Section 44. Service Observing, Interception.—Service observing of telephone lines conducted by telephone companies for the purpose of determining the quality of transmission or for any other purpose shall cease as soon as a connection is established between the users of the telephone line. Notwithstanding any other law, the line of any subscriber of a telephone company shall not be monitored by a telephone company for the purpose of service observing or random monitoring, if he shall so request in writing to the telephone company. Any subscriber may seek an injunction in the superior court to prevent such service observing or random monitoring.
The department of telecommunications and cable shall require that each telephone company file annually with it a complete report of all service observing activity carried on by any telephone company including the number of calls monitored during the previous calendar year, all rules and regulations of the telephone companies for such service observing, a complete description of the location of each service observing facility, for each past calendar year the number of employees engaged in service observing and a statement of the expenses incurred for such service observing to include salaries, cost of capital equipment and maintenance and replacement costs of such equipment, and administrative expenses incurred. The department shall also conduct periodic inspections at least semiannually of such service observing to determine whether or not it complies with this section and the accuracy of the reports filed. In the event of the failure of any telephone company to comply with this section the department of telecommunications and cable must order that the activity cease until compliance is obtained and may seek an enforcement order in the Superior Court of Suffolk County.
Structure Massachusetts General Laws
Part I - Administration of the Government
Chapter 166 - Telephone and Telegraph Companies, and Lines for the Transmission of Electricity
Section 3 - Liability of President and Treasurer for Wilful Neglect or Omission
Section 4 - Issue of Stock, Bonds, Coupon Notes and Other Evidences of Indebtedness
Section 5 - Enforcement of Orders of Department Relating to Stocks and Bonds
Section 6 - Improper Issue; Penalty
Section 7 - Increase of Capital Stock; Shareholders' Rights to New Shares
Section 8 - Shares Authorized to Be Sold at Auction; Place of Sale
Section 9 - Issue of Stock or Scrip Before Payment for Shares at Par
Section 10 - Effect of Issue of Stock or Scrip Before Payment for Shares; Liability of Directors
Section 12 - Failure to Make Annual Return; Penalty
Section 12a - Condensed Return of Business and Financial Condition
Section 14a - Enhanced 911 Service
Section 15 - Equal Facilities for Those Connecting With Exchange; Enforcement
Section 15a - Entitlement to Hand Sets as Station Equipment
Section 15b - Sales and Transfers to Similar Corporations
Section 15c - Emergency Calls; Refusal to Yield Party Line; Misrepresentation of Emergency
Section 16 - Receipt and Transmission of Despatches
Section 17 - Rates to Other Telegraph Companies or by Mail
Section 18 - Violations; Penalties
Section 19 - Liability for Negligent Transmission; Claim; Exceptions
Section 20 - Indication of Time Filed and Received on Addressee's Copy
Section 21 - Location of Construction of Electric Transmission Lines
Section 21a - Coming Into Close Proximity to High Voltage Lines
Section 21b - Protection of Overhead High Voltage Lines
Section 21c - Warnings; Operation of Equipment Near High Voltage Lines
Section 21d - Warning Signs; Size; Posting
Section 21e - Notification of Operation Near High Voltage Lines
Section 21f - Exemptions; Definitions
Section 21g - Violations; Penalties; Liability
Section 22 - Consent of Municipal Officers to Construct or Alter Lines
Section 22b - Program for Prohibition or Removal of Overhead Wires
Section 22c - Prohibition and Removal of Overhead Wires; Fines and Penalties
Section 22d - Removal of Overhead Wires; Sequence; Replacement; Fines and Penalties
Section 22e - Cooperative Agreements to Remove Overhead Wires
Section 22f - Notice of Hearing or Ordinance to Remove Overhead Wires
Section 22g - Emergency Erection of Overhead Wires
Section 22h - Underground Construction; Responsibility of Utility
Section 22i - Underground Construction; Customer Service Facilities
Section 22j - Removal of Municipal Equipment From Poles
Section 22k - Extension of Time for Removal
Section 22l - Rate Differential; Adoption of Removal Ordinance
Section 22m - Billing Surcharge; Adoption of Removal Ordinance
Section 22n - Effective Date of Adopting Ordinance
Section 23 - Citizens Establishing and Maintaining Lines
Section 24 - Construction of Lines for Private Use; Privileges of Town; Protection of Lines
Section 25 - Underground Telegraph, Telephone or Television Lines; Regulations
Section 25a - Attachments; Regulation by Department of Public Utilities
Section 26 - Violation of Regulations
Section 27 - Approval by Department of Ordinances or Regulations of Municipality
Section 29 - Persons Entitled to Damages
Section 30 - Regulations Concerning Wires
Section 31 - Fixtures Supporting Wires or Cables; Marking to Show Ownership
Section 32a - Inspector of Wires Working as Electrician; Inspection by Assistant Inspector
Section 33 - Enforcement of Secs. 30 to 32
Section 34 - Poles and Other Structures Used to Support Lines; Protection of Employees and Public
Section 35 - Use of Poles and Other Fixtures for Communication Without Consent of Owner
Section 36 - Marking Name of Corporation Maintaining or Operating on Poles or Other Fixtures
Section 37 - Prescriptive Easements
Section 38 - Intentional Injury or Destruction of Property; Penalty
Section 39 - Temporary Removal of Wires; Refusal of Company to Act
Section 40 - Removal of Wires Without Notice; Penalty
Section 41 - Removal of Wires Without Notice; Exception
Section 42 - Liability of Telegraph Company for Injury Caused by Poles, Wires or Other Apparatus
Section 42a - Telecommunication Service; Fraud; Penalty