PRINTER'S NO. 28
No. 24 Session of 1997
INTRODUCED BY DeWEESE, COY, GODSHALL, OLASZ, DeLUCA, PHILLIPS,
GORDNER, McCALL, DEMPSEY, NICKOL, LYNCH, BELARDI, TRAVAGLIO,
READSHAW, SCRIMENTI, SHANER, STABACK, BOSCOLA, MUNDY, REBER,
B. SMITH, VAN HORNE, E. Z. TAYLOR, COLAIZZO, WALKO, ROBINSON,
JAMES, GEIST, LEVDANSKY, KAISER, CORRIGAN, BATTISTO,
PISTELLA, ROEBUCK, STERN, MICOZZIE, PESCI, CASORIO, PETRARCA,
CURRY, RAMOS AND MELIO, JANUARY 27, 1997
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JANUARY 27, 1997
AN ACT
1 Amending Title 66 (Public Utilities) of the Pennsylvania
2 Consolidated Statutes, providing for the regulation of
3 automatic dialing-announcing devices.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Chapter 29 of Title 66 of the Pennsylvania
7 Consolidated Statutes is amended by adding a subchapter to read:
8 SUBCHAPTER C
9 REGULATION OF AUTOMATIC DIALING-ANNOUNCING DEVICES
10 Sec.
11 2931. Definitions.
12 2932. Automatic dialing-announcing devices.
13 2933. Agreement of consent to receive calls.
14 2934. Operation of device.
15 2935. Penalties.
16 2936. Injunctions.
1 § 2931. Definitions.
2 The following words and phrases when used in this subchapter
3 shall have the meanings given to them in this section unless the
4 context clearly indicates otherwise:
5 "Automatic dialing-announcing device." Any automatic
6 equipment which incorporates a storage capability of telephone
7 numbers to be called or a random or sequential number generator
8 capable of producing numbers to be called and the capability,
9 working alone or in conjunction with other equipment, to
10 disseminate a prerecorded message to the telephone number
11 called.
12 § 2932. Automatic dialing-announcing devices.
13 (a) General rule.--The connection of automatic dialing-
14 announcing devices to a telephone line is subject to the
15 provisions of this subchapter.
16 (b) Operation of automatic dialing-announcing devices.--No
17 person shall operate an automatic dialing-announcing device,
18 except in accordance with this subchapter. The use of an
19 automatic dialing-announcing device by any person, either
20 individually or acting as an officer, agent or employee of a
21 person or corporation operating automatic dialing-announcing
22 devices, is subject to this subchapter.
23 (c) Permitted hours of operation.--No person shall operate
24 an automatic dialing-announcing device in this Commonwealth to
25 place a call that is received by a telephone in this
26 Commonwealth during the hours between 9 p.m. and 8 a.m.
27 (d) Exceptions.--This subchapter does not prohibit the use
28 of an automatic dialing-announcing device by any person
29 exclusively on behalf of any of the following:
30 (1) A school for purposes of contacting parents or
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1 guardians of pupils regarding attendance.
2 (2) A privately owned or publicly owned public utility
3 for purposes of contacting employees for emergency actions or
4 repairs required for public safety or to restore services.
5 (3) A petroleum refinery, chemical processing plant or
6 nuclear power plant for purposes of advising residents,
7 public service agencies and the news media in its vicinity of
8 an actual or potential life-threatening emergency.
9 (e) Calls for public safety purposes.--This subchapter does
10 not prohibit law enforcement agencies, fire protection agencies,
11 public health agencies, public environmental health agencies,
12 city or county emergency services planning agencies or any
13 private for-profit agency from placing calls through automatic
14 dialing-announcing devices if those devices are used for any of
15 the following purposes:
16 (1) Providing public service information relating to
17 public safety.
18 (2) Providing information concerning police or fire
19 emergency.
20 (3) Providing warnings of impending or threatened
21 emergencies.
22 These calls shall not be subject to section 2934 (relating to
23 operation of device).
24 (f) Applicability.--This subchapter does not apply to an
25 automatic dialing-announcing device that is not used to randomly
26 or sequentially dial telephone numbers but that is used solely
27 to transmit a message to an established business associate,
28 customer or other person having an established relationship with
29 the person using the automatic dialing-announcing device to
30 transmit the message or to any call generated at the request of
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1 the recipient.
2 § 2933. Agreement of consent to receive calls.
3 Automatic dialing-announcing devices may be used to place
4 calls over telephone lines only pursuant to a prior agreement
5 between the persons involved, whereby the person called has
6 agreed that he or she consents to receive these calls from the
7 person calling, or as specified in section 2934 (relating to
8 operation of device).
9 § 2934. Operation of device.
10 (a) Initial announcement.--Whenever telephone calls are
11 placed through the use of an automatic dialing-announcing
12 device, the device may be operated only after an unrecorded,
13 natural voice announcement has been made to the person called by
14 the person calling. The announcement shall do all of the
15 following:
16 (1) State the nature of the call and the name, address
17 and telephone number of the business or organization being
18 represented, if any.
19 (2) Inquire as to whether the person called consents to
20 hear the prerecorded message of the person calling.
21 (b) Disconnection.--The calling person described in
22 subsection (a) shall disconnect the automatic dialing-announcing
23 device from the telephone line upon the termination of the call
24 by either the person calling or the person called.
25 § 2935. Penalties.
26 (a) General rule.--Any person violating this subchapter
27 shall be subject to either or both of the following penalties:
28 (1) A civil penalty of not more than $500 for each
29 violation.
30 (2) Disconnection of telephone service to the automatic
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1 dialing-announcing device for a period of time which shall be
2 specified by the court.
3 (b) Enforcement.--
4 (1) The Attorney General shall have the power and duty
5 to institute proceedings to recover the civil penalty
6 provided under subsection (a)(1) against any person liable to
7 the Commonwealth for the penalty.
8 (2) The Attorney General shall have the power and duty
9 to otherwise enforce the provisions of this subchapter and to
10 take such actions as may be necessary to ascertain and
11 investigate alleged violations of this subchapter.
12 § 2936. Injunctions.
13 The Attorney General may initiate in the Commonwealth Court
14 or the court of common pleas of the county in which the
15 defendant resides or has a place of business an action in equity
16 for an injunction to restrain any violation of this subchapter.
17 Section 2. This act shall take effect in 60 days.
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