§ 68.318   Additional limitations.

   (a) General. Registered terminal equipment for connection to those services
   discussed below must incorporate the specified features.

   (b) Registered terminal equipment with automatic dialing capability. (1)
   Automatic dialing to any individual number is limited to two successive
   attempts. Automatic dialing equipment which employ means for detecting both
   busy and reorder signals shall be permitted an additional 13 attempts if a
   busy or reorder signal is encountered on each attempt. The dialer shall be
   unable to re-attempt a call to the same number for at least 60 minutes
   following either the second or fifteenth successive attempt, whichever
   applies, unless the dialer is reactivated by either manual or external
   means. This rule does not apply to manually activated dialers that dial a
   number once following each activation.

   Note to paragraph (b)(1): Emergency alarm dialers and dialers under external
   computer control are exempt from these requirements.

   (2) If means are employed for detecting both busy and reorder signals, the
   automatic dialing equipment shall return to its on-hook state within 15
   seconds after detection of a busy or reorder signal.

   (3) If the called party does not answer, the automatic dialer shall return
   to the on-hook state within 60 seconds of completion of dialing.

   (4) If the called party answers, and the calling equipment does not detect a
   compatible terminal equipment at the called end, then the automatic dialing
   equipment shall be limited to one additional call which is answered. The
   automatic dialing equipment shall comply with paragraphs (b)(1), (b)(2), and
   (b)(3) of this section for additional call attempts that are not answered.

   (5) Sequential dialers shall dial only once to any individual number before
   proceeding to dial another number.

   (6) Network addressing signals shall be transmitted no earlier than:

   (i) 70 ms after receipt of dial tone at the network demarcation point; or

   (ii) 600 ms after automatically going off-hook (for single line equipment
   that does not use dial tone detectors); or

   (iii) 70 ms after receipt of CO ground start at the network demarcation
   point.

   (c) 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.

   (d)  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 machine unless such person clearly marks, in a margin at the top
   or bottom of each transmitted page of the message 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.  If  a facsimile broadcaster demonstrates a high degree of
   involvement  in the sender's facsimile messages, such as supplying the
   numbers to which a message is sent, that broadcaster's name, under which it
   is registered to conduct business with the State Corporation Commission (or
   comparable regulatory authority), must be identified on the facsimile, along
   with the sender's name. Telephone facsimile machines manufactured on and
   after December 20, 1992, must clearly mark such identifying information on
   each transmitted page.

   (e) Requirement that registered equipment allow access to common carriers.
   Any equipment or software manufactured or imported on or after April 17,
   1992, and installed by any aggregator shall be technologically capable of
   providing consumers with access to interstate providers of operator services
   through the use of equal access codes. The terms used in this paragraph
   shall have meanings defined in § 64.708 of this chapter (47 CFR 64.708).

   [ 62 FR 61691 , Nov. 19, 1997, as amended at  68 FR 44179 , July 25, 2003]

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