4 CCR 723-2-2893 - Designated Agent's Responsibilities

(a) Implementation. The designated agent shall update the database on an ongoing basis with information provided by residential subscribers and wireless service subscribers and local exchange providers as required in these rules.

(b) Annual registration. The designated agent shall provide a means for on-line registration. The designated agent shall also accept payment by credit card, check, or money order for annual registration fees charged to any telephone solicitor that wishes to make telephone solicitations or otherwise access the database.

(c) No-call database. The designated agent shall provide the No-call List database to all telephone solicitors who properly register with the No-call List program.

(I) The designated agent shall make the data in the No-call List database available online at the No-call List designated website.

(II) The designated agent shall allow telephone solicitors to select and sort the data for downloading by zip code and telephone area code.

(III) The No-call List shall be made available to registered telephone solicitors as a downloadable extract file from the Colorado No-call List website. This extract file must meet, at a minimum, the following requirements:

(A) The file created shall be a standard ASCII text file. The file must be operating system and applications program independent.

(B) The file shall be generated using, at a minimum, a standard comma-delimited file format. At the discretion of the designated agent, other format options (tab-delimited, fixed-width, html, etc.) may also be provided to the registered telephone solicitor downloading the file.

(C) Registered telephone solicitors shall have the option to download the No-call List file using zip code or telephone area code as the sort and selection criteria.

(D) For each extract file created, a separate informational or "Readme", file shall also be generated. This file shall include at least the following information: general information about the No-call List extract file created; the date the extract file was created; the user defined selection and sort criteria used to create the extract file; the number of records included in the extract file; the file layout used; and information about all fields included within the file and how they are delimited.

(d) Use of existing data. Upon expiration of the designated agent's contract to operate and maintain the Colorado No-call List, the designated agent shall cooperate fully in the transfer of operations to any new designated agent selected by the Commission so that the No-call List program continues without interruption. Such cooperation shall include providing the new designated agent with the current No-call List in an electronic format such that the new designated agent can use the list immediately.

(e) Record maintenance. The designated agent shall maintain electronically the current business name, business address, e-mail address (if available), and telephone number of each person or entity registering to make telephone solicitations or otherwise accessing the No-call List. This information must be updated when changes occur.

(f) Toll free telephone number. The designated agent shall pay for and maintain a toll free statewide telephone number for use to register for the No-call list and to file complaints.

(g) Notice of objection. The designated agent shall provide the means by which each residential subscriber or wireless service subscriber of telephone service may give notice of objection to receiving telephone solicitations. The designated agent is required to provide two methods by which subscribers can provide notice of objection to receiving telephone solicitations:

(I) By entering the area code, phone number and zip code of the subscriber directly into the database using an Internet application housed on the designated website.

(II) By entering the area code, phone number and zip code of the subscriber directly into the database using the designated statewide toll free telephone number.

(h) Revocation of notice. The designated agent shall provide means by which each residential subscriber or wireless service subscriber of telephone service may revoke its No-call list registration. The designated agent is required to provide two means by which residential subscribers can revoke the registration.

(I) By entering the area code, phone number, and zip code of the subscriber directly into the database using an Internet application housed on the designated website.

(II) By entering the area code, phone number, and zip code of the subscriber directly into the database using the designated statewide toll free telephone number.

(i) Transaction dates. The designated agent must record and maintain the date of each transaction identified in paragraphs (g) and (h).

(j) No-call List updates. No later than the 10th day of every calendar quarter (i.e., January 10, April 10, July 10, and October 10) the designated agent shall electronically update the Colorado No-call List to include any additions, deletions, changes, and modifications made to the Colorado No-call List by residential and wireless telephone service subscribers. No later than the 10th day of every calendar quarter the designated agent shall remove all telephone numbers from the No-call List that have been disconnected or reassigned within the previous calendar quarter.

(k) Information requirements.

(I) The designated agent shall submit quarterly to the Commission the following information in order for the Commission to accurately adjust the registration fees. The information shall be submitted no later than 30 days after the end of the quarter. The Commission will determine the exact format of this report which shall include:

(A) Revenues from registration fees for the previous quarter;

(B) Capital investment purchased for use in No-call List activities during the previous quarter;

(C) Operating expenses related to the administration of the No-call List for the previous quarter; and

(D) Such other information as the Commission shall request for purposes of determining the annual registration fees.

(l) Information distribution. Neither the designated agent nor any person or entity collecting information to be transmitted to the designated agent shall use or distribute subscriber information included in the No-call List except as expressly authorized by the Commission or by the No-call List Act.

(m) Complaint system.

(I) The designated agent shall maintain an automated, on-line complaint system and a toll free statewide telephone complaint system for residential subscribers to report suspected violations of § 6-1-904, C.R.S.

(A) The on-line complaint system shall be a web-based system and shall have the capability to electronically collect, sort, and report suspected violations to the Colorado Attorney General.

(B) The telephone complaint system shall be a toll free statewide telephone number and the complaint information shall ultimately be transformed into an electronic format by the designated agent in order for the suspected violation to be sent to the Colorado Attorney General.

(II) The designated agent shall collect from the complainant the following information: the complainant's name, address, telephone number, the date and time of the call, the name of the telemarketer, and the product or service being marketed. The designated agent shall collect such other information requested by the Colorado Attorney General upon approval by the Commission.

(n) Federal No-call List program. The designated agent shall receive from and provide to the Federal Trade Commission (FTC) all No-call list data, if so directed by the Commission.

(o) Help line. The designated agent shall provide mechanisms on both its website and its statewide toll free telephone number to assist residential subscribers in placing their telephone number and zip code on the Colorado No-call List.

Notes

4 CCR 723-2-2893

39 CR 21, November 10, 2016, effective 12/1/2016 40 CR 15, August 10, 2017, effective 9/1/2017 41 CR 03, February 10, 2018, effective 3/2/2018 42 CR 02, January 25, 2019, effective 2/14/2019 42 CR 07, April 10, 2019, effective 4/30/2019 43 CR 02, January 25, 2020, effective 2/14/2020 43 CR 17, September 10, 2020, effective 8/17/2020 44 CR 17, September 10, 2021, effective 8/11/2021 44 CR 18, September 25, 2021, effective 10/15/2021 45 CR 03, February 10, 2022, effective 12/29/2021 45 CR 01, January 10, 2022, effective 1/30/2022 46 CR 05, March 10, 2023, effective 3/30/2023