A CNGS or aggregator, or its representative, shall not while soliciting by telephone:

1. (a) Initiate any telephone call to any of the following:

   1. (1) An emergency telephone line, including any 911 line or any emergency line of a hospital, medical physician or service office, health care facility, poison control center, or fire protection or law enforcement agency;
   2. (2) The telephone line of any guest room or patient room of a hospital, health care facility, home for the elderly, or similar type of establishment;
   3. (3) A telephone number assigned to a paging service, specialized mobile radio service, or other radio common carrier service, or any other service for which the called party is charged for the call; or
   4. (4) A telephone number assigned to a cellular telephone service, unless the call is directly placed to the number and not initiated using an automatic telephone dialing system;
2. (b) Use any device to send an unsolicited advertisement to a telephone facsimile machine;
3. (c) Use a pre-recorded automated message to send unsolicited advertisements to potential customers;
4. (d) Initiate any telephone solicitation to a customer or potential customer before 8:00 a.m. or after 9:00 p.m. eastern time; or
5. (e) Initiate any telephone solicitation to a customer or potential customer before 11:00 a.m. or after 8:00 p.m. on Sunday or on any state or federal holiday.

Source. #7811, eff 12-28-02; ss by #9796-A, eff 9-25-10; ss by #12757, eff 6-1-19