Page:United States Statutes at Large Volume 105 Part 3.djvu/514

 105 STAT. 2398 PUBLIC LAW 102-243—DEC. 20, 1991 in accordance with regulations established under this paragraph, that such subscriber objects to receiving telephone solicitations; "(C) specify the methods by which each telephone subscriber shall be informed, by the common carrier that provides local exchange service to that subscriber, of (i) the subscriber's right to give or revoke a notification of an objection under subparagraph (A), and (ii) the methods by which such right may be exercised by the subscriber; "(D) specify the methods by which such objections shall be collected and added to the database; "(E) prohibit any residential subscriber from being charged for giving or revoking such notification or for being included in a database compiled under this section; "(F) prohibit any person from making or transmitting a telephone solicitation to the telephone number of any subscriber included in such database; "(G) specify (i) the methods by which any person desiring to make or transmit telephone solicitations will obtain access to the database, by area code or local exchange prefix, as required to avoid calling the telephone numbers of subscribers included in such database; and (ii) the costs to be recovered from such persons; "(H) specify the methods for recovering, from persons accessing such database, the costs involved in identifying, collecting, updating, disseminating, and selling, and other activities relating to, the operations of the database that are incurred by the entities carrying out those activities; "(I) specify the frequency with which such database will be updated and specify the method by which such updating will take effect for purposes of compliance with the regulations prescribed under this subsection; "(J) be designed to enable States to use the database mechanism selected by the (Commission for purposes of administering or enforcing State law; "(K) prohibit the use of such database for any purpose other than compliance with the requirements of this section and any such State law and specify methods for protection of the privacy rights of persons whose numbers are included in such database; and "(L) require each common carrier providing services to any person for the purpose of making telephone solicitations to notify such person of the requirements of this section and the regulations thereunder. "(4) CONSIDERATIONS REQUIRED FOR USE OF DATABASE METHOD.— I f the (Dommission determines to require the database mechanism described in paragraph (3), the Commission shall— "(A) in developing procedures for gaining access to the database, consider the different needs of telemarketers conducting business on a national, regional, State, or local level; "(B) develop a fee schedule or price structure for recouping the cost of such database that recognizes such dif- ferences and— "(i) reflect the relative costs of providing a national, regional, State, or local list of phone numbers of

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