Subject 515-8-1 EMPLOYMENT AND USE OF SERVICE OBSERVING EQUIPMENT
Every subscriber of any telephone company authorized to do business in this State desiring the employment and use of any equipment or device which is owned by the subscriber or furnished by a telephone company authorized to do business in this State under proper tariffs filed with and approved by the Georgia Public Service Commission, which may be attached to any telephonic equipment which permits the interception of telephonic communications solely for the purposes of business service improvement shall make application to the Georgia Public Service Commission for a license for the employment and installation of such equipment on the form prescribed by the Commission, and designated as "Application for Telephone Service Observing Equipment License" consisting of six pages.
Upon receipt of an application for a license on the form prescribed herein the Commission will designate a time and place for hearing. The Commission will give notice thereof to the applicant at least ten days in advance of the date assigned for the hearing. Upon approval of the application a license shall be issued in the form identified as "license to use service observing equipment".
A license shall be revoked by the Commission when it is established to the satisfaction of the Commission, after notice and hearing on an order to show cause against the holder of such license, that such equipment is being used in an unlawful manner contrary to the tariff applicable to such equipment, or in a manner contrary to the purposes and uses for which the license has been issued, or if it shall subsequently be discovered a material misrepresentation of fact shall have been made in applying for the license. All other licenses shall be canceled and revoked upon discontinuance of the use of such equipment, or upon surrender of such license to the Commission.
Service observing equipment shall not be installed, provided or continued in service unless and until a license for the use of such equipment shall have been issued by the Commission.
Rule 515-8-1-.05 Mutual Duties of Users of Service Observing Equipment and Telephone Company Issuing Telephone Directories
|(1)||It shall be the duty and obligation of any licensed user of service observing equipment to prominently display on every telephone instrument subject to service observing a notification to such effect. Said notification shall be in the form of official gummed labels which will be issued by the Commission at the time a license is issued. Failure to prominently display the notification at all times shall be cause for revocation of the license. Holders of licenses for service observing equipment issued prior to the effective date of this Rule shall within thirty (30) days from said effective date obtain the requisite number of labels from the Commission and affix the same to those instruments which are subject to service observing.|
|(2)||It shall be the duty and obligation of any licensed user of Service Observing equipment to promptly notify the Commission of any changes in the status of its certification. Such changes may include, but are not limited to: the discontinuance of the use of such equipment, changes in the specified list of telephone numbers subject to service observing, changes in the firm name or address and so forth.|
|(3)|| Further, the Telephone Company shall,
with future issuances of telephone directories published thirty (30) days from
the effective date of this Order, affix a section symbol (§) in the margin
adjacent to said firm or company telephone number listing licensed to have
service observing equipment. This section symbol shall make reference to the
following paragraph contained in the general information section of said
"This; Company or Firm has been licensed by the Georgia Public Service Commission to use service observing equipment pursuant to Georgia Code Annotated Section 16-11-65."
|(4)||All telephone companies shall have printed in a conspicuously accessible location within their directories a notice to the public that there is available without cost at the business office of the telephone company served by the directory a list of subscribers of such equipment which will be made available to any member of the general public requesting the same from such companies.|
|(5)||Provisions regarding the recording of telephone conversations are contained in the applicable state and federal statutes. The Georgia Public Service Commission has no rules governing the recording of telephone conversations.|
|(6)||Any person violating any of the provisions of this Rule shall be guilty o of a felony and upon conviction thereof, shall be punished by imprisonment in the penitentiary for not less than one nor more than five years, or a fine not to exceed $10,000, or both, pursuant to Georgia Annotated Section 1611-69 (Georgia Laws (1968).|