§ 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]

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Subpart M—Provision of Payphone Service

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