§  64.501   Recording of telephone conversations with telephone companies.

   No telephone common carrier, subject in whole or in part to the
   Communications Act of 1934, as amended, may use any recording device in
   connection with any interstate or foreign telephone conversation
   between any member of the public, on the one hand, and any officer,
   agent or other person acting for or employed by any such telephone
   common carrier, on the other hand, except under the following
   conditions:

   (a) Where such use shall be preceded by verbal or written consent of
   all parties to the telephone conversation, or

   (b) Where such use shall be preceded by verbal notification which is
   recorded at the beginning, and as part of the call, by the recording
   party, or

   (c) Where such use shall be accompanied by an automatic tone warning
   device, which will automatically produce a distinct signal that is
   repeated at regular intervals during the course of the telephone
   conversation when the recording device is in use. Provided That:

   (1) The characteristics of the warning tone shall be the same as those
   specified in the Orders of this Commission adopted by it in “Use of
   Recording Devices in Connection With Telephone Service,” Docket 6787,
   11 FCC 1033 (1947); 12 FCC 1005 (November 26, 1947); 12 FCC 1008 (May
   20, 1948).

   (d) That the characteristics of the warning tone shall be the same as
   those specified in the Orders of this Commission adopted by it in “Use
   of Recording Devices in Connection With Telephone Service,” Docket
   6787; 11 F.C.C. 1033 (1947); 12 F.C.C. 1005 (November 26, 1947); 12
   F.C.C. 1008 (May 20, 1948);

   (e) That no recording device shall be used unless it can be physically
   connected to and disconnected from the telephone line or switched on
   and off.

   (Secs. 2, 3, 4, 5, 301, 303, 307, 308, 309, 315, 317; 48 Stat., as
   amended, 1064, 1065, 1066, 1068, 1081, 1082, 1083, 1084, 1085, 1089; 47
   U.S.C. 152, 153, 154, 155, 301, 303, 307, 308, 309, 315, 317)

   [ 32 FR 11275 , Aug. 3, 1967, as amended at  46 FR 29480 , June 2, 1981;  52 FR 3654 , Feb. 5, 1987]

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Subpart F—Telecommunications Relay Services and Related Customer Premises
Equipment for Persons With Disabilities

   Authority: 47 U.S.C. 151-154; 225, 255, 303(r), 616, and 620.

   Source:  56 FR 36731 , Aug. 1, 1991, unless otherwise noted.

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