The district court has jurisdiction of civil actions filed under AS 42.20.030.
Repealed or Renumbered
Repealed or Renumbered
A person who asks for or requests the use of a party line on pretext that an emergency exists, knowing that no emergency in fact exists, is guilty of a misdemeanor and is punishable by a fine of not less than $50 nor more than
$500 or by imprisonment for not more than 30 days, or by both.
Repealed or Renumbered
A person who violates any of the provisions of AS 42.20.300
and 42.20.310 is guilty of a class A misdemeanor.
Telegraph or cable lines owned or operated or controlled by persons not citizens of the United States, or by any foreign corporation or government, may not be established in or permitted to enter Alaska.
Article 02. OFFENSES RELATING TO UTILITIES
A person who wilfully refuses to yield or surrender the use of a party line to another person for the purpose of permitting the other person to report a fire or summon police, medical, or other aid in case of emergency, is guilty of a misdemeanor and is punishable by a fine of not less than $50 nor more than $500, or by imprisonment for not more than
30 days, or by both.
A person who is an employee of a communications common carrier or of an electronic communication service or of a private investigation agency, and has knowledge of the probable occurrence of conduct that violates a provision of AS
or 42.20.310 shall report the conduct, in writing, to the commissioner of public safety within 30 days after learning of the conduct.
In AS 42.20.030
(1) 'service' means a commodity, product, use, facility, convenience, or other form of service that is offered and provided by a utility;
(2) 'utility' means an enterprise, whether publicly or privately owned or operated, that provides gas, electric, steam,
water, sewer, or telecommunications service.
Every telephone directory published for distribution to the members of the general public shall contain a notice which explains AS 42.20.120
- 42.20.150. The notice shall be printed in type which is no smaller than any other type on the same page and shall be preceded by the word 'warning.' This section does not apply to directories distributed solely for business advertising purposes, commonly known as classified directories.
In AS 42.20.120
(1) 'emergency' means a situation in which property or human life is in jeopardy and the prompt summoning of aid is essential;
(2) 'party line' means a subscriber's line telephone circuit, consisting of two or more main telephone stations connected with it, each station with a distinctive ring or telephone number.
Article 05. COMMUNICATIONS, EAVESDROPPING, AND WIRETAPPING
It is presumed that a person intended to deprive a utility of compensation for service from the utility if
(1) the person possesses or has access to a utility service metering device which is being used to meter utility service and has been interfered with, avoided, or altered to inhibit or prevent the accurate measurement of utility service without the permission of the utility or the person has access to a utility line which has been tapped without the permission of the utility; and
(2) the person enjoys the use or receives the economic benefit of the unmetered utility service.
(a) A person is guilty of a misdemeanor and is punishable by a fine of not more than $1,000, or by imprisonment for not more than one year, or by both if the person wilfully alters a message by adding to it or omitting from it a word or figure so as to materially change the sense, purport, or meaning of the message, to the injury of the person sending or desiring to send it, or to whom it was directed.
(b) When numerals or words of number occur in a message the operator or clerk sending or receiving may express them in words or figures, or in both words and figures, and this may not be considered an alteration of the message or to affect its genuineness, force, or validity.
An agent, operator, or employee in a telegraph office who uses or appropriates information derived by that person from a private message passing through the person's hands and addressed to another, or information acquired by reason of the person's trust as agent, operator, or employee, or who trades or speculates upon this information, or who turns or attempts to turn it to personal account, profit, or advantage is guilty of a misdemeanor and is punishable by a fine of not more than $1000, or by imprisonment for not more than one year, or by both, and is liable in treble damages to the party aggrieved for loss or injury sustained.
A person who, by the payment or promise of a bribe, inducement, or reward, procures or attempts to procure a telegraph agent, operator, or employee to disclose a private message, or the contents, purport, substance, or meaning of a private message, or who offers to an agent, operator, or employee a bribe, compensation, or reward for the disclosure of private information received by reason of the position of trust as agent, operator, or employee, or who uses or attempts to use the information so obtained, is guilty of a misdemeanor and is punishable by a fine of not more than
$1000, or by imprisonment for not more than one year, or by both.
Article 04. EMERGENCY CALLS ON PARTY LINES
A person is guilty of a misdemeanor and is punishable by a fine of not more than $1,000, or by imprisonment for not more than one year, or by both if the person
(1) knowingly and wilfully sends by telegraph a false or forged message;
(2) wilfully delivers, or has delivered, a false or forged message, falsely purporting to have been received by telegraph;
(3) furnishes or conspires to furnish, or have furnished, to an agent, operator, or employee in a telegraph office, to be sent by telegraph, or to be delivered, a false or forged message, knowing that it is false or forged, with the intention to deceive, injure, or defraud any person.
On application of an officer of the state in case of war, insurrection, riot, civil commotion, or resistance of public authority, for the prevention and punishment of crime, or for the arrest of persons suspected or charged with crime, a telegraph company shall give immediate dispatch to the communication of the officer at the price of ordinary communications of the same length. An officer, agent, operator, or employee of the company who refuses or wilfully omits to transmit the communication, or designedly alters it or falsifies it is, upon conviction, punishable by a fine of not more than $1000, or by imprisonment in jail for not more than one year, or by both.
A person not connected with a telegraph office who, without the authority or consent of the person to whom the message is directed, wilfully opens a sealed envelope enclosing a telegraph message, and addressed to another, with the purpose of learning the contents of the message, or who fraudulently represents another person, and thereby procures to receive a telegraph message addressed to another, with the intent to use, destroy, or detain it from the person entitled to receive the message, is guilty of a misdemeanor and is punishable by a fine of not more than $1000, or by imprisonment for not more than one year, or by both and is liable in damages to the party injured for all loss and damage sustained by reason of the wrongful act.
An agent or employee of a telephone or electric light company may not remove any instrument or meter or disconnect any wire connected to the instrument or meter without notifying the owner, agent, or tenant of the building or room where the instrument or meter is installed. A notice in writing of the intention to remove the instrument or meter or to disconnect a wire is sufficient if delivered to the owner, agent, or tenant of the building or room before removal or disconnection, or in case of the absence of the owner, agent, or tenant, either by depositing the notice in the post office with postage prepaid, or by posting in a conspicuous place upon the building or room 24 hours before removal or disconnection. An agent or employee of a telephone or electric light company may not enter a building or room to examine, remove, or disconnect an instrument or meter without first announcing the agent's or employee's presence to the occupant. A person violating this section is guilty of a misdemeanor, and upon conviction, is punishable by a fine of not more than $200, or by imprisonment for not more than 30 days, or by both.
Article 03. OFFENSES RELATING TO TELEGRAPHS
(a) An agent, operator, or employee in a telegraph office who unreasonably and wilfully refuses or neglects to send a message received at the office for transmission, or who unreasonably or wilfully postpones the message out of its order, or unreasonably and wilfully refuses or neglects to deliver a message received by telegraph is guilty of a misdemeanor and is punishable by a fine of not more than $500, or by imprisonment for not more than six months, or by both.
(b) This section does not require a person to receive, transmit, or deliver a message unless the charges are paid, or to require the sending, receiving, or delivery of a message counseling, aiding, abetting, or encouraging treason against the government of the United States, or other resistance to the lawful authority, or a message calculated to further a fraudulent plan or purpose, or to instigate or encourage the perpetration of an unlawful act, or to facilitate the escape of a criminal or person accused of crime.
(a) A person may not
(1) use an eavesdropping device to hear or record all or any part of an oral conversation without the consent of a party to the conversation;
(2) use or divulge any information which the person knows or reasonably should know was obtained through the illegal use of an eavesdropping device for personal benefit or another's benefit;
(3) publish the existence, contents, substance, purport, effect, or meaning of any conversation the person has heard through the illegal use of an eavesdropping device;
(4) divulge, or publish the existence, contents, substance, purport, effect, or meaning of any conversation the person has become acquainted with after the person knows or reasonably should know that the conversation and the information contained in the conversation was obtained through the illegal use of an eavesdropping device.
(b) In this section 'eavesdropping device' means any device capable of being used to hear or record oral conversation whether the conversation is conducted in person, by telephone, or by any other means; provided that this definition does not include devices used for the restoration of the deaf or hard-of-hearing to normal or partial hearing.
(a) A person is civilly liable to the utility whose property is damaged in a sum equal to three times the amount of the actual damages sustained and three times the value of the service taken if the person intentionally or in the exercise of gross negligence
(1) damages a pole, tree, pipeline, or other object used in a utility line;
(2) damages an insulator in use in the line or damages or removes from its insulator any wire used in a utility line;
(3) damages the insulation of the line or interrupts the transmission of the service through it or damages the protective wrapping of a water, oil, or gas pipeline;
(4) damages property or materials belonging to a utility;
(5) interferes with the use of a utility line, or obstructs or postpones the transmission of service over a utility line;
(6) procures or advises damage to any utility line;
(7) interferes with or alters a meter or other device for the measuring of service from a utility; or
(8) without the permission of the utility takes service from the utility or taps a wire or line used for the transmission of service or procures or advises this to be done.
(b) A person is civilly liable to the utility whose property is negligently damaged under (a)(1), (2), (3), (4), or (5) of this section in a sum equal to the amount of the damages sustained.
(a) Except for a party to a private conversation, a person who receives or assists in receiving, or who transmits or assists in transmitting, a private communication may not divulge or publish the existence, contents, substance,
purport, effect, or meaning of the communication, except through authorized channels of transmission or reception
(1) to the addressee or the agent or attorney of the addressee;
(2) to a person employed or authorized to forward a communication to its destination;
(3) to proper accounting or distributing officers of the various communicating centers over which the communication may be passed;
(4) to the master of a ship under whom the person is serving;
(5) to another on demand of lawful authority; or
(6) in response to a subpoena issued or order entered by a court of competent jurisdiction.
(b) Except as provided in AS 12.37, a person not authorized by a party to the communication may not intentionally intercept a private communication or divulge or publish the existence,
contents, substance, purport, effect, or meaning of the intercepted communication to any person.
(c) A person who is not entitled to a communication but who has received the communication may not use it or any information contained in it for personal benefit or another's benefit.
(d) A person who has received a communication and who knows or reasonably should know that the communication and the information contained in it was obtained in violation of this section may not divulge or publish the existence,
contents, substance, purport, effect, or meaning of the communication or any part of the communication.
(e) A person who has become acquainted with a communication or the information contained in it, and who is not entitled to the communication, may not use the same for personal benefit or another's benefit, or divulge or publish the existence,
contents, substance, purport, effect, or meaning of the communication or any part of the communication.
(a) The following activities are exempt from the provisions of AS 42.20.300 and 42.20.310:
(1) listening to a radio or wireless communications of any sort where the same are publicly made;
(2) hearing conversation when heard by employees of a common carrier by wire incidental to the normal course of their employment in the operation, maintenance, or repair of the equipment of the common carrier by wire, provided the information obtained is not used or divulged in any manner by the hearer;
(3) a broadcast by radio or other means whether it is a live broadcast or recorded for the purpose of later broadcasts of any function where the public is in attendance and the conversations that are overheard are incidental to the main purpose for which the broadcast is then being made;
(4) recording or listening with the aid of any device to an emergency communication made in the normal course of operations by a federal, state, or local law enforcement agency or institutions dealing in emergency services,
including hospitals, clinics, ambulance services, fire fighting agencies, a public utility emergency repair facility,
civilian defense establishment, or military installations;
(5) inadvertent interception of telephone conversations over party lines;
(6) a peace officer, or a person acting at the direction or request of a peace officer, engaging in conduct authorized by or under AS 12.37;
(7) interception, listening, or recording of communications by a peace officer, or a person acting under the direction or request of a peace officer, in an emergency where the communications are received from a device that intercepts the communications of a person
(A) barricaded and not exiting or surrendering at the direction or request of a peace officer, in circumstances where there is an imminent risk of harm to life or property;
(B) holding another person hostage; or
(C) threatening the imminent illegal use of an explosive;
(8) the interception by a peace officer of an oral communication by use of an electronic, mechanical, or other eavesdropping device that is concealed on or carried on the person of the peace officer and that transmits that oral communication by means of radio to a receiving unit that is monitored by other peace officers, if
(A) the interception and monitoring occurs
(i) during the investigation of a crime or the arrest of a person for a crime; and
(ii) for the purpose of ensuring the safety of the peace officer conducting the investigation or making the arrest;
(B) the peace officer who intercepts the oral communication is a party to the communication and has consented to the interception; and
(C) the communication intercepted is not recorded.
(b) Notwithstanding any other provision of law, a person who inadvertently intercepts a private communication that appears to pertain to the commission of a crime may report the information to a law enforcement agency.
(c) In this section, 'explosive' has the meaning given in AS 11.81.900.
In AS 42.20.300
(1) 'communications common carrier' means a business or person engaged as a common carrier for hire in the transmission of communications by wire, cable, satellite, electromagnetic waves, or radio, not including radio broadcasting;
(2) 'contents' includes information obtained from a private communication concerning the existence, substance, purport, or meaning of the communication, or the identity of a party of the communication;
(3) 'eavesdropping device' means a device or apparatus, including an induction coil, that can be used to intercept an oral, wire, or electronic communication, other than
(A) a hearing aid or similar device used for the restoration of subnormal hearing to not better than normal; or
(B) a telephone or telegraph instrument, equipment, or facility, or any component of such an instrument, equipment, or facility
(i) being used by a provider of wire or electronic communication service in the ordinary course of its business; or
(ii) furnished to a subscriber or user by a provider of wire or electronic communication service in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business;
(4) 'electronic communication' means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photo-optical system,
including a cellular or cordless telephone communication, but does not include
(A) wire or oral communications;
(B) communications made through a tone-only paging device;
(C) communications made through a tracking device consisting of an electronic or mechanical device that permits the tracking of the movement of a person or object; or
(D) communications that are disseminated by the sender with the intent or expectation, or through a method of transmission that is so configured, that the communication is readily accessible to the general public;
(5) 'electronic communication service' means a service that provides to users of the service the ability to send or receive wire or electronic communications;
(6) 'employee' includes a person who is an officer, agent, or employee of, or a person under contract with, a business or a government entity;
(7) 'intercept' means the aural or other acquisition of the contents of an oral, wire, or electronic communication through the use of any electronic, mechanical, or other device, including the acquisition of the contents by simultaneous transmission or by recording;
(8) 'oral communication' means human speech used to communicate information from one party to another;
(9) 'private communication' means an oral, wire, or electronic communication uttered or transmitted by a person who has a reasonable expectation that the communication is not subject to interception;
(10) 'wire communication' means human speech used to communicate information from one party to another in whole or in part through the use of facilities for the transmission of communications by wire, cable, or other similar connection between the point of origin and the point of reception furnished or operated by a telephone, telegraph, or radio company for hire as a communications common carrier, but does not include the radio portion of a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit.