§ 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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