Mont.Code Anno., § 30-14-1603
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.
(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 may not be considered a public record pursuant to Title 2,
chapter 6.
(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.
