Massachusetts General Laws
Chapter 166 - Telephone and Telegraph Companies, and Lines for the Transmission of Electricity
Section 44 - Service Observing; Interception

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

Massachusetts General Laws

Part I - Administration of the Government

Title XXII - Corporations

Chapter 166 - Telephone and Telegraph Companies, and Lines for the Transmission of Electricity

Section 1 - Telephone and Telegraph Companies; Subscription and Payment for Stock; Filing of Statement

Section 2 - Debt Limitation

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 11 - Annual Return

Section 12 - Failure to Make Annual Return; Penalty

Section 12a - Condensed Return of Business and Financial Condition

Section 13 - Telephone Companies; Connections With Exchanges; Equal Facilities for All Companies; Definition of ''person'' or ''company''

Section 14 - Connections With Exchanges; Equal Facilities for Applicants for Telephone Service; Cost of Extensions

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 15d - Energized Cables in Excavations Endangering Telephone Company Employees; Notice to Electric Company; Precautionary Cooperation

Section 15e - Definitions; Required Equipment and Services for Disabled Subscribers; Advisory Committee on Disabled Persons' Accessibility to Telephone Service

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 22a - Definitions

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 28 - Approval by Department of Location; Public Hearing; Place of Hearing; Determination; Fees

Section 29 - Persons Entitled to Damages

Section 30 - Regulations Concerning Wires

Section 31 - Fixtures Supporting Wires or Cables; Marking to Show Ownership

Section 32 - Municipal Inspector of Wires; Appointment; Qualifications; Powers and Duties; Liability for Removal of Wires

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

Section 42b - Fraudulently Avoiding Charges for Telecommunication Service; Use of Equipment, etc.; Penalties

Section 43 - Owners and Associations Subject to Chapter

Section 44 - Service Observing; Interception