A Firm/applicant and its operations are eligible, regardless of retail transactions, financial services or other ineligible activities, if:(a) They serve the firm or its clients exclusively through computer, electronic, online, telephony or other information and communication technologies or methods;(b) No more than 10 percent of the customers or business transactions come from inside the local calling area, in which telephone calls could be made to and from the firm’s location in the enterprise zone without long distance telephone charges or service as traditionally applied to landlines; and
Not engaged in telemarketing, but rather the firm is taking unsolicited orders or responding to prior instruction, including but not limited to:
Following-up on pledges or expressions of interest to the firm or its client;
Checking with users of client-supplied goods or services, for example, to continue or renew recently expired membership, contract, etc.; or
Collection of voluntarily incurred dues, fees or other charges payable to the client.
The percentage in subsection (1)(b) of this rule is:
First substantiated by the Firm/applicant or local zone manager with the Application or Preauthorization Conference;
Not predicated on the actual transaction or customer communication through a landline telephone call, but only on relative location as if it were;
Calculated by dividing the number of customers or transactions in the local calling area by the firm’s total, arising from the operations in the zone; and
Not dependent on precise calculation or verification, if the generally regional or national extent or scope of the firm’s activities allow for a reasonable assumption of compliance.(3) Communications in accordance with this rule will generally be anonymous in nature and involve only a brief period, if any, of repeat interaction on a given matter or order. They do not include the delivery of advice, services or products between known individuals, such as ongoing provision of professional services to clients by any particular employee or agent of the business firm.