SECTIONS 2871-2876 - California Statutes

PUBLIC UTILITIES CODE

SECTION 2871-2876

2871. As used in this article, "automatic dialing-announcing device"
means any automatic equipment which incorporates a storage
capability of telephone numbers to be called or a random or
sequential number generator capable of producing numbers to be called
and the capability, working alone or in conjunction with other
equipment, to disseminate a prerecorded message to the telephone
number called.

2872. (a) The connection of automatic dialing-announcing devices to
a telephone line is subject to this article and to the jurisdiction,
control, and regulation of the commission.
(b) No person shall operate an automatic dialing-announcing device
except in accordance with this article. The use of such a device by
any person, either individually or acting as an officer, agent, or
employee of a person or corporation operating automatic
dialing-announcing devices, is subject to this article.
(c) No person shall operate an automatic dialing-announcing device
in this state to place a call that is received by a telephone in
this state during the hours between 9 p.m. and 9 a.m. California
time.
(d) This article does not prohibit the use of an automatic
dialing-announcing device by any person exclusively on behalf of any
of the following:
(1) A school for purposes of contacting parents or guardians of
pupils regarding attendance.
(2) An exempt organization under the Bank and Corporation Tax Law
(Part 11 (commencing with Section 23001) of Division 2 of the Revenue
and Taxation Code) for purposes of contacting its members.
(3) A privately owned or publicly owned cable television system
for purposes of contacting customers or subscribers regarding the
previously arranged installation of facilities on the premises of the
customer or subscriber.
(4) A privately owned or publicly owned public utility for
purposes of contacting customers or subscribers regarding the
previously arranged installation of facilities on the premises of the
customer or subscriber or for purposes of contacting employees for
emergency actions or repairs required for public safety or to restore
services.
(5) A petroleum refinery, chemical processing plant, or nuclear
powerplant for purposes of advising residents, public service
agencies, and the news media in its vicinity of an actual or
potential life-threatening emergency.
(e) This article does not prohibit law enforcement agencies, fire
protection agencies, public health agencies, public environmental
health agencies, city or county emergency services planning agencies,
or any private for-profit agency operating under contract with, and
at the direction of, one or more of these agencies, from placing
calls through automatic dialing-announcing devices, if those devices
are used for any of the following purposes:
(1) Providing public service information relating to public
safety.
(2) Providing information concerning police or fire emergencies.
(3) Providing warnings of impending or threatened emergencies.
These calls shall not be subject to Section 2874.
(f) This article does not apply to any automatic
dialing-announcing device that is not used to randomly or
sequentially dial telephone numbers but that is used solely to
transmit a message to an established business associate, customer, or
other person having an established relationship with the person
using the automatic dialing-announcing device to transmit the
message, or to any call generated at the request of the recipient.
(g) The commission may determine any question of fact arising
under this section.

2872.5. (a) The commission, in consultation with the California
Emergency Management Agency and the California Technology Agency,
shall open an investigative proceeding to determine whether
standardized notification systems and protocol should be utilized by
entities that are authorized to use automatic dialing-announcing
devices pursuant to subdivision (e) of Section 2872, to facilitate
notification of affected members of the public of local emergencies.
The commission shall not establish standards for notification systems
or standard notification protocol unless it determines that the
benefits of the standards exceed the costs.
(b) Before January 1, 2008, the commission shall prepare and
submit to the Legislature a report on the results of the proceeding,
including recommendations for funding notification systems and any
statutory modifications needed to facilitate notification of affected
members of the public of local emergencies.

2872.5. (a) The commission, in consultation with the Office of
Emergency Services and the Department of General Services, shall open
an investigative proceeding to determine whether standardized
notification systems and protocol should be utilized by entities that
are authorized to use automatic dialing-announcing devices pursuant
to subdivision (e) of Section 2872, to facilitate notification of
affected members of the public of local emergencies. The commission
shall not establish standards for notification systems or standard
notification protocol unless it determines that the benefits of the
standards exceed the costs.
(b) Before January 1, 2008, the commission shall prepare and
submit to the Legislature a report on the results of the proceeding,
including recommendations for funding notification systems and any
statutory modifications needed to facilitate notification of affected
members of the public of local emergencies.

2873. Automatic dialing-announcing devices may be used to place
calls over telephone lines only pursuant to a prior agreement between
the persons involved, whereby the person called has agreed that he
or she consents to receive such calls from the person calling, or as
specified in Section 2874.

2874. (a) Whenever telephone calls are placed through the use of an
automatic dialing-announcing device, the device may be operated only
after an unrecorded, natural voice announcement has been made to the
person called by the person calling. The announcement shall do all
of the following:
(1) State the nature of the call and the name, address, and
telephone number of the business or organization being represented,
if any.
(2) Inquire as to whether the person called consents to hear the
prerecorded message of the person calling.
(b) The calling person described in subdivision (a) shall
disconnect the automatic dialing-announcing device from the telephone
line upon the termination of the call by either the person calling
or the person called.

2875. No person shall connect any automatic dialing-announcing
device to any telephone line without first making written application
to the telephone corporation within whose service area telephone
calls through the use of such device are proposed to be placed. In
such application, the person shall provide information as to the type
of automatic dialing-announcing device proposed to be connected, the
time of day such telephone calls are proposed to be placed using
such device, the anticipated number of calls proposed to be placed
during the specified calling period, the average length of a
completed call, and such additional information as the corporation or
the commission may require. Upon receiving such an application for
service, the corporation shall review the furnished information and,
if it appears that calling patterns would create a traffic overload
condition or the service would be detrimental to the services of
other customers of the corporation, it may deny the application or
modify the application and grant the application as so modified.

2875.5. (a) On and after July 1, 2002, no person operating any
automatic equipment that incorporates a storage capability of
telephone numbers to be called or a random or sequential number
generator capable of producing numbers to be called may make a
telephone connection for which no person, acting as an agent or
telemarketer, is available for the person called.
(b) Notwithstanding subdivision (a), the commission shall
establish an acceptable error rate for telephone connections made in
violation of subdivision (a). The commission shall determine the
error rate, if any, before July 1, 2002.
(c) The commission may require any person operating equipment as
described in subdivision (a) to maintain records of telephone
connections made for which no person, acting as an agent or
telemarketer, is available for the person called. The commission may
require copies of those records to be submitted to the commission.

2876. Any person violating this article is guilty of a civil
offense and is subject to either or both of the following penalties:
(a) A fine of not to exceed five hundred dollars ($500) for each
violation, levied and enforced by the commission, on complaint or on
its own motion, pursuant to Chapter 11 (commencing with Section 2100)
of Part 1.
(b) Disconnection of telephone service to the automatic
dialing-announcin g device for a period of time which shall be
specified by the commission.