(a) As used in this Code section, the term "cellular radio
telephone" means a wireless telephone authorized by the Federal
Communications Commission to operate in the frequency bandwidth
reserved for cellular radio telephones. (b)(1) It shall be unlawful for any person, without the consent of
at least one of the parties to the communication, intentionally to
intercept, receive, or assist in intercepting or receiving a
communication transmitted between cellular radio telephones or
between any cellular radio telephone and a landline telephone. (2) It shall be unlawful for any person to broadcast, print, or
publish the contents of any communication transmitted between
cellular radio telephones or between any cellular radio telephone
and a landline telephone if the communication has been intercepted
in violation of paragraph (1) of this subsection. (c) In the following instances, this Code section shall not apply: (1) To any public utility engaged in the business of providing
communications services and facilities, or to the officers,
employees, or agents thereof, where the acts otherwise prohibited
are for the purpose of construction, maintenance, conduct, or
operation of the services and facilities of the public utility; (2) To the use of any instrument, equipment, facility, or service
furnished and used pursuant to the tariffs of the public utility; (3) To any telephonic communication system used for communication
exclusively within a state, county, or municipal correctional
institution; (4) To the use of equipment, facilities, or services by users licensed by the Public Service Commission pursuant to Code Section 16-11-65; or (5) To the interception of wire or oral transmissions by law enforcement officers pursuant to Code Section 16-11-64. (d) Any person convicted of violating paragraph (1) or paragraph (2)
of subsection (b) of this Code section shall be guilty of a
misdemeanor of a high and aggravated nature. |