FCC Beep Tone

In this project, I will show you a very easy way to record any phone conversation LEGALLY, without having to provide "verbal" notification. This is accomplished by playing an FCC Beep Tone that is automatically mixed into the phone call recording. I generated a 2-min. MP3 audio file to the specifications of the FCC Beep Tone that can be easily copied to a spare cell phone - flip phone, smart phone, it doesn't matter. The cell phone is then placed close to the actual phone on which you are talking. The MP3 file is played continuously while it is in speakerphone mode so it is easily heard by the other party to the call. 

• Mobile phone. Who doesn't have one of those.
• Spare flip phone, smart phone, or other device to play an MP3 through a speaker.
• Voice recorder, or recording app, or other recording device.

The Federal Communications Commission (FCC) originally regulated the recording of phone calls (48 C.F.R. Sec. 64.501) but has since divested itself of that responsibility, which now falls upon the States. See Step 3 of this project for more information.

The rules are pretty simple. Depending upon which State you live in, either one party or both parties to the phone call must provide notification to the other party in order to "legally" record the call. However, notification need not be verbal! It can be in the form of an FCC Beep tone. The specifications for the Beep Tone are presented in Title 47 Section 64.501 of the U.S Code.

According to the FCC specification, the signal strength level of the beeps must equal the average telephone talking level. You will have to adjust the volume to be close to the average telephone talking level.

Furthermore, the "loose" specification does not dictate what type of waveform, i.e. sine, square, sawtooth, etc. thus provides some wiggle room to optimize the sound of the tone. I generated a sine wave for the Beep Tone.

The beauty of this project is that you need not "verbally" inform the other party that the call is being recorded which might otherwise cause that party to refuse to consent to the recording resulting in that party hanging up the phone. The other party might not be aware of the FCC Beep Tone and wonder about the tone they are hearing and ask you what that beep tone is. You could answer with "I don't know" or "what beep tone? I dont hear anything". You have no obligation to tell them. The Beep Tone itself meets the requirement of "notification" and lets you legally record the call. In fact, in a 2011 California case, Kight v. CashCall, Inc., the court relied on the administrative opinion and concluded that beep tones give proper notice to all parties to a conversation.

Another benefit of using the Beep Tone is that if you plan to use the recording in Court, It's legal, and the opposing party can't accuse you of otherwise illegally recording the call by contending that you recorded the call while you were physically in a two-party State at the time of the recording, or that you never "notified" them that you were recording the call.

And finally, another benefit of using the Beep Tone, by the method laid out in this project, is that it will work in conjunction with ANY recording app, voice recorder, or device you may already be using to record the phone call since the beep tone is playing on a separate device.

I recommend playing the 2-minute MP3 file (in repeat, or loop mode) so it continues to play no matter how long the call lasts. Of course you only hear the quick "beep" every 12-15 seconds, as it's intended.

I don't recommend using a portable MP3 player unless it has a speaker or unless you connect a speaker to it, so it can be heard.

Below, you will find the MP3 file to download and copy onto your spare phone or other device.

If you are interested in learning more about the recording of calls, there's lots of information on the internet. Here are some links to the laws.

• https://www.fcc.gov/consumers/guides/recording-telephone-conversations
• Title 47 §64.501 Recording of telephone conversations with telephone companies.
• 18 U.S.C. 2511(2)(d) It shall not be unlawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any State. 

State laws can change at any time.

Check with your state's laws prior to recording any telephone call.