| HB 72 - Pagers; service providers; maintain certain phone records |
First Reader Summary
A BILL to amend Article 2 of Chapter 5 of Title 46 of the
Official Code of Georgia Annotated, relating to telephone
service, and Chapter 6 of Title 46 of the Official Code of
Georgia Annotated, relating to radio common carriers, so as to
provide for legislative findings; to provide for definitions; to
require pager service providers to keep records of originating
phone numbers and customers requested; and for other purposes.
| House |
Action |
Senate |
| 1/13/99 |
Read 1st Time |
|
| 1/14/99 |
Read 2nd Time |
|
HB 72 LC 22 3276
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Article 2 of Chapter 5 of Title 46 of the Official
1- 2 Code of Georgia Annotated, relating to telephone service,
1- 3 and Chapter 6 of Title 46 of the Official Code of Georgia
1- 4 Annotated, relating to radio common carriers, so as to
1- 5 provide for legislative findings; to provide for
1- 6 definitions; to require pager service providers to keep
1- 7 records of originating phone numbers and customers
1- 8 requested; to provide for penalties; to provide for rules,
1- 9 regulations, and applicability; to provide for effective
1-10 dates; to repeal conflicting laws; and for other purposes.
1-11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-12 SECTION 1.
1-13 Article 2 of Chapter 5 of Title 46 of the Official Code of
1-14 Georgia Annotated, relating to telephone service, is amended
1-15 by inserting a new Code section to be designated Code
1-16 Section 46-5-28 to read as follows:
1-17 "46-5-28.
1-18 (a) The General Assembly finds that it is possible to
1-19 generate repeated, harassing calls to a telephone number
1-20 in violation of Code Section 46-5-21 by leaving pager
1-21 messages for multiple persons to call such telephone
1-22 number. The General Assembly further finds that such a
1-23 pattern of activity can present difficulty in obtaining
1-24 evidence of the identity of the person who is violating
1-25 Code Section 46-5-21, and that such activity has harassed
1-26 the holders of the pagers, including medical and law
1-27 enforcement personnel, as well as the holder of the
1-28 telephone number called. The General Assembly finds that
1-29 new tools for gathering evidence of such violations are
1-30 necessary to protect the privacy, safety, and welfare of
1-31 Georgia residents.
1-32 (b) As used in this Code section, the term:
-1-
2- 1 (1) 'Pager' means any wireless portable device which is
2- 2 activated by a pager service provider in response to a
2- 3 telephone call from a third party for the purpose of
2- 4 generating, emitting, or displaying an audible, tactile,
2- 5 or visual signal or message for the pager holder without
2- 6 transmitting the voice of the third-party caller
2- 7 directly through the device.
2- 8 (2) 'Pager service provider' means a natural person,
2- 9 partnership, corporation, or other business entity which
2-10 for a fee receives telephone calls and transmits signals
2-11 or messages through a pager to its customers.
2-12 (c) Each pager service provider shall, to the extent
2-13 technically feasible, record the originating telephone
2-14 number of each caller requesting a signal or message to a
2-15 customer and the identity of the customer requested.
2-16 (d) The commission shall promulgate rules and regulations
2-17 to enforce this Code section, including but not limited to
2-18 defining technical feasibility, determining the period of
2-19 time such records shall be kept, and providing access to
2-20 such records.
2-21 (e) This Code section shall apply to each pager service
2-22 provider for services provided within the state and to the
2-23 extent permitted by federal law for interstate services.
2-24 (f) Failure to create and retain the records required by
2-25 this Code section shall be punished as a misdemeanor."
2-26 SECTION 2.
2-27 Said title is further amended in Chapter 6, relating to
2-28 radio common carriers, by inserting a new Code section to be
2-29 designated Code Section 46-6-17 to read as follows:
2-30 "46-6-17.
2-31 (a) The General Assembly finds that it is possible to
2-32 generate repeated, harassing calls to a telephone number
2-33 in violation of Code Section 46-5-21 by leaving pager
2-34 messages for multiple persons to call such telephone
2-35 number. The General Assembly further finds that such a
2-36 pattern of activity can present difficulty in obtaining
2-37 evidence of the identity of the person who is violating
2-38 Code Section 46-5-21, and that such activity has harassed
2-39 the holders of the pagers, including medical and law
2-40 enforcement personnel, as well as the holder of the
2-41 telephone number called. The General Assembly finds that
-2-
3- 1 new tools for gathering evidence of such violations are
3- 2 necessary to protect the privacy, safety, and welfare of
3- 3 Georgia residents.
3- 4 (b) As used in this Code section, the term:
3- 5 (1) 'Pager' means any wireless portable device which is
3- 6 activated by a pager service provider in response to a
3- 7 telephone call from a third party for the purpose of
3- 8 generating, emitting, or displaying an audible, tactile,
3- 9 or visual signal or message for the pager holder without
3-10 transmitting the voice of the third-party caller
3-11 directly through the device.
3-12 (2) 'Pager service provider' means a natural person,
3-13 partnership, corporation, or other business entity which
3-14 for a fee receives telephone calls and transmits signals
3-15 or messages through a pager to its customers.
3-16 (c) Each pager service provider shall, to the extent
3-17 technically feasible, record the originating telephone
3-18 number of each caller requesting a signal or message to a
3-19 customer and the identity of the customer requested.
3-20 (d) The commission shall promulgate rules and regulations
3-21 to enforce this Code section, including but not limited to
3-22 defining technical feasibility, determining the period of
3-23 time such records shall be kept, and providing access to
3-24 such records.
3-25 (e) This Code section shall apply to each pager service
3-26 provider for services provided within the state and to the
3-27 extent permitted by federal law for interstate services.
3-28 (f) Failure to create and retain the records required by
3-29 this Code section shall be punished as a misdemeanor."
3-30 SECTION 3.
3-31 For the purposes of promulgating rules and regulations, this
3-32 Act shall become effective on the first day of July in the
3-33 year of the approval of this Act by the Governor or upon its
3-34 becoming law without such approval. The remaining
3-35 provisions shall become effective on the first day of
3-36 January in the following year.
3-37 SECTION 4.
3-38 All laws and parts of laws in conflict with this Act are
3-39 repealed.
-3-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 02/24/99
