30-14-1603. Department to provide for no-call list database — rules — inclusion of national database — database not public record — no cost to subscribers. (1) The department shall provide for the operation of a database containing a list of names and telephone numbers of residential subscribers who object to receiving telephone solicitations. A residential subscriber may be listed in the database without cost to the subscriber.

Terms Used In Montana Code 30-14-1603

  • Department: means the department of justice provided for in 2-15-2001. See Montana Code 30-14-1601
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Residential subscriber: means a person who has subscribed to residential telephone service from a local exchange company and the other persons living or residing with the person. See Montana Code 30-14-1601
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • subscription: includes the mark of a person who cannot write if the person's name is written near the mark by another person who also signs that person's own name as a witness. See Montana Code 1-1-203

(2)The department shall promulgate rules and regulations governing the state no-call database that are necessary and appropriate to fully implement the provisions of this part. The rules must include but are not limited to rules specifying:

(a)the methods by which each residential subscriber may give notice to the department or a contractor designated by the department of the residential subscriber’s objection to receiving telephone solicitations or the methods by which the residential subscriber may revoke the notice;

(b)the length of time for which a notice of objection is effective and the effect of a change of telephone number on the notice;

(c)the methods by which pertinent information may be collected and added to the no-call database;

(d)the methods for obtaining access to the no-call database by any person or entity desiring to make telephone solicitations if that person or entity is required to avoid calling the residential subscribers included in the no-call database;

(e)the cost to be assessed to a person or entity that is required to obtain access to the no-call database; and

(f)other matters relating to the no-call database that the department considers desirable.

(3)If the federal communications commission establishes a single national database of telephone numbers of residential subscribers who object to receiving telephone solicitations pursuant to 47 U.S.C. § 227(c)(3), the department shall include that part of the single national database that relates to Montana in the no-call database established pursuant to this section.

(4)Information contained in the no-call database established pursuant to this section may be used only for the purpose of compliance with 30-14-1602 and this section or in a proceeding or action pursuant to 30-14-1605. The information is confidential information as defined in 2-6-1002 and is protected from disclosure.

(5)In April, July, October, and January of each year, the department shall make a reasonable attempt to obtain subscription listings of residential subscribers in this state who have arranged to be included on any national no-call list and add those names to the state no-call list.