Georgia Code
Part 3 - Rural Telephone Cooperatives
§ 46-5-62. Definitions

As used in this part, the term:
(.1) “Broadband affiliate” means any person which directly or indirectly controls, is controlled by, or is under common control of one or more cooperatives and which is used to provide broadband services.
(.2) “Broadband services” means a wired or wireless service that consists of the capability to transmit data to and from end users and in combination with such service provides:
Such term shall include any facilities and equipment associated with such a service and any application or information content to be provided over such a service.
(A) The boundaries of an incorporated or unincorporated city, town, village, or borough having a population in excess of 15,000 inhabitants according to the last preceding federal census; and
(B) Any suburban or populated area contiguous to the boundaries of any such city, town, village, or borough, which area has a common economic, social, or administrative interest with any such city, town, village, or borough.
History. Ga. L. 1950, p. 192, § 3; Ga. L. 1952, p. 4, § 1; Ga. L. 2019, p. 233, § 2/SB 17.
The 2019 amendment, effective April 26, 2019, added paragraphs (.1) and (.2), and in subparagraph (3)(A), substituted “15,000 inhabitants” for “1,500 inhabitants”.

Structure Georgia Code

Georgia Code

Title 46 - Public Utilities and Public Transportation

Chapter 5 - Telephone Service

Article 2 - Telephone Service

Part 3 - Rural Telephone Cooperatives

§ 46-5-60. Short Title

§ 46-5-61. Declaration of Purpose

§ 46-5-62. Definitions

§ 46-5-63. Powers of Cooperatives Generally

§ 46-5-64. Power of Superior Court to Create Cooperatives, to Approve Amendments to Their Articles of Incorporation, Conversion, Consolidation, Merger, or Dissolution

§ 46-5-64.1. Venue Determinations

§ 46-5-65. Names of Cooperatives

§ 46-5-66. Incorporators

§ 46-5-67. Contents of Articles of Incorporation; Signing and Acknowledgment; Recitation of Purpose and Powers; Statements Regarding Issuance of Nonvoting Shares of Stock

§ 46-5-68. Presentation of Articles of Incorporation to Superior Court for Approval; Accompaniment of Articles by Secretary of State’s Certificate and by Required Affidavits

§ 46-5-69. Approval of Articles by Judicial Order; Application as Constituting Charter of Cooperative

§ 46-5-70. Filing of Articles With Clerk of Court

§ 46-5-71. Submittal to Clerk of Publisher’s Affidavit

§ 46-5-72. Time of Advertisement of Articles; Appearance of Advertisements Prior to Granting of Charter

§ 46-5-73. Duty of Clerk to Deliver to Applicants Certified Copies of Articles and of Order Thereon

§ 46-5-74. Filing of Copies of Articles and Order With Secretary of State; Payment of Fee

§ 46-5-75. Certificate of Secretary of State

§ 46-5-76. Certified Copies of Charter and Secretary of State’s Certificate as Evidence of Incorporation of Cooperative and of Nature and Contents of Charter

§ 46-5-77. Time of Corporate Existence of Cooperative

§ 46-5-78. Bylaws of Cooperative Generally

§ 46-5-79. Qualifications for Membership in Cooperative; Certificate of Membership; Share Certificates; Payment for Shares of Stock

§ 46-5-80. Meetings of Members — Generally

§ 46-5-81. Meetings of Members — Waiver of Notice

§ 46-5-82. Board of Directors

§ 46-5-83. Division 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

§ 46-5-84. Officers of Cooperative

§ 46-5-85. Amendment of Articles of Incorporation

§ 46-5-86. Change of Location of Principal Office

§ 46-5-87. Consolidation of Cooperatives

§ 46-5-88. Merger of Cooperatives

§ 46-5-89. Effect of Consolidation or Merger

§ 46-5-90. Conversion of Telephone Corporation Into a Cooperative; Consolidation of Telephone Corporations Into a Cooperative

§ 46-5-91. Dissolution of Cooperatives

§ 46-5-92. Operation of Cooperatives on Nonprofit Basis; Contents of Bylaws and of Contracts With Members and Patrons Regarding Nonprofit Operation

§ 46-5-92.1. Payment of Revenues; Priority of Payments

§ 46-5-93. Pledging or Encumbering of Property, Assets, Rights, and Privileges of Cooperative by Board of Directors to Secure Indebtedness to Federal Government; Tax Exemption for Mortgages and Deeds of Trust; Sale, Pledge, or Encumbrance of Property

§ 46-5-94. Liability of Members and Shareholders for Debts of Cooperative

§ 46-5-95. Effect of Recordation of Mortgage, Deed of Trust, or Other Instrument of Real and Personal Property of Cooperative

§ 46-5-96. Construction Standards

§ 46-5-97. Limitation of Actions

§ 46-5-98. Taking of Acknowledgments by Officers, Trustees, Members, or Shareholders of Cooperatives

§ 46-5-99. Extension 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

§ 46-5-100. Fees

§ 46-5-101. Annual License Fee; Exemption of Cooperatives From Taxation

§ 46-5-102. Interconnection of Lines, Facilities, or Systems of Cooperatives and Other Telephone Companies

§ 46-5-103. Jurisdiction of Commission

§ 46-5-104. Applicability of Chapter 5 of Title 10

§ 46-5-105. Construction of Part