Georgia Code
Part 4 - Emergency Telephone Number 9-1-1 System
§ 46-5-134. Billing of Subscribers; Liability of Subscriber for Service Charge; Taxes on Service; Establishment of Emergency Telephone System Fund; Cost Recovery Fee; Records; Use of Funds

(ii) In computing the amount due under this subsection, the number of 9-1-1 charges a telephone subscriber shall be assessed shall not exceed the number of simultaneous outbound calls that can be made from voice channels the service supplier has activated and enabled. For telephone service that provides to multiple locations shared simultaneous outbound voice channel capacity configured to and capable of accessing a 9-1-1 system in different states, the monthly 9-1-1 charge shall be assessed only for the portion of such shared voice channel capacity in this state as identified by the service supplier’s books and records. In determining the portion of shared capacity in this state, a service supplier may rely on, among other factors, a customer’s certification of its allocation of capacity in this state, which may be based on each end user location, the total number of end users, and the number of end users at each end user location.
History. Code 1981, § 46-5-134 , enacted by Ga. L. 1990, p. 179, § 4; Ga. L. 1991, p. 93, § 2; Ga. L. 1991, p. 94, § 46; Ga. L. 1993, p. 1368, § 2; Ga. L. 1998, p. 1017, § 11; Ga. L. 1999, p. 81, § 46; Ga. L. 1999, p. 466, § 1; Ga. L. 1999, p. 873, § 5; Ga. L. 2000, p. 136, § 46; Ga. L. 2002, p. 970, § 3; Ga. L. 2005, p. 660, § 9/HB 470; Ga. L. 2006, p. 72, § 46/SB 465; Ga. L. 2007, p. 318, § 2/HB 394; Ga. L. 2011, p. 240, § 3/HB 280; Ga. L. 2011, p. 563, § 1.1/SB 156; Ga. L. 2012, p. 775, § 46/HB 942; Ga. L. 2012, p. 820, § 3/HB 1049; Ga. L. 2018, p. 689, § 2-12/HB 751.
The 2002 amendment, effective May 14, 2002, added subparagraph (a)(2)(D). See Editor’s notes for applicability.
The 2005 amendment, effective July 1, 2005, rewrote this Code section.
The 2006 amendment, effective April 14, 2006, part of an Act to revise, modernize, and correct the Code, substituted “service suppliers” for “service providers” in the last sentence of paragraph (m)(2).
The 2007 amendment, effective July 1, 2007, rewrote subsection (a); inserted “charges” and “charge” throughout the Code section; deleted “the” preceding “said” in the first sentence of paragraph (d)(5); in subsection (f), added “or who work as directors as that term is defined in Code Section 46-5-138.2” at the end of paragraph (f)(3), and inserted “system” near the end of paragraph (f)(7); substituted “enhanced 9-1-1 service” for “9-1-1 enhanced communications” near the end of the introductory paragraph of subsection (g); and substituted “system” for “service” near the end of subsection (k).
The 2011 amendments.
The first 2011 amendment, effective July 1, 2011, designated the existing provisions of subsection (f) as paragraph (f)(1); redesignated former paragraphs (f)(1) through (f)(3) as present subparagraphs (f)(1)(A) through (f)(1)(C), respectively; substituted the present provisions of subparagraph (f)(1)(C) for the former provisions, which read: “The actual cost of salaries, including benefits, of employees hired by the local government solely for the operation and maintenance of the emergency 9-1-1 system and the actual cost of training such of those employees who work as dispatchers or who work as directors as that term is defined in Code Section 46-5-138.2;”; added subparagraph (f)(1)(D); redesignated former paragraphs (f)(4) through (f)(8) as present subparagraphs (f)(1)(E) through (f)(1)(I), respectively; substituted “shall not” for “cannot” in the second sentence of subparagraph (f)(1)(F); added “and automatic vehicle location systems” at the end of subparagraph (f)(1)(G); and added paragraph (f)(2). The second 2011 amendment, effective July 1, 2011, substituted the present provisions of paragraph (m)(1), for the former provisions, which read: “Any local government collecting or expending any 9-1-1 charges or wireless enhanced 9-1-1 charges in any fiscal year beginning on or after July 1, 2005, shall file an annual report of its collections and expenditures in conjunction with the annual audit required under Code Section 36-81-7. The form shall be designed by the state auditor and shall be distributed to local governments administering such funds. The annual report shall require certification by the recipient local government and by the local government auditor that funds were expended in compliance with the expenditure requirements of this Code section.”
The 2012 amendments.
The first 2012 amendment, effective May 1, 2012, part of an Act to revise, modernize, and correct the Code, revised language and punctuation in this Code section; substituted “maintenance of the emergency 9-1-1 system” for “maintenance of emergency 9-1-1 system” in subparagraph (f)(1)(D); and substituted “shall certify in its audit” for “shall certify in their audit” in paragraph (m)(1). The second 2012 amendment, effective July 1, 2012, designated the existing provisions of subsection (e) as paragraph (e)(1) and added paragraph (e)(2).
The 2018 amendment, effective January 1, 2019, rewrote this Code section. See Editor’s notes for applicability.
Editor’s notes.
Ga. L. 2002, p. 970, § 4, not codified by the General Assembly, provides: “If a court of competent jurisdiction enters a final judgment on the merits that is based on federal law, is no longer subject to appeal, and substantially limits or impairs the essential elements of Sections 116 through 126 of Title 4 U.S.C., then all provisions and applications of this Act are declared to be invalid and have no legal effect as of the date of entry of such judgment.”
Ga. L. 2002, p. 970, § 5, not codified by the General Assembly, provides that this Act “shall apply to charges for mobile telecommunications services reflected on customer bills issued on or after August 2, 2002.”
Ga. L. 2018, p. 689, § 4-1(b)/HB 751, not codified by the General Assembly, provides that: “The provisions of this Act shall not in any manner diminish, extinguish, reduce, or affect any cause of action for audits, services, or the recovery of funds from service providers which may have existed prior to January 1, 2019. Any such cause of action is expressly preserved.