§271-8.5 - Advertising.
§271-8.5 Advertising. (a) It shall be
a misdemeanor for any person, including a person who is exempt under section
271-5, to advertise as a motor carrier of passengers or property, unless the
person holds a valid certificate or permit required by this chapter as to the
classification so advertised. The term "advertise", as used in this
section, includes: the issuance of any card, sign, or device to any person, or
the causing, permitting, or allowing of any sign or marking on or in any building
or motor vehicle, or the advertising in any newspaper, magazine, or advertising
other than in-column listings in any directory, or the commercial broadcasting
by airwave transmission, or any and all communications media.
(b) A licensee may advertise in print or
broadcast medium as described in subsection (a) only if the licensee includes
in the advertisement the licensee's applicable and current certificate or
permit number and provides proof of the number's validity to the publisher or
producer of the advertising medium. The publisher or producer of a print or
broadcast advertising medium shall not publish or broadcast an advertisement
for a licensee who does not provide proof of a current certificate or permit or
who does not include a currently valid certificate or permit number in the
advertisement.
(c) Upon notice from the public utilities
commission of the entry of a final order of the commission pursuant to chapter
91 or a judgment by a court of competent jurisdiction, that a person has
advertised in violation of either subsection (a) or section 271-8, the public
utility furnishing the telecommunications service shall disconnect that
person's access to the telephone number or telecommunications service number
contained in the advertisement or listing. A public utility complying with a
notice to disconnect is immune from liability for damages resulting from its
compliance.
(d) The publisher or producer of a print or
broadcast advertising medium shall not be liable in any suit, action, or claim
arising from its refusal to list or accept advertisements pursuant to
subsection (b). [L 1978, c 66, §4; am L 1985, c 191, §1; am L 1992, c 75, §1;
am L 2000, c 40, §1]