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TABLE OF CONTENTS
DEFINITIONS
"Customer": Enters into a contract with AT&T for
MultiQuest Premium Billing Services. A Customer may be a Service Bureau
or an Information Provider. There is only one AT&T Customer for each
pay-per-call program.
"Information Provider" ("IP" or "Provider"):
Provides the substance of the pay-per-call service.
"Service Bureau" ("SB"): Provides facilities,
equipment or other services used by the Information Provider.
“Local Exchange Carrier” (“LEC”): Provider of billing and collections
services on behalf of AT&T
OVERVIEW
This document sets forth guidelines for programs that use MultiQuest
Premium Billing Services, including AT&T MultiQuest Interacter, MultiQuest
HICAP, MultiQuest Vari-A-Bill and/or MultiQuest Express900. These guidelines
are for general informational purposes and are intended only as a reference.
Programs that meet these guidelines are not automatically eligible for
MultiQuest Billing Services.
These Guidelines are minimum standards that a Customer
must meet before AT&T will agree to provide Billing Services for any
program, and do not constitute legal advice. Customers are solely responsible
for the content of their programs. Customers, Information Providers and
Service Bureaus must consult their own attorneys regarding the legality
of their programs.
AT&T’s only obligations in connection with any pay-per-call program
are to its Customer under a signed MultiQuest Premium Billing Services
Agreement. AT&T has no obligations to any Information Provider or
Service Bureau that has not signed a MultiQuest Premium Billing Services
Agreement.
AT&T RESERVES THE RIGHT TO:
1. Modify these Guidelines at any time. Such modification may
include a decision to refrain from providing billing services for any
category or type of program described in these Guidelines.
2. Consider factors not specifically identified in these Guidelines
in determining whether to provide billing services for any program.
3. Impose conditions, not specifically identified in these Guidelines,
on billing services for any program. (e.g., on some categories of programs
AT&T does not require the customer to initially submit its advertising
for review, however, AT&T may require submission of such advertising
at a later date if questions arise).
I. GENERAL REQUIREMENTS
1.The Customer shall comply with applicable federal and state laws and
regulations, including, but not limited to the following:
- Telephone Disclosure and Dispute Resolution Act (P.L. 102-556, 106
Stat. 418, approved October 28, 1992)
- Federal Trade Commission ("FTC") (16 CFR _ 308.1 et
seq.) (65.8k pdf)
FEDERAL TRADE COMMISSION - PUBLIC REFERENCE BRANCH
6TH STREET AND PENNSYLVANIA AVENUE – NORTHWEST
ROOM 130 WASHINGTON, DC 20580
PHONE: (202) 326-2222 - REQUEST FTC FILE #R311001, 900 PAY PER CALL
- Federal Communications Commission ("FCC") (47 CFR 64.1501,
et. seq.) (5.85k pdf) INTERNATIONAL TRANSCRIPT SERVICE
2100 M STREET, NORTHWEST
WASHINGTON, DC 20037
PHONE: (202) 857-3800
** THE FCC MAY CHARGE A FEE FOR THIS INFORMATION.
- PUC Regulations
2. For all programs, AT&T reserves the right to request the
Customer to submit the proposed
- Preamble
- Program Script
- Advertising
- Internet address for web based applications or printed copies of
website
- AT&T reserves the right to request original letters of authorization
or releases from companies or individuals mentioned in the program or
advertising.
3. All Customers must submit to AT&T the following information
regarding the Information Provider:
- Contact Name
- Contact Telephone Number
- Address (P.O. Box Not Acceptable)
- Customer Service Telephone Number
- Principal's Name
4. Customers must inform AT&T of any proposed transfer or assignment
of a program from one Information Provider to another, and AT&T reserves
the right to refuse to accept any such transfer or assignment.
5. The Customer must provide a descriptive name for each program of
up to 10 characters that will appear on the caller's bill. Failure to
provide such a name may result in AT&T's assigning a descriptor of
its own choice. AT&T reserves the right to modify or change the bill
descriptor at its discretion.
6. Once AT&T has released a presale, AT&T reserves the right
to request the customer to submit to AT&T any changes to:
- Preamble
- Program Script
- Advertising
- Website
7. A 900 number may not exceed the following price points, $50.00
for the initial rate period and $10.00 for each additional rate period.
Flat fees that are in excess of $50.00 will be reviewed by AT&T on
an individual case basis
8. Programs must meet state program requirements where applicable
or customers must block access to programs in those states that prohibit
the type of program offered by customer.
9. No video conferencing or videophones may be used in connection
with any 900 program without the express written consent of AT&T.
10. Web Applications must be priced at a flat, per call
rate. Usage based charges will not be accepted. The maximum per call
rate can not exceed $25.00.
ADVERTISING
1. Disclose all material conditions for the purchase in such a
manner that the general public may correctly understand the nature of
the program and its associated charges.
2. Comply in full with applicable federal and state laws prohibiting
unfair, false, deceptive, and misleading advertising and trade practices.
3. Contain the Information Provider's name and city and state
of business, or name and service telephone number (this number cannot
be a 900 number).
4. In the state of California, when advertising solicits a caller
to a telephone number other than a 900 number including but not limited
to a 800 number, and when the caller who calls the other number will be
referred to a 900 number, the initial advertising must disclose that a
referral will be made and the cost to the caller for calling the 900 number.
PREAMBLES
1. For all programs requiring a preamble, the customer must purchase
the caller free time option available under AT&T Tariff.
2. If a touch-tone phone is required for the caller to access
the program, the preamble must disclose that fact.
II. AT&T RESTRICTIONS
AT&T will not provide Premium Billing for any program whose message
content or promotional materials contain, in words or visual images, the
following:
1. Vulgar language, explicit or implicit descriptions of violence
or sexual conduct, adult entertainment, or incitement to violence.
2. Inflammatory or demeaning portrayals of any individual’s or
group’s race, religion, political affiliation, ethnicity, gender, sexual
preference, or handicap.
3. Criticism or disparagement of the general use of telecommunications
or computer products and services.
4. Material that is unlawful, or that is so controversial that
its controversial nature outweighs the value of the program.
5. Group Access Bridge (GAB) lines, chat lines, or other live
group interaction programs, where the sole purpose is for two or more
callers to pay for 900 call simultaneously to interact with one another
for social or entertainment reasons (excluding certain Conference Lines,
See Conference Line Section.)
6. Multi-level marketing or “pyramid” schemes (generally defined
as programs where purchasers of goods, property or services are compensated
in the form of rebates, commissions or payments when they induce other
persons to participate in the program).
7. Promotion or advertisement by means of recorded or live outbound
telemarketing or automatic dialing equipment (autodialers). This includes,
but is not limited to, programs that use outbound telemarketing to advertise
an 800 number that, when dialed, refers callers to a 900 number. AT&T
may permit live outbound telemarketing for fundraising programs on a case-by-case
basis.
Additionally, AT&T will not provide Premium Billing for any programs:
8. Where a caller is required to dial more than one 900 telephone
number in order to obtain service.
9. Where the Customer refuses to provide AT&T with the name,
address, and customer telephone number of the Information Provider.
10. Where two or more Information Providers advertise or
utilize extensions of a 900 number assigned to Customer.
11. Found to be in non-compliance with AT&T’s Guidelines.
AT&T may terminate billing services immediately and may refuse to
provide billing services for any new programs submitted by the Service
Bureau or run by the Information Provider.
12. Customers may not route calls to voice mailboxes or
any telecommunications equipment or arrangements which allow charging
to begin before the caller realizes any value on the call, e.g., Automatic
Call Distribution (ACD) with call queuing, or Caller Hold.
13. Advertisements and/or customer literature, for a customer’s
program, may not use any trademark, service mark, or logo of AT&T,
nor indicate that AT&T endorses, authorizes, approves, or is associated
with the program in any way, without AT&T’s express written permission.
14. Any program that offers “free time” as a promotion or
a part of any service offer, an audible tone will be clearly sounded to
alert the end user of the conclusion of the “free time” period.
15. “Free time” may not be rebated back to the end user
as part of any other offer or as part of another call to the same service.
16. No advertisement, promotional materials, preamble or
program content for any program offering "free-time" may characterize
the available free time as any more than the actual amount of free time
available in a single call. For example, it would be a violation of this
Guideline to advertise "8 minutes free" when in fact only 2
minutes free are available on any one call and the caller must make 4
calls to get the full 8 minutes. No disclaimer explaining such an offer
shall be sufficient to bring such offer into compliance.
III. LOCAL EXCHANGE CARRIER (LEC) RESTRICTIONS
1. All LECs reserve the right to terminate a program at anytime.
AT&T may dispute the cancellation on a case by case basis. Billing
of the program may be suspended during the resolution of the dispute.
2. All rules and regulation are subject to change as individual
LEC rules are revised.
IV. AT&T VARI-A-BILLsm SERVICE GUIDELINES
VARI-A-BILLsm Service is a feature of AT&T MultiQuest
Interactive Service.
The following guidelines apply in addition to the foregoing guidelines
for
AT&T MultiQuest Billing Service.
1. Vari-A-Bill Service program preambles must also include an
additional statement specifying that the caller may be offered options
that could change the cost of the call to another caller rate. The range
of rates, which may be charged, must be disclosed.
2. Advertising must include a conspicuous statement that the caller
may be offered options that could change the cost of the call to another
caller rate. The range of rates, which may be charged, must be disclosed.
3. Customers will describe in writing to AT&T how they will
verify caller acceptance of the negotiated charge and/or caller rate.
In case of dispute, the Customer's record of caller acceptance of a rate
change must be made available within 48 hours (2 business days) of AT&T's
request for this information. The Customer must maintain records of Vari-A-Bill
Service calls for 12 months. AT&T reserves the right to offer the
caller adjustments at AT&T's discretion.
4. The Customer shall ensure that the Customer Premises Equipment
terminating the ISDN PRI (TR 41449//TR41459) facility has passed AT&T's
ISDN Compatibility Test Program including compliance with appendix 5 to
TR 41459.
5. Psychic and Astrology type applications are restricted from
using Vari-A-Bill.
V. PROGRAM SPECIFIC REQUIREMENTS
The following requirements apply in addition to those set forth in sections
I, II and III.
CHILDREN'S PROGRAMS
INCLUDES ANY PROGRAM WHOSE MESSAGE CONTENT OR PROMOTION IS DIRECTED
AT CHILDREN UNDER 18 YEARS OF AGE.
1. Customer must provide:
- Preamble
- Program Script
- Advertisement
2. Charges must be CAPPED AT $4.00 per call.
3. Customers specifically agree to any and all adjustments by
AT&T to callers requesting refunds.
4. Children may not be asked to make a recorded or live statement
that includes their names, addresses, or telephone numbers, or other identifying
information.
5. A children's program may not require an additional purchase
or the viewing of a television program (free or pay) for the complete
message to be received.
6. For all calls to a 900 number which originate and terminate
in the state of California:
- Maximum price of $2.00 per minute and $4.00 per call.
- The preamble must state that the cost of the call will appear on
the parents phone bill.
The following requirements apply in addition to those set forth in sections
I, II and III.
CONFERENCE LINES
INCLUDES LIVE, INTERACTIVE PROGRAMS WHERE THE PURPOSE OF THE CALL IS
LIMITED TO GOVERNMENT, BUSINESS, PROFESSIONAL, and EDUCATIONAL INFORMATION
AND ENTERTAINMENT.
1. Customer must provide:
2. The program must be limited to a specified period of time.
3. The program must be led by a moderator from Service Bureau
or Information Provider with a specific agenda.
4. If the conference line is entertainment in nature, Customers
must block calls in the following LEC territories:
Bell Atlantic South
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Delaware
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New Jersey
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Virginia
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Washington DC
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Maryland
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Pennsylvania
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West Virginia
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BellSouth
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Alabama
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Kentucky
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Mississippi
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South Carolina
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Florida
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Louisiana
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North Carolina
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Tennessee
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Georgia
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Centel
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Florida
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Nevada
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Texas
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Virginia
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Illinois
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North Carolina
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Southwestern Bell
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Arkansas
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Missouri
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Oklahoma
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Texas
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Kansas
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5. If the Conference line is non-sports-related entertainment
in nature, Customer must block calls billed in the following LEC territories:
Sprint/United
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Florida
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Nebraska
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Oregon
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Virginia
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Indiana
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Nevada
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Pennsylvania
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Washington
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Kansas
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New Jersey
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South Carolina
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Wyoming
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Minnesota
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North Carolina
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Texas
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Missouri
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Ohio
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Tennessee
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The following requirements apply in addition to those set forth in
sections I, II and III.
FINANCIAL INFORMATION
PROGRAMS WHICH OFFER FINANCIAL INFORMATION OR INFORMATION ON HOW CALLERS
CAN OBTAIN CREDIT, CREDIT COUNSELING, CREDIT REPAIR INFORMATION, CREDIT
REPORTS, BAD DEBT AVOIDANCE, AND LOAN INFORMATION.
1. Customer must provide:
- Preamble
- Program Script
- Advertisement
2. Charges must be CAPPED AT $20.00 per call.
3. Advertising must clearly and conspicuously disclose all conditions
on the availability of credit.
4. Customers specifically agree to any and all adjustments by
AT&T to callers requesting refunds.
5. Customers must block in states that have in effect credit services
statutes that generally prohibit the offering of such programs unless
the offer is registered, bonded and provides services under written contract
with each customer. Some states also impose consumer disclosure requirements.
Customers must consult their own attorneys regarding specific requirements
for each state. At least (31) states may have some or all of these requirements.
These 31 states are:
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Arizona
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Indiana
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Missouri
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Tennessee
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Arkansas
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Iowa
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Minnesota
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Texas
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California
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Kansas
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Nevada
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Utah
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Connecticut
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Louisiana
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New Hampshire
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Virginia
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Colorado
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Maine
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New York
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Washington
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Delaware
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Maryland
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Nebraska
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Washington DC
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Florida
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Massachusetts
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North Carolina
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West Virginia
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Illinois
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Michigan
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Oklahoma
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6. Compliance may also be demonstrated and blocking will not be
required, if Customer is a bank or an agent of a bank. A bank must provide
a copy of its charter(s) authorizing it to do business in the state(s)
in which the program will be offered. An agent of a bank must provide
a copy of the bank's charter and an original letter from the bank specifically
endorsing the Customer's 900 services credit program covered by each presale
application.
7. Fulfillment guidelines also apply when the advertised offering
is not provided during the call.
The following requirements apply in addition to those set forth in sections
I, II and III.
FULFILLMENT
PROGRAMS WHERE THE PREDOMINANT PURPOSE OF THE CALL IS TO PROVIDE VALUE-ADDED
INFORMATION, WITH A SUPPLEMENTAL MAILED ITEM SENT FREE OF CHARGE TO THE
CALLER AFTER THE COMPLETION OF THE CALL.
1. Customer must provide:
- Preamble
- Program Script
- Description of Fulfillment Items
2. Charges must be CAPPED AT $20.00 per call.
3. Customers specifically agree to any and all adjustments by
AT&T to all callers requesting refunds.
4. The advertising and program script must contain an 800 number
or business name and full address for callers to obtain additional information
or to follow-up on items not yet received.
5. Callers must be informed of approximate time for receiving
fulfillment items.
6. No Fulfillment application may be used as a means of billing
and collecting the purchase price of tangible products.
7. Customer must block states in territories where LECs refuse
to provide billing services. Examples of some blocking requirements
are:
- If tangible item is duplicative of substance provided during call
blocking is not necessary
- If tangible item is not duplicative of substance provided in the
call or has more than a negligible value, Customer must block calls
from the following LEC territories:
Ameritech
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Illinois
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Michigan
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Ohio
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Wisconsin
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Indiana
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Bell Atlantic North
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Connecticut
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Massachusetts
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New York
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Vermont
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Maine
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New Hampshire
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Rhode Island
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Bell Atlantic South
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Delaware
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New Jersey
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Virginia
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Washington DC
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Maryland
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Pennsylvania
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West Virginia
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BellSouth
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Alabama
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Kentucky
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Mississippi
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South Carolina
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Florida
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Louisiana
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North Carolina
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Tennessee
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Georgia
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Southwestern Bell
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Arkansas
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Missouri
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Oklahoma
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Texas
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Kansas
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Pacific Bell
US West
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Arizona
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Minnesota
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North Dakota
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Washington
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Colorado
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Montana
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Oregon
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Wyoming
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Idaho
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Nebraska
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South Dakota
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Iowa
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New Mexico
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Utah
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The following requirements apply in addition to those set forth in sections
I, II and III.
FUNDRAISING
INCLUDES ANY PROGRAM THAT SOLICITS FUNDS FOR CHARITABLE, NON-PROFIT,
OR POLITICAL ORGANIZATIONS.
Solicitation and Commercial Programs
Solicitation: Any program where contributions are explicitly solicited
for a charity or non-profit organization. Solicitation programs are these
that merely thank the caller for the donation and do not provide additional
information.
Commercial: Any program which seeks a donation for a commercial enterprise.
Commercial and charity programs which provide value on the call and the
opportunity to donate.
1. Customer must provide:
- Preamble
- Program Script
- Advertisement
- Original Written Certification and Proof of Tax Exempt Status from
Organization (See #4)
- Proof of registration as a charity with Attorney General (Illinois
Only)
2. If the Solicitation Program runs in Illinois, the Customer
or Information Provider must provide proof that it has registered as a
charity with the Illinois Attorney General.
3. Customer specifically agrees to any and all adjustments by
AT&T to all callers requesting refunds.
4. For Solicitations and for Commercial Programs in which there
is an opportunity to make a charitable donation, the Customer or Information
Provider must provide a written certification from the Organization confirming
representation on its letterhead that it is tax exempt and fully authorized
to make solicitation. Attached to the written certification must be a
copy of the Organization's proof that the Internal Revenue Service has
granted the Organization tax-exempt status.
5. Customer must block calls from the following LEC territories
for Solicitation and Commercial Programs:
BellSouth
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Alabama
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Kentucky
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Mississippi
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South Carolina
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Florida
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Louisiana
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North Carolina
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Tennessee
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Georgia
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US West
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Arizona
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Minnesota
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North Dakota
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Utah
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Colorado
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Montana
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Oregon
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Washington
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Idaho
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Nebraska
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South Dakota
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Wyoming
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Iowa
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New Mexico
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6. All portions of the charges that are remitted to a charitable
organization must be stated clearly in the program and the charitable
organization must be identified in both the program and on the advertisement.
Political Programs
INCLUDES BOTH SOLICITATION AND INFORMATIONAL POLITICAL PROGRAMS SPONSORED
BY POLITICAL CANDIDATES OR COMMITTEES. IF ALL OR A PORTION OF THE BILLED
CHARGES FOR A PROGRAM WILL BE REMITTED TO A POLITICAL CANDIDATE OR COMMITTEE
FOR FEDERAL OFFICE, THE FOLLOWING GUIDELINES MUST BE MET.
1. Customer must provide:
- Preamble
- Program Script
- Original Representation and Warranty Letter (See #6)
2. Customer of record must be a Service Bureau.
3. The program script and the promotional materials should clearly
state that a portion of the charges will be remitted to a political organization.
4. The program script and advertising must identify the political
organization
5. A message should be included at the beginning of the program
identifying the person who has authorized and paid for the program, and
stating that a contribution to the political organization is not tax deductible.
6. The Information Provider must submit a representation and warranty
letter representing and confirming that:
a) The Information Provider shall comply with all applicable federal,
state and local laws.
AND
b) The Information Provider shall indemnify AT&T for any claims
against AT&T regarding the program.
7. Customer must block calls from the following LEC territories:
Ameritech
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Illinois
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Michigan
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Ohio
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Wisconsin
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Indiana
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Bell Atlantic North
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Connecticut
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Massachusetts
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New York
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Vermont
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Maine
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New Hampshire
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Rhode Island
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Bell Atlantic South
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Delaware
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New Jersey
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Virginia
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Washington DC
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Maryland
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Pennsylvania
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West Virginia
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BellSouth
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Alabama
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Kentucky
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Mississippi
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South Carolina
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Florida
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Louisiana
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North Carolina
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Tennessee
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Georgia
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Southwestern Bell
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Arkansas
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Missouri
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Oklahoma
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Texas
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Kansas
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Pacific Bell
US West
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Arizona
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Minnesota
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North Dakota
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Washington
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Colorado
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Montana
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Oregon
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Wyoming
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Idaho
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Nebraska
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South Dakota
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Iowa
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New Mexico
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Utah
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8. For programs in which advertising may stimulate telephone calls
from outside the United States (e.g., candidates in states along the Mexican
or Canadian border), the political organization treasurer must agree to
Numbering Plan of America (NPA) blocking for area codes in those countries.
9. The political organization treasurer will identify and record all
contributions from individuals and/or organizations that have contributed
more than $50 in the same year.
10. The political organization treasurer must identify and
record all expenditures for the program, including the funds withheld
by the Customer to cover its fees and expenses.
11. The Customer specifically agrees to any and all adjustments
by AT&T for callers who request refunds.
NOTE: POLITICAL FUNDRAISING PROGRAMS FOR CANDIDATES FOR STATE OR LOCAL
OFFICES ARE SUBJECT TO APPLICABLE STATE LAW. AT&T WILL PROVIDE BILLING
SERVICES FOR SUCH PROGRAMS ON A CASE-BY-CASE BASIS.
The following requirements apply in addition to those set forth in sections
I, II and III.
GAME OF CHANCE
INCLUDES ANY TYPE OF GAME OF CHANCE OR CONTEST, SWEEPSTAKES, CONTEST
LISTING, OR INFORMATION THAT INVOLVES THE USE OF A 900 CALL TO A PROGRAM
AS ONE OF THE MEANS OF ENTRY OR QUALIFYING FOR A PRIZE THAT IS AWARDED
BASED ON CHANCE.
1. Customer must provide:
- Advertisement
- Alternate Means of Entry Disclosed in Advertisement
- Official Rules Disclosed in Advertisement
- Preamble
- Program Script
- Original Customer/Information Provider Letter (See Page 16)
- Original Opinion of Legal Counsel (See Page 16)
- Original Letters of Authorizations or Releases (See Page 17)
2. Charges must be CAPPED AT $5.00 per call
3. Customer specifically agrees to any and all adjustments by
AT&T to callers requesting refunds.
4. A no-purchase/no-phone call alternative method of participating,
disclosed in the solicitation letter, the official rules, and all advertising
for the program, must be available which provides all entrants with an
equal chance of winning and must be accessible to all entrants. If the
alternative method of entry is by mail, any associated fulfillment must
be completed within 20 days of the completion of the game. The deadline
for responding by the alternative method of entry must be no sooner than
the deadline for responding by calling the 900 number.
5. All unclaimed major prizes must be awarded via a second chance
drawing. For purposes of these guidelines, the term "major prize"
means a prize with a cash value of more than $50.
6. The amount or value of the prize awarded may not be dependent
upon the number of entries received.
7. The selection of a winner may not be dependent on the outcome
of a future sporting contest or other future contingent event not under
the customer's control (other than the random selection of an entry).
8. Customer must block calls from the following states:
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California
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Georgia
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Louisiana
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Minnesota
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9. The customer must block calls billed in the following LEC territories:
US West
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Arizona
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Minnesota
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North Dakota
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Washington
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Colorado
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Montana
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Oregon
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Wyoming
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Idaho
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Nebraska
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South Dakota
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Iowa
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New Mexico
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Utah
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10. If Game of Chance or program provides information or notice concerning
entitlement to a prize, gift, award or other item of value the following
state must be blocked:
11. If state requires registration to run program, Customer must represent
that it has registration from the appropriate state authorities.
12. AT&T reserves the right to impose other conditions, not expressly
set forth in these guidelines, in connection with its provision of billing
services for any program in this category.
Advertising Requirements
1. The advertisement for a direct mail sweepstakes (i.e., the
letter, postcard or other document sent to a particular person), or a
print, visual or oral advertisement, must comply with the following:
- A statement disclosing the starting and closing dates of the game.
- A statement that the game is subject to the complete official rules.
- A statement indicating “No Phone Call to the Pay per call service
is necessary to enter the sweepstakes”.
- A statement disclosing the alternate means of entry
- A statement indicating the odds of winning.
- A statement referring the recipient to the location of the official
rules.
- No statement may be made indicating that AT&T is a sponsor of
the game.
- Words and phrases that seek to compel immediate action by recipients
of the solicitation (e.g., "Immediate Action Required") must
not be used in a manner which creates the false impression of an immediate
deadline for action which does not exist or conveys the false impression
that the recipient must call the 900 number in order to automatically
receive a prize.
- Words, phrases, format or symbols shall not be used in a manner that,
taken as a whole, creates an impression that the solicitation was initiated
or authorized by an agency of government.
Official Rule Requirements
1. No Purchase/No Phone Call Necessary. The alternate
method of entry must be disclosed in conspicuous and easily readable text.
2. Prizes. The number, nature and fair market retail value
of all prizes must be listed and described in descending order of retail
value, except that a prize that the majority of all recipients will receive
must be listed last.
3. Odds of Winning. The odds should appear immediately
adjacent to the first identification of the prize to which it relates.
The odds should be described in whole Arabic numbers such as 1:1,000.
4. Selection of Winners. The rules shall describe how
winners will be selected, including disclosure of all material terms,
conditions, restrictions or deadlines which must be satisfied to entitle
the recipient to receive any prize offered.
5. Second-Chance Drawing. All major prizes must be awarded;
major prizes, which are not claimed, shall be awarded in a subsequent
drawing from the names of all who responded and did not receive a major
prize. This drawing shall take place not later than 30 days after the
closing date for the game.
6. List of Winners. A list of winners (including the winner's
addresses) of all major prizes must be made available to any person requesting
the list, and an address for requesting such a winners' list shall be
contained in the official rules.
7. Eligibility/Availability. The rules shall disclose
the following:
- Starting and closing dates of the game
- Age restrictions for participants
- Geographic area where the game is available
- A list of the specific states where the game is void, prohibited
or restricted by law.
8. Program Customer. The rules shall disclose the Customer's
or Information Provider's name and street address.
Customer/Information Provider Letter Requirements
1. A representation and warranty that the game is operated to
increase the purchase of products or services (other than the game itself)
in the marketplace, the provider of which products or services is clearly
identified.
2. A description and identification by brand name of the goods
or services being promoted.
3. A representation and warranty that prizes will not be funded
from the proceeds of calls to 900 number(s).
4. The name and address of any entity that retains Customer or
Information Provider to operate the game to promote the particular products
or services;
5. A statement that Customer or Information Provider, at the start
of the game of chance, has a sufficient amount of all items to be given
as prizes.
Opinion Letter of Legal Counsel Requirements
1. The Customer or Information Provider must provide a written
opinion of the Customer's or Information Provider's legal counsel stating,
specifically, that counsel has reviewed the entire program, including
all advertising, and finds it to be in compliance with the following:
- All applicable federal and state laws and regulations including,
but not limited to, laws governing fraud, gambling, lotteries prize
notification and 900 programs.
- Identify those states where the program is bonded and registered
as may be required by state law, and the states where the program will
be voided.
Letter of Authorization Requirements
1. The Customer or Information Provider must provide letters of
authorization or releases from each company and/or individual mentioned
in the programming or advertising that authorize the Customer or Information
Provider to use such person's name, image, likeness, trademark, servicemark,
etc. in connection with the proposed game of chance. Alternatively,
the Customer or Information Provider may furnish a letter from a third
party, which has been licensed or authorized by each company and/or individual,
in which the third party affirmatively represents to AT&T that it
is authorized to permit the Customer or Information Provider to use such
person's name, image, likeness, trademark, service mark, etc. in connection
with the proposed game of chance.
The following requirements apply in addition to those set forth in sections
I, II and III.
GAMES OF SKILL
1. Customer must provide:
- Preamble
- Program Script
- Criteria for Winning
2. Charges must be CAPPED AT $5.00 per call.
3. Game must not have the element of chance as the predominant
determination factor.
4. Questions can not be so difficult as to cause callers with
a reasonable amount of knowledge on the subject matter to guess answers
5. Questions can not be so easy as to cause all callers to answer
questions correctly UNLESS all callers who do so win the same prize
6. The same questions are posed to every caller (e.g., no random
computer generation of questions).
7. The Customer must submit a set of criteria for selection of
the winners.
8. All callers who meet the same criteria for winning must be
awarded the same prize.
The following requirements apply in addition to those set forth in sections
I, II and III.
JOB INFORMATION LINES
INCLUDES ANY PROGRAM WHICH INDICATES OR SUGGESTS THAT THE CALLER SHOULD
OR MAY CONTACT SPECIFIC COMPANIES TO OBTAIN EMPLOYMENT OR WHICH ASSIST
THE CALLER IN OBTAINING EMPLOYMENT.
1. Customer must provide:
- Advertisement
- Preamble
- Program Script
2. Remove closed job ads from program script within 24 hours.
Advertising Requirements
1. Fully disclose all the locations where jobs are available.
Opinion of Letter of Legal Counsel Requirements
1. Customer or Information Provider must provide written opinion
of counsel stating that the program complies with the following:
- All applicable federal, state, or local laws of the specified jurisdictions
where it will be advertised, including but not limited to requirements
for bona fide job orders from each employer whose job ad is listed.
- Licensing and bonding requirements
2. Customers must block calls from the following 31 states:
| Arkansas |
Louisiana |
New Jersey |
Tennessee |
| Colorado |
Maine |
New York |
Texas |
| Connecticut |
Maryland |
North Carolina |
Utah |
| Georgia |
Massachusetts |
North Dakota |
Virginia |
| Illinois |
Michigan |
Ohio |
Washington |
| Indiana |
Minnesota |
Oregon |
Washington DC |
| Iowa |
Missouri |
Pennsylvania |
Wisconsin |
| Kentucky |
Montana |
South Carolina |
|
FOR PROGRAMS WHERE NO SPECIFIC JOB ADS ARE PROVIDED TO THE CALLER,
BUT RATHER, NAMES OF COMPANIES ARE LISTED AS POTENTIAL EMPLOYERS FOR CAREERS
DESCRIBED IN THE PROGRAM, THE CUSTOMER MUST ALSO:
1. Provide AT&T with original proof of authorization to use
company names.
This must include written authorization on company letterhead indicating
that the company has given the Customer express permission to use its
company name on this 900 application.
Indicate in all advertising and in the program script that the companies
named are only potential employers, who may not have openings at the time
the caller contacts them.
The following requirements apply in addition to those set forth in sections
I, II and III.
PERSONAL LINES
INCLUDES THE FOLLOWING TYPES OF PROGRAMS: ROMANTIC STORIES, PERSONAL
BULLETIN BOARDS, DATING LINES, INTRODUCTION LINES, CONFESSION LINES, SOUND-OFF
LINES, AND "ONE-ON-ONE LINES.
1. Customer must provide:
- Preamble
- Program Script
- Advertisement
2. Customers must review caller messages, in order to determine
compliance with AT&T Guidelines, where programs involve the leaving
of personal messages.
3. Before broadcasting any personal messages, Customer must review
each message to confirm that each caller:
- Is at least 18 years of age
- Has authorized the broadcast of the personal message; and
- Has provided accurate information.
The following requirements apply in addition to those set forth in sections
I, II and III.
PROFESSIONAL SERVICES
INCLUDES ANY LIVE PROGRAM CONTENT PROVIDED BY INDIVIDUALS UPON WHOM CALLERS
WOULD RELY FOR PROFESSIONAL ADVICE REGARDING THE LEARNED PROFESSIONS SUCH
AS, HEALTH PROFESSION, LAW AND SIMILAR SERVICES.
1. Customer must provide:
- Preamble
- Program Script
- Certification of Credential
2. Customer must represent that Information Provider is licensed
to practice the profession in the states where program is offered.
The following requirements apply in addition to those set forth in sections
I, II and III.
PSYCHIC/ASTROLOGY PROGRAMS
INCLUDES ANY PSYCHIC/ASTROLOGY PROGRAM WHICH OFFERS LIVE INTERACTION
BETWEEN CALLER AND PSYCHIC/ASTROLOGER.
1. Customer must provide:
- Preamble
- Program Script
- Advertisement
When the means of advertising the 900 number is an 800 number,
sponsor must provide all 800 numbers associated with the program.
2. Customer must block calls billed in the following LEC territories:
US West
|
Arizona
|
Minnesota
|
North Dakota
|
Washington
|
|
Colorado
|
Montana
|
Oregon
|
Wyoming
|
|
Idaho
|
Nebraska
|
South Dakota
|
|
|
Iowa
|
New Mexico
|
Utah
|
|
3. Vari-A-Bill is not a billing option.
The following requirements apply in addition to those set forth in sections
I, II and III.
STATE-SPONSORED LOTTERIES
INCLUDES LOTTERIES SPONSORED OR AUTHORIZED BY A STATE LOTTERY OR GAMING
COMMISSION.
1. Customer must provide:
- Preamble
- Program Script
- Copy of Contract with State Lottery or Gaming Commission
2. Customer must submit copy of Information Provider's contract
with state lottery or gaming commission, or other appropriate regulatory
body, or an original letter from a lottery or gaming commission (on agency
letterhead) authorizing the Customer to conduct a lottery utilizing 900
services, on its behalf.
The following requirements apply in addition to those set forth in sections
I, II and III.
TRANSACTION CODES
TRANSACTION CODES INCLUDE PROGRAMS WHERE THE PURPOSE OF THE CALL IS TO
PURCHASE A TRANSACTION CODE VIA A 900 NUMBER. THE SERVICE ACCESSED
BY THE TRANSACTION CODE MUST COMPLY WITH THE MULTIQUEST PREMIUM BILLING
GUIDELINES. TRANSACTION CODES DO NOT ALLOW MONTHLY RECURRING BILLING,
THE CONSUMER MUST INITIATE EACH BILLING EVENT SEPARATELY.
1. Transaction codes are limited to Internet applications only.
2. Caller charges must be a maximum of $25.00
3. Customer must provide:
- Preamble
- Program Script
- Advertisement
- Internet Address (URL)
- Description of service provided by the Transaction Code
4. The 900 number and associated Internet application must adhere
to all AT&T Premium Billing Guidelines associated with program content.
5. Customer must block in the following LEC territories:
BellSouth
|
Alabama
|
Kentucky
|
Mississippi
|
South Carolina
|
|
Florida
|
Louisiana
|
North Carolina
|
Tennessee
|
|
Georgia
|
|
|
|
Southwestern Bell
|
Arkansas
|
Missouri
|
Oklahoma
|
Texas
|
|
Kansas
|
|
|
|
US West
|
Arizona
|
Minnesota
|
North Dakota
|
Washington
|
|
Colorado
|
Montana
|
Oregon
|
Wyoming
|
|
Idaho
|
Nebraska
|
South Dakota
|
|
|
Iowa
|
New Mexico
|
Utah
|
|
|