C.R.S. 6-1-905
6-1-905. Establishment and operation of a Colorado no-call list
(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 web site 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 web site,
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 on-line 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 web site 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 web site, 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, on-line complaint system for residential
subscribers and wireless telephone service subscribers to report suspected violations over the internet web
site. The automated, on-line 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 web site 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.
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