Section 1220-04-11-.01 - DEFINITIONS(1) "Affiliate" of a specific person means a person that directly, or indirectly through one (1) or more intermediaries, controls, or is controlled by, or is under common control with, the person specified.(2) "Commission" means the Tennessee Public Utility Commission.(3) "Business Telephone Subscriber" means a person or company who has subscribed to a business telephone service from a local exchange carrier.(4) "Caller identification service" or "caller ID" means telephone service or functionality that provides the telephone number and other identifying information of incoming communication.(5) "Database" means the information from which the Commission compiles the Do Not Call Register. The database shall be maintained by the Commission, or its designee, for the purpose of fulfilling the requirements of T.C.A. § 65-4-401.(6) "Do Not Call/Text Register" or "Register" means a list of telephone numbers of residential subscribers who have properly enrolled with the Commission or a Federal agency.(7) "Existing customer" includes a residential subscriber with whom the person or entity making a telephone solicitation has had a business relationship within the prior twelve (12) months.(8) "Local exchange companies," as used in this Chapter, include telecommunications service providers as defined in T.C.A. § 65-4- 101, as well as telephone cooperatives and cellular or other wireless telecommunications providers operating in Tennessee; provided, however, that those providers that have elected market regulation under T.C.A. § 65-5-109(l) are excluded from the jurisdiction of the Commission consistent with T.C.A. § 65-5-109(m) and (n).(9) "Parent" means a company owning more than fifty (50) percent of the voting shares, or otherwise a controlling interest, of another company.(10) "Residential Subscriber" means a person residing in Tennessee who has residential telephone service or a state government telephone subscriber.(11) "Subsidiary" means a corporation more than fifty percent (50%) of whose outstanding voting shares are owned by its parent and/or the parent's other subsidiaries.(12) "Telephone solicitor" means any natural person, firm, organization, partnership, association or corporation, or a parent, subsidiary or affiliate thereof, doing business in this state, who makes or causes to be made a telephone solicitation, including, but not limited to, calls or text messages made by use of automated dialing and announcing devices or by a live person.(a) "Registrant" means a Telephone solicitor who has submitted an application and properly enrolled with the Commission to be provided the Do Not Call Register.(b) "Principal Solicitor" means a Telephone solicitor that enters into agreements with Independent Solicitors as defined herein for the purposes of providing telephone solicitation.(c) "Independent Solicitor" means a Telephone solicitor, other than an affiliate, subsidiary or employee of a Registrant, who has entered into an agreement with one and only one Principal Solicitor, as defined herein, to perform telephone solicitation under the indirect supervision of the Principal Solicitor.(13) "Telephone solicitation" or "Solicitation" means any voice or text message communication over a telephone or technology that provides similar functionality, originating from Tennessee or elsewhere, for the purposes of encouraging the purchase or rental of, or investment in, property, goods, or services except as provided for below. "For the purposes of encouraging" includes any communication made with the intent that the communication will ultimately result in the purchase or rental of, or investment in, property, goods, or services. Such communications include, but are not limited to, communications to set appointments, interviews or consultations; to conduct a survey; or to offer a give-away. Telephone solicitation does not include:(a) Any communication to any residential subscriber with that subscriber's prior express permission;1. An offer to sell or rent a discrete piece of real or personal property does not constitute express permission except for the sole purpose of purchasing or renting the property or unless (2) below applies.2. The use of residential telephone service for the purpose of operating a business constitutes express permission for the purposes of these rules.(b) Any communication to a residential subscriber if such communication is made on behalf of a not-for-profit organization exempt from paying taxes under the Internal Revenue Code § 501(c), provided that a bona fide member of the exempt organization makes such communication;(c) Any communication to any residential subscriber who is an existing customer; or(d) Occasional and isolated communications to a residential subscriber provided all the following conditions are met:1. A direct employee of the business makes the communication;2. The communication is not made as part of a telecommunications marketing plan;3. The business has a reasonable belief that the specific person who is receiving the communication is considering purchasing the service or product sold or leased by the business and the communication is specifically directed to such person;4. The business does not sell or engage in telephone solicitations; and5. The business does not make more than three (3) such communications in any one (1) calendar week.Tenn. Comp. R. & Regs. 1220-04-11-.01
Original rule filed February 22, 2000; effective May 7, 2000. Amendment filed February 15, 2001; effective May 1, 2001. Administrative changes made to this chapter on April 27, 2018 pursuant to Public Chapter 94 of 2017; "Tennessee Regulatory Authority" references were changed to "Tennessee Public Utility Commission," "Authority" references were changed to "Commission," "Authority Director" references were changed to "Commissioner," and "Chief" references were changed to "Director." Amendments filed May 14, 2019; effective August 12, 2019. Amendments filed July 9, 2024; effective 10/7/2024.Authority: T.C.A. §§ 4-5-201, et seq., 47-18-1501, 47-18-1526, 65-2-102, 65-4-405, and 65-5-109.