77-3-457 - Application to connect automatic dialing-announcing device; penalties.

§ 77-3-457. Application to connect automatic dialing-announcing device; penalties.
 

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. 
 

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 not to exceed Five Hundred Dollars ($500.00) for each violation, levied and enforced by the Public Service Commission, on complaint or on its own motion. For purposes of this article "violation" means each call placed by an automatic dialing-announcing device connected contrary to the provisions of this article. 

(b) Disconnection of telephone service to the automatic dialing-announcing device for a period of time which shall be specified by the Public Service Commission. 
 

Sources: Laws,  1989, ch. 436, § 4, eff from and after July 1, 1989.