[Code of Federal Regulations]
[Title 47, Volume 3]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR68.318]

[Page 387-388]
 
                       TITLE 47--TELECOMMUNICATION
 
        CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED)
 
PART 68_CONNECTION OF TERMINAL EQUIPMENT TO THE TELEPHONE NETWORK--Table 
of Contents
 
          Subpart D_Conditions for Terminal Equipment Approval
 
Sec. 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

[[Page 388]]

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 Sec. 64.708 of this 
chapter (47 CFR 64.708).

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