(1) The
Colorado no-call list program is hereby created for the purpose of establishing a
database to use when verifying residential subscribers and wireless telephone
service subscribers in this state who have given notice, in accordance with rules
promulgated under paragraph (b) of subsection (3) of this section, of such
subscribers' objection to receiving telephone solicitations. The program shall be
administered by the public utilities commission.
(2) Not later than January 1, 2002, the public utilities commission shall
contract with a designated agent, which shall maintain the website and database
containing the Colorado no-call list. If no more than one entity bids on the contract,
the public utilities commission may award, at its discretion, such contract.
(3) (a) Not later than July 1, 2002, the designated agent, using the designated
state internet website, shall develop and maintain the Colorado no-call list
database with information provided by residential subscribers and, as soon as
practicable after March 25, 2003, shall include information provided by wireless
telephone service subscribers.
(b) The public utilities commission shall establish, by rule, guidelines for the
designated agent for the development and maintenance of the Colorado no-call list
so that the no-call list can easily be accessed by persons or entities desiring to
make telephone solicitations, and by state and local law enforcement agencies. As
soon as practicable after March 25, 2003, the public utilities commission shall
promulgate rules that:
(I) Specify that there shall be no cost for a residential subscriber or wireless
telephone service subscriber to provide notification to the designated agent that
such subscriber objects to receiving telephone solicitations;
(II) Specify that there shall be an annual registration fee of not more than
five hundred dollars for persons or entities that wish to make telephone
solicitations or otherwise access the database of telephone numbers and zip codes
contained in the Colorado no-call list database. The public utilities commission shall
determine such fee on a sliding scale so that persons or entities with fewer than
five employees shall pay no fee. In addition, there shall be no fee charged to
conforming list brokers or nonprofit corporations, as defined in section 7-121-401
(26), C.R.S. The maximum fee shall be charged only to persons or entities with more
than one thousand employees. Moneys collected from such fees shall cover the
direct and indirect costs related to the creation and operation of the Colorado no-call list. Moneys from such fees shall be collected by and paid directly to the
designated agent. The public utilities commission shall have the authority to
annually adjust the fees below the stated maximum based on revenue history of the
fees received by the designated agent. The designated agent shall provide means
for online registration and credit card payment of fees charged pursuant to this
subparagraph (II). Each such person or entity shall provide a current business name,
business address, email address if available, and telephone number when initially
registering for the no-call list. This information shall be updated when changes
occur.
(III) Specify that the method by which each residential subscriber and
wireless telephone service subscriber may give notice to the designated agent of
his or her objection to receiving such solicitations, or may revoke such notice, shall
be exclusively by entering the area code, phone number, and zip code of the
subscriber directly into the database via the designated state internet website or by
using a touch-tone phone to enter the area code, phone number, and zip code of the
subscriber via a designated statewide, toll-free telephone number maintained by
the designated agent as a part of the Colorado no-call list;
(IV) Specify that the date of every notice received in accordance with
subparagraph (III) of this paragraph (b) be recorded and included as part of the
information in the no-call list;
(V) Require the designated agent to provide updated information about the
Colorado no-call list program on the designated state website, subject to
supervision by the public utilities commission;
(VI) Prohibit the designated agent or any person or entity collecting
information to be transmitted to the designated agent from making any use or
distribution of subscriber information contained in the no-call list except as
expressly authorized under this part 9;
(VII) Specify the methods by which additions, deletions, changes, and
modifications shall be made to the Colorado no-call list database and how updates
of the database shall be made available to persons or entities desiring such
updates. Such methods shall include provisions to remove from the Colorado no-call list, on at least an annual basis, any telephone number that has been
disconnected or reassigned.
(VIII) Require the designated agent to maintain an automated, online
complaint system for residential subscribers and wireless telephone service
subscribers to report suspected violations over the internet website. The
automated, online complaint system shall have the capability to collect, sort, and
report suspected violations to the appropriate state enforcement agency
electronically for enforcement purposes.
(IX) Specify that the no-call list shall be available on line at the Colorado no-call list website to a person or entity desiring to make telephone solicitations if the
person or entity has registered in accordance with the provisions of subparagraph
(II) of this paragraph (b). The list shall be available in a text or other compatible
format, at the discretion of the public utilities commission, but shall allow
telephone solicitors to select and sort by specific zip codes and telephone area
codes. Telephone solicitors and conforming list brokers shall not receive additional
compensation for distributing the Colorado no-call list, but are encouraged to
freely distribute the Colorado no-call list at no cost.
(X) Specify such other matters relating to the database as the public utilities
commission deems necessary or desirable.
(c) If the federal government establishes one or more official databases of
residential or wireless telephone service subscribers who object to receiving
telephone solicitations, the designated agent is authorized to provide appropriate
data from the official Colorado no-call list exclusively for inclusion in an official,
national do-not-call database. To the extent allowed by federal law, the designated
agent shall ensure that the Colorado no-call list includes that portion of an official
national do-not-call database that relates to Colorado.
(4) The state shall not be liable to any person for gathering, managing, or
using information in the Colorado no-call list database pursuant to this part 9 and
for enforcing the provisions of this part 9.
(5) The designated agent shall not be liable to any person for performing its
duties under this part 9 unless, and only to the extent that, the designated agent
commits a willful and wanton act or omission.
(6) As soon as practicable after March 25, 2003, the designated agent shall
update the database, on an ongoing basis, with information provided by residential
subscribers, wireless telephone service subscribers, and local exchange providers.
(7) No person shall place the telephone number of another person on the
Colorado no-call list without the authorization of the person to whom the number is
assigned.
(8) Repealed.