Georgia Commons

Title 46. PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

Chapter 5. TELEPHONE SERVICE

145 sections · 46-5-1 to 46-5-252

Article 1. GENERAL PROVISIONS

  1. 46-5-1Exercise of eminent domain by telephone companies; posts and other fixture placement; construction regulation near railroad tracks; liability; required information; due compensation.
  2. 46-5-2Avoiding or attempting to avoid charges for use of telecommunication service; penalties; computation of damages.
  3. 46-5-3Actions related to theft of telecommunication service; concealing origin or destination of any telecommunication; compensatory damages.
  4. 46-5-4Seizure and disposal of devices, equipment, or any plan or instruction used for committing theft of telecommunications service.
  5. 46-5-5Inclusion of local exchanges 495 and 567 in area code 404.
  6. 46-5-6Exclusive power and authority of the commission to prescribe rules and regulations regarding public pay telephones.
  7. 46-5-7Plan to ensure confidentiality of family violence shelters’ addresses and locations.
  8. 46-5-8Termination of wireless communications service contracts by service members.

Article 2. TELEPHONE SERVICE · Part 1. GENERAL PROVISIONS

  1. 46-5-20Judicial proceedings for disconnection and removal of illegally used telephone facilities; liability of telephone companies for complying with order of disconnection and removal.
  2. 46-5-21Using telephone communications for obscene, threatening, or harassing purposes.
  3. 46-5-22Using telephone communications for obscene comments, requests, or suggestions; injunction; recorded commercial message.
  4. 46-5-23Use of automatic dialing and recorded message (ADAD) equipment.
  5. 46-5-24Use of certain telephone numbers by ADAD equipment prohibited.
  6. 46-5-25Transmission of unsolicited commercial facsimile messages.
  7. 46-5-26Access to live telephone operator.
  8. 46-5-27Telephone solicitation calls; do not call data base.
  9. 46-5-28Consent required for inclusion in telephone data base or directory; exceptions; disclosure to telemarketers; violations; immunity.

Article 2. TELEPHONE SERVICE · Part 1A. TELEPHONE SYSTEM FOR THE PHYSICALLY IMPAIRED

  1. 46-5-30Establishment, administration, and operation of state-wide dual party relay service and audible universal information access service.
  2. 46-5-31Rates and charges; surcharge not includable in gross receipts subject to franchise tax.

Article 2. TELEPHONE SERVICE · Part 2. CONSTRUCTION AND OPERATION OF LINES, PLANTS, OR SYSTEMS GENERALLY

  1. 46-5-40“Person” defined.
  2. 46-5-41Obtaining of certificate of public convenience and necessity for construction, operation, acquisition, or extension of telephone lines, plants, or systems.
  3. 46-5-42Interference with existing telephone lines, plants, or systems by person constructing or extending a telephone line, plant, or system.
  4. 46-5-43Prescription by commission of rules and regulations as to application for certificate of public convenience and necessity; giving notice of receipt of application.
  5. 46-5-44Power of commission to issue or deny certificate.
  6. 46-5-45Filing complaints with commission regarding persons constructing, operating, or acquiring telephone line, plant, or system without certificate.

Article 2. TELEPHONE SERVICE · Part 3. RURAL TELEPHONE COOPERATIVES

  1. 46-5-60Short title.
  2. 46-5-61Declaration of purpose.
  3. 46-5-62Definitions.
  4. 46-5-63Powers of cooperatives generally.
  5. 46-5-64Power of superior court to create cooperatives, to approve amendments to their articles of incorporation, conversion, consolidation, merger, or dissolution.
  6. 46-5-64.1Venue determinations.
  7. 46-5-65Names of cooperatives.
  8. 46-5-66Incorporators.
  9. 46-5-67Contents of articles of incorporation; signing and acknowledgment; recitation of purpose and powers; statements regarding issuance of nonvoting shares of stock.
  10. 46-5-68Presentation of articles of incorporation to superior court for approval; accompaniment of articles by Secretary of State’s certificate and by required affidavits.
  11. 46-5-69Approval of articles by judicial order; application as constituting charter of cooperative.
  12. 46-5-70Filing of articles with clerk of court.
  13. 46-5-71Submittal to clerk of publisher’s affidavit.
  14. 46-5-72Time of advertisement of articles; appearance of advertisements prior to granting of charter.
  15. 46-5-73Duty of clerk to deliver to applicants certified copies of articles and of order thereon.
  16. 46-5-74Filing of copies of articles and order with Secretary of State; payment of fee.
  17. 46-5-75Certificate of Secretary of State.
  18. 46-5-76Certified copies of charter and Secretary of State’s certificate as evidence of incorporation of cooperative and of nature and contents of charter.
  19. 46-5-77Time of corporate existence of cooperative.
  20. 46-5-78Bylaws of cooperative generally.
  21. 46-5-79Qualifications for membership in cooperative; certificate of membership; share certificates; payment for shares of stock.
  22. 46-5-80Member meetings.
  23. 46-5-81Waiver of notice of member meetings.
  24. 46-5-82Board of directors.
  25. 46-5-83Division of service territory into districts; election of district delegates; boundaries of districts; voting by members at district meetings and by district delegates at any meeting.
  26. 46-5-84Officers of cooperative.
  27. 46-5-85Amendment of articles of incorporation.
  28. 46-5-86Change of location of principal office.
  29. 46-5-87Consolidation of cooperatives.
  30. 46-5-88Merger of cooperatives.
  31. 46-5-89Effect of consolidation or merger.
  32. 46-5-90Conversion of telephone corporation into a cooperative; consolidation of telephone corporations into a cooperative.
  33. 46-5-91Dissolution of cooperatives.
  34. 46-5-92Operation of cooperatives on nonprofit basis; contents of bylaws and of contracts with members and patrons regarding nonprofit operation.
  35. 46-5-92.1Payment of revenues; priority of payments.
  36. 46-5-93Securing indebtedness of cooperative to the federal government; tax exemption for mortgages and deeds of trust; sale, pledge, or encumbrance of property.
  37. 46-5-94Liability of members and shareholders for debts of cooperative.
  38. 46-5-95Effect of recordation of mortgage, deed of trust, or other instrument of real and personal property of cooperative.
  39. 46-5-96Construction standards.
  40. 46-5-97Limitation of actions.
  41. 46-5-98Taking of acknowledgments by officers, trustees, members, or shareholders of cooperatives.
  42. 46-5-99Extension of telephone service into state by foreign nonprofit or cooperative corporations; Secretary of State as agent for foreign corporations; rights and powers of foreign corporations.
  43. 46-5-100Fees.
  44. 46-5-101Annual license fee; exemption of cooperatives from taxation.
  45. 46-5-102Interconnection of lines, facilities, or systems of cooperatives and other telephone companies.
  46. 46-5-103Jurisdiction of commission.
  47. 46-5-104Applicability of Chapter 5 of Title 10.
  48. 46-5-105Construction of part.

Article 2. TELEPHONE SERVICE · Part 4. EMERGENCY TELEPHONE NUMBER 9-1-1 SYSTEM

  1. 46-5-120Short title.
  2. 46-5-121Legislative intent.
  3. 46-5-122Definitions.
  4. 46-5-123Creation of 9-1-1 Advisory Committee; selection of members; filling of vacancies; organization; roles and responsibilities.Reserved
  5. 46-5-124Guidelines for implementing state-wide emergency 9-1-1 system; training and equipment standards.
  6. 46-5-124.1Registration requirements for service suppliers or others; updating information; compliance; notices of deficiency or noncompliance.
  7. 46-5-125Formation of multijurisdictional and regional 9-1-1 systems.
  8. 46-5-126Cooperation by commission and telephone industry.
  9. 46-5-127Approval of 9-1-1 systems by agency; written confirmation by authority required for 9-1-1 systems established.
  10. 46-5-128Cooperation by public agencies.
  11. 46-5-129Use of 9-1-1 emblem.
  12. 46-5-130Federal assistance.
  13. 46-5-131Exemptions from liability in operation of 9-1-1 system.
  14. 46-5-132Fees by service supplier.
  15. 46-5-133Authority of local government to adopt resolution to impose monthly 9-1-1 charge.
  16. 46-5-134Subscriber billing; subscriber service charge liability; service tax; Emergency Telephone System Fund established; cost recovery fee; records; use of funds.
  17. 46-5-134.1Counties where the governing bodies of more than one local government have adopted a resolution to impose an enhanced 9-1-1 charge.
  18. 46-5-134.2Prepaid wireless 9-1-1 charge; imposition of fee by localities; collection and remission of charges; distribution of funds.
  19. 46-5-135Liability of service supplier in civil action.
  20. 46-5-136Authority of local government to create advisory board.
  21. 46-5-137Powers of commission not affected.
  22. 46-5-138Joint authorities.
  23. 46-5-138.1Guidelines pertaining to additional charges involving contracts between two or more counties.
  24. 46-5-138.2Director; training and instruction.
  25. 46-5-139Joint Study Committee on Wireless Enhanced 9-1-1 Charges.Reserved

Article 3. TELEGRAPH SERVICE

  1. 46-5-140 to 46-5-149(no catchline printed)Reserved

Article 4. TELECOMMUNICATIONS AND COMPETITION DEVELOPMENT

  1. 46-5-160Short title.
  2. 46-5-161Legislative findings; intent.
  3. 46-5-162Definitions.
  4. 46-5-163Certificates of authority.
  5. 46-5-164Interconnection among certificated local exchange companies.
  6. 46-5-165Alternative regulation of rates, terms, and conditions.
  7. 46-5-166Rates for switched access.
  8. 46-5-167Universal Access Fund.
  9. 46-5-168Jurisdiction and authority of commission.
  10. 46-5-169Company obligations associated with alternative regulation.
  11. 46-5-170Access to local telephone numbering resources and assignments.
  12. 46-5-171Local call charges based on duration or time of call prohibited.
  13. 46-5-171.1Written authorization required by customer prior to being charged for service initiated by a third party.
  14. 46-5-172Annual report of Tier 1 company’s investment commitment.
  15. 46-5-173Unpublished telephone identification.
  16. 46-5-174Commission’s annual report to General Assembly.

Article 5. TELECOMMUNICATIONS MARKETING ACT OF 1998

  1. 46-5-180Short title.
  2. 46-5-181Definitions.
  3. 46-5-182Certification of telecommunications companies which bill for or solicit intrastate telecommunications services.
  4. 46-5-183Procedures for confirmation of changes in selection of a primary local exchange or long distance carrier generated by telemarketing.
  5. 46-5-184Contents of letter of agency.
  6. 46-5-185Investigation and reporting requirements.
  7. 46-5-186Time limit on certain actions of local exchange carrier.
  8. 46-5-187Abusive telemarketing acts or practices.
  9. 46-5-188Forgery or falsification prohibited.
  10. 46-5-189Penalty for willful violation of article.
  11. 46-5-190Factual findings by Georgia Public Service Commission.
  12. 46-5-191Cause of action for damages resulting from violations of this article.
  13. 46-5-192Construction.

Article 6. DISCLOSURE OF CERTAIN CUSTOMER INFORMATION

  1. 46-5-210Definitions.
  2. 46-5-211Consent of end user required for release of telephone records; law enforcement exception.
  3. 46-5-212Security certification required.
  4. 46-5-213Circumstances to which this article not applicable.
  5. 46-5-214Response to telephone record security breach; Georgia resident notification; law enforcement exception; unfair or deceptive practice.

Article 7. COMPETITIVE EMERGING COMMUNICATIONS TECHNOLOGIES

  1. 46-5-220Short title.
  2. 46-5-221Definitions.
  3. 46-5-222No commission authority to set rates or terms and conditions for broadband or other services; construction.

Article 8. TELEPHONE RECORDS PROTECTION

  1. 46-5-230Short title.
  2. 46-5-231Definitions.
  3. 46-5-232Penalties.
  4. 46-5-233Article not to be construed so as to prevent certain law enforcement actions.
  5. 46-5-234Other circumstances to which this article not applicable.
  6. 46-5-235No private right of action created.

Article 9. RETAIL TELECOMMUNICATIONS SERVICES

  1. 46-5-250“Retail telecommunications service” defined.
  2. 46-5-251Authority of Georgia Public Service Commission limited.
  3. 46-5-252Prohibition against passing cost of compliance on to consumers.