48-1102. DEFINITIONS. In this chapter:

(1) "Adult entertainment pay-per-telephone call" means any pay-per-telephone call service that is of a sexually prurient nature. For the purpose of this section, sexually prurient is any comment, request, suggestion, proposal, image, or other communication that, in context, is obscene, lewd, lascivious, or indecent.

(2) "Information provider" means any person, company, or corporation that controls the content of a pay-per-telephone call service. Any telephone corporation which transmits pay-per-telephone call service but does not control the content of the information transmitted is not included within this definition.

(3) "Pay-per-telephone call service" means any telecommunications service which permits simultaneous calling by a number of callers to a single telephone number and for which the calling party is assessed, by virtue of completing the call, a charge that is not dependent on the existence of a presubscription or comparable agreement and for which the caller pays a per-call or per-time-interval charge that is greater than, or in addition to, the charge for transmission of the call.

(4) "Presubscription or comparable agreement" means an agreement to purchase any pay-per-telephone call service and is evidenced by:

(a) A written contractual agreement between an information provider and a legally competent person that is executed for the sole purpose of arranging purchase of pay-per-telephone call services and is separate or easily severable from any promotions or inducements, and in which:

(i) The information provider clearly and conspicuously discloses to the consumer all material terms and conditions associated with the use of the service, including the information provider’s name and address, a business telephone number which the company may use to obtain additional information or to register a complaint, and the rates of service;

(ii) The information provider agrees to notify the consumer at least one (1) billing cycle in advance of any future rate changes;

(iii) The consumer agrees to use the services on the terms and conditions disclosed by the information provider; and

(iv) The information provider requires the use of an identification number or other means to prevent unauthorized access to the service by the nonsubscribers; or

(b) Disclosure of a pre-existing credit, prepaid account, debit, charge, or calling card number, along with authorization to bill that number, provided that the card:

(i) Is subject to the dispute resolution procedures of the federal truth-in-lending and fair credit reporting acts;

(ii) Has, upon request or application, been delivered to the person to be billed prior to assessment of charges; and

(iii) Does not operate to assess charges through automatic number identification.

(5) "Telephone corporation" means any person or corporation that provides basic local exchange service or message telecommunication service.

History:

[48-1102, added 1992, ch. 29, sec. 1, p. 91; am. 1997, ch. 75, sec. 2, p. 156.]