Proposed Error Rate

Pub. Util. C. § 2875.5 states:

(a) On and after July 1, 2002, no person operating any automatic equipment that incorporates a storage capability of telephone numbers to be called or a random or sequential number generator capable of producing numbers to be called may make a telephone connection for which no person, acting as an agent or telemarketer, is available for the person called.

(b) Notwithstanding subdivision (a), the commission shall establish an acceptable error rate for telephone connections made in violation of subdivision (a). The commission shall determine the error rate, if any, before July 1, 2002.

(c) The commission may require any person operating equipment as described in subdivision (a) to maintain records of telephone connections made for which no person, acting as an agent or telemarketer, is available for the person called. The commission may require copies of those records to be submitted to the commission.

It is clear from paragraph (a) that the overriding intention of the legislation is to implement a prohibition on the use of specified types of automatic dialers to "make a connection for which no person, acting as an agent or telemarketer, is available for the person called." With such a complete prohibition in place, the legislation then goes on to direct this Commission to establish an acceptable error rate for connections made in violation of this prohibition.

Given the nature of the public concerns which this legislation was intended to address, the prevalence of "hang up" calls and the nuisance (at best) or fearful apprehension (at worst) that the called party experiences, it is very difficult to even contemplate what an acceptable "error rate" might be. Even small percentages of "errors" could well lead to thousands of Californians being pulled away from something critical, being concerned that their home is being checked out by a potential burglar, or having their privacy and desired solitude disturbed.

There are many ways in which our daily lives are rudely disturbed. AB 870 seems a reasonable and achievable way to eliminate one of them. For this reason, the proposal that we suggest for consideration is that the allowable error rate for automatic dialers within the scope of this legislation is zero - the dialers should not be used in such a fashion as to allow connections to occur without a "person, acting as an agent or telemarketer" being available for the person called.

Comments are requested on the proposal to have an acceptable error rate that is zero. Comments will be due by March 14, 2002. Reply comments will be due on March 25, 2002.