Re: When the PUC Stops Being Polite...
A commenter asked whether I made a mistake in linking to the Chronicle's reporting on Jennifer Kim's consultant and his troubles with the PUC. But my conversation with PUC spokesman Terry Hadley backs up the Chronicle's original reporting. Let's hit this in Q&A format, since it's Friday night and y'all have other places to be.
1.) Has a formal complaint been filed against the Kim campaign for its robocall?
Not yet. The Austin Firefighters Association met with its attorney Friday afternoon to consider its options. They are looking at two possible complaints - one for the robocall's failure to identify the source of the call and a second for Kim consultant Elliott McFadden's failure to have a proper permit in order to place robocalls in the first place.
2.) Kim's consultant told reporters that the "PUC assured them" that "there was no violation. Is that true?
No, says the PUC spokesman. "No one from our enforcement section was in on the meeting with Ignite [McFadden's firm]. So that wasn't part of the discussion. It was about how to get the permit and how to apply," said Hadley.
3.) Is the Kim robocall in violation of state law?
We don't know. The robocall could be in violation on two grounds. One, running a robocall without a permit and two, not identifying the call's source.
"I've seen reports they happened before Monday, and they did it without a permit," said Hadley. "We do not approve messages in advance, but we do need to look into it if someone files a formal complaint."
(This is a link to Ignite's application, which shows its permit was not approved until Monday. The controversial robocall was placed LAST Thursday.)
Here is a link to PUC statute, with this key paragraph:
Within the first 30 seconds of the call, the ADAD message must clearly state the nature of the call, the identity of the business, individual, or other entity initiating the call, and the telephone number (other than that of the ADAD which placed the call) or address of the business, individual, or entity.4.) If there's a violation, how much is this gonna cost?
The law allows for a penalty if there commission finds that there is a violation. That could be up to $1,000 day.
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