or robocall equipment.

   (f) Restrictions on disclosing or dissemination of the PSAP registry.
   No person or entity, including an operator of automatic dialing
   equipment or robocall equipment, may sell, rent, lease, purchase,
   share, or use the PSAP Do-Not-Call registry, or any part thereof, for
   any purpose except to comply with this section and any such state or
   Federal law enacted to prevent autodialed calls to telephone numbers in
   the PSAP registry.

   [ 77 FR 71137 , Nov. 29, 2012]

   Effective Date Note: At  77 FR 71137 , November 29, 2012, §  64.1202 was
   added. This section contains information collection and recordkeeping
   requirements and will not become effective until approval has been
   given by the Office of Management and Budget.

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Subpart M—Provision of Payphone Service

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