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

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