Title 16, Chapter 11, Section 65
( 16-11-65)
(a) Nothing contained within Code Section 16-11-62 shall prohibit the employment and use of any equipment or device which is owned by any person or is furnished by any 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 of any user of or subscriber to such equipment which permits the interception of telephonic communications solely for the purposes of business service improvement when the user of or subscriber to such facilities and equipment has duly applied for and obtained from the Georgia Public Service Commission a license for the employment and installation of the equipment. No license shall be issued until the applicant has demonstrated to the commission a clear, apparent, and logically reasonable need for the use of the equipment in connection with a legitimate business activity of the user or subscriber and demonstrated to the satisfaction of the commission that it will be operated by persons of good moral character and that the equipment will be used in a lawful manner and in conformity with the tariffs filed for the equipment. The commission is authorized to establish the necessary procedures to be employed and followed in applying for such permits and to require from the user or subscriber of such equipment the furnishing of any reasonable information required by the commission in regard to the intended and actual use of the equipment. (b) The Georgia Public Service Commission is authorized to revoke
any license and to order any owner of such equipment or any
telephone company supplying such equipment to remove from the
premises of the licensee the equipment when it is established to the
satisfaction of the commission that the equipment is being used in
an unlawful manner contrary to the tariff applicable to the
equipment or in a manner contrary to the purposes and uses for which
the license had been issued. Such licenses may also be revoked by
the commission if it is subsequently discovered that a material
misrepresentation of fact has been made in applying for the license.
The commission is authorized to promulgate such rules and
regulations in connection with the licensing and revocation thereof
of such users of such equipment as will enable it to carry out the
purposes, duties, and responsibilities imposed upon the commission
by this Code section. Such rules and regulations shall afford to
any aggrieved licensee an opportunity to a full and impartial
hearing before the commission. The commission shall further have the
authority to adopt any and all appropriate rules and regulations of
any sort to ensure the privacy of telephonic and telegraphic
communications. A violation of such rules and regulations shall be
a violation of this part. (c) 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. (d) The provisions of this part shall not apply to acts by duly
authorized employees of any telephone company regulated by the
Georgia Public Service Commission, with regard to the reasonable and
limited intercepting of telephone communications under circumstances
reasonably calculated to assure the privacy of telephone
communications when such interception is accomplished solely for the
purpose of maintaining the quality of service furnished to the
public or for the purpose of preventing the unlawful use of
telephone service. All such telephone companies shall adopt
regulations and procedures consistent with the requirements of this
Code section governing the use of equipment which permits the
interception of telephone messages by their employees and file the
same with the commission. After being filed with the commission,
such regulations and procedures shall be public records. |