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Part 1 - General Provisions
§ 46-5-20. Judicial Proceedings for Disconnection and Removal of Illegally Used Telephone Facilities; Liability of Telephone Companies for Complying With Order of Disconnection and Removal - History. Ga. L. 1962, p. 149, §§ 1-3; Ga. L....
§ 46-5-21. Using Telephone Communications for Obscene, Threatening, or Harassing Purposes - History. Ga. L. 1968, p. 9, § 1. Cross references....
§ 46-5-22. Using Telephone Communications for Obscene Comments, Requests, or Suggestions; Injunction; Recorded Commercial Message - History. Code 1981, § 46-5-22 , enacted by Ga. L....
§ 46-5-23. Use of Automatic Dialing and Recorded Message (Adad) Equipment - History. Code 1981, § 46-5-23 , enacted by Ga. L....
§ 46-5-24. Use of Certain Telephone Numbers by Adad Equipment Prohibited - History. Code 1981, § 46-5-24 , enacted by Ga. L....
§ 46-5-25. Transmission of Unsolicited Commercial Facsimile Messages - History. Code 1981, § 46-5-25 , enacted by Ga. L....
§ 46-5-26. Access to Live Telephone Operator - History. Code 1981, § 46-5-26 , enacted by Ga. L....
§ 46-5-27. Telephone Solicitations to Residential, Mobile, or Wireless Subscribers; Public Service Commission to Establish and Maintain List of Certain Subscribers; Authorization for Imposition of Administrative Fees; Confidential Nature of Da... - Such communication may be from a live operator, through the...
§ 46-5-28. Consent Required for Inclusion of Subscribers’ Names or Dialing Numbers in a Wireless Telephone Data Base or a Traditional Telephone Directory; Exceptions; Disclosure of Wireless Numbers to Telemarketers Prohibited; Violations; Immunity of... - History. Code 1981, § 46-5-28 , enacted by Ga. L....
Part 1A - Telephone System for the Physically Impaired
§ 46-5-30. Establishment, Administration, and Operation of State-Wide Dual Party Relay Service and Audible Universal Information Access Service - History. Code 1981, § 46-5-30 , enacted by Ga. L....
§ 46-5-31. Rates and Charges; Surcharge Not Includable in Gross Receipts Subject to Franchise Tax - History. Code 1981, § 46-5-31 , enacted by Ga. L....
Part 2 - Construction and Operation of Lines, Plants, or Systems Generally
§ 46-5-40. “Person” Defined - As used in this part, the term “person” means: History....
§ 46-5-41. Obtaining of Certificate of Public Convenience and Necessity for Construction, Operation, Acquisition, or Extension of Telephone Lines, Plants, or Systems - No person shall construct or operate any telephone line, plant,...
§ 46-5-42. Interference With Existing Telephone Lines, Plants, or Systems by Person Constructing or Extending a Telephone Line, Plant, or System - If any person, in constructing or extending his telephone line,...
§ 46-5-43. Prescription by Commission of Rules and Regulations as to Application for Certificate of Public Convenience and Necessity; Giving Notice of Receipt of Application - The application for any certificate of public convenience and necessity...
§ 46-5-44. Power of Commission to Issue or Deny Certificate - The commission shall have power, after a hearing, either to...
§ 46-5-45. Filing Complaints With Commission Regarding Persons Constructing, Operating, or Acquiring Telephone Line, Plant, or System Without Certificate - Whenever any person is engaged in or is about to...
Part 3 - Rural Telephone Cooperatives
§ 46-5-60. Short Title - This part may be cited as the “Rural Telephone Cooperative...
§ 46-5-61. Declaration of Purpose - Cooperative nonprofit corporations may be organized under this part for...
§ 46-5-62. Definitions - As used in this part, the term: (.1) “Broadband affiliate”...
§ 46-5-63. Powers of Cooperatives Generally - A cooperative shall have power: (4.1) To furnish, improve, and...
§ 46-5-64. Power of Superior Court to Create Cooperatives, to Approve Amendments to Their Articles of Incorporation, Conversion, Consolidation, Merger, or Dissolution - The superior court shall have power, by compliance with this...
§ 46-5-64.1. Venue Determinations - History. Code 1981, § 46-5-64.1 , enacted by Ga. L....
§ 46-5-65. Names of Cooperatives - it shall appear that the cooperative desires to do business...
§ 46-5-66. Incorporators - Five or more persons, including cooperatives, may organize a cooperative...
§ 46-5-67. Contents of Articles of Incorporation; Signing and Acknowledgment; Recitation of Purpose and Powers; Statements Regarding Issuance of Nonvoting Shares of Stock - History. Ga. L. 1950, p. 192, § 8.
§ 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 - The articles of incorporation, executed and acknowledged in accordance with...
§ 46-5-69. Approval of Articles by Judicial Order; Application as Constituting Charter of Cooperative - Upon presentation of the articles of incorporation to the superior...
§ 46-5-70. Filing of Articles With Clerk of Court - The applicants shall file the application, including the articles of...
§ 46-5-71. Submittal to Clerk of Publisher’s Affidavit - The applicants shall submit to the clerk, along with the...
§ 46-5-72. Time of Advertisement of Articles; Appearance of Advertisements Prior to Granting of Charter - The first of said advertisements shall appear within one week...
§ 46-5-73. Duty of Clerk to Deliver to Applicants Certified Copies of Articles and of Order Thereon - Upon the filing of the articles of incorporation and the...
§ 46-5-74. Filing of Copies of Articles and Order With Secretary of State; Payment of Fee - Upon receiving the two certified copies of the articles of...
§ 46-5-75. Certificate of Secretary of State - The Secretary of State shall thereupon attach to one of...
§ 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 - Such certified copies of the charter, together with the certificate...
§ 46-5-77. Time of Corporate Existence of Cooperative - The corporate existence of the cooperative shall begin at the...
§ 46-5-78. Bylaws of Cooperative Generally - The board of directors shall adopt the first bylaws of...
§ 46-5-79. Qualifications for Membership in Cooperative; Certificate of Membership; Share Certificates; Payment for Shares of Stock - History. Ga. L. 1950, p. 192, § 20.
§ 46-5-80. Meetings of Members — Generally - History. Ga. L. 1950, p. 192, § 21.
§ 46-5-81. Meetings of Members — Waiver of Notice - Any person entitled to notice of a meeting may waive...
§ 46-5-82. Board of Directors - History. Ga. L. 1950, p. 192, § 23.
§ 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 - The bylaws may provide for the division of the territory...
§ 46-5-84. Officers of Cooperative - The officers of a cooperative shall consist of a president,...
§ 46-5-85. Amendment of Articles of Incorporation - History. Ga. L. 1950, p. 192, § 26.
§ 46-5-86. Change of Location of Principal Office - A cooperative may, upon authorization of its members or board...
§ 46-5-87. Consolidation of Cooperatives - Any two or more cooperatives (each of which is designated...
§ 46-5-88. Merger of Cooperatives - Any one or more cooperatives (each of which is designated...
§ 46-5-89. Effect of Consolidation or Merger - History. Ga. L. 1950, p. 192, § 30.
§ 46-5-90. Conversion of Telephone Corporation Into a Cooperative; Consolidation of Telephone Corporations Into a Cooperative - In addition, the articles of conversion may contain any provisions,...
§ 46-5-91. Dissolution of Cooperatives - The judge shall examine into the facts, and if he...
§ 46-5-92. Operation of Cooperatives on Nonprofit Basis; Contents of Bylaws and of Contracts With Members and Patrons Regarding Nonprofit Operation - A cooperative shall be operated on a nonprofit basis for...
§ 46-5-92.1. Payment of Revenues; Priority of Payments - History. Code 1981, § 46-5-92.1 , enacted by Ga. L....
§ 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 - History. Ga. L. 1950, p. 192, § 34.
§ 46-5-94. Liability of Members and Shareholders for Debts of Cooperative - No member or shareholder shall be liable or responsible for...
§ 46-5-95. Effect of Recordation of Mortgage, Deed of Trust, or Other Instrument of Real and Personal Property of Cooperative - Any mortgage, deed of trust, or other instrument executed by...
§ 46-5-96. Construction Standards - Construction of telephone lines and facilities by a cooperative shall,...
§ 46-5-97. Limitation of Actions - All rights of action accruing against any cooperative or any...
§ 46-5-98. Taking of Acknowledgments by Officers, Trustees, Members, or Shareholders of Cooperatives - No person who is authorized to take acknowledgments under the...
§ 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 - Any foreign nonprofit or cooperative corporation furnishing or authorized to...
§ 46-5-100. Fees - Each cooperative shall be charged by the Secretary of State...
§ 46-5-101. Annual License Fee; Exemption of Cooperatives From Taxation - Each cooperative and each foreign corporation doing business in this...
§ 46-5-102. Interconnection of Lines, Facilities, or Systems of Cooperatives and Other Telephone Companies - The lines, facilities, or systems of any cooperative or foreign...
§ 46-5-103. Jurisdiction of Commission - Cooperatives and foreign corporations doing business in this state pursuant...
§ 46-5-104. Applicability of Chapter 5 of Title 10 - Chapter 5 of Title 10 shall not apply to any...
§ 46-5-105. Construction of Part - This part is complete in itself and shall be controlling....
Part 4 - Emergency Telephone Number 9-1-1 System
§ 46-5-120. Short Title - This part shall be known and may be cited as...
§ 46-5-121. Legislative Intent - History. Ga. L. 1977, p. 1040, § 2; Ga. L....
§ 46-5-122. Definitions - As used in this part, the term: (2.1) “Call” means...
§ 46-5-124. Guidelines for Implementing State-Wide Emergency 9-1-1 System; Training and Equipment Standards - History. Ga. L. 1977, p. 1040, § 1; Ga. L....
§ 46-5-124.1. Service Suppliers or Voice Over Internet Protocol Service Suppliers Must Register Certain Information With the Authority; Updating Information; Compliance; Notices of Deficiency or Noncompliance - History. Code 1981, § 46-5-124.1 , enacted by Ga. L....
§ 46-5-125. Formation of Multijurisdictional and Regional 9-1-1 Systems - Nothing in this part shall be construed to prohibit or...
§ 46-5-126. Cooperation by Commission and Telephone Industry - The authority shall coordinate its activities with those of the...
§ 46-5-127. Approval of 9-1-1 Systems by Agency; Written Confirmation by Authority Required for 9-1-1 Systems Established on or After January 1, 2019 - History. Ga. L. 1977, p. 1040, § 8; Ga. L....
§ 46-5-128. Cooperation by Public Agencies - All public agencies shall assist the authority in its efforts...
§ 46-5-129. Use of 9-1-1 Emblem - The authority may develop a 9-1-1 emblem which may be...
§ 46-5-130. Federal Assistance - The authority is authorized to apply for and accept federal...
§ 46-5-131. Exemptions From Liability in Operation of 9-1-1 System - History. Code 1981, § 46-5-131 , enacted by Ga. L....
§ 46-5-132. Fees by Service Supplier - It shall be unlawful for any service supplier to assess...
§ 46-5-133. Authority of Local Government to Adopt Resolution to Impose Monthly 9-1-1 Charge - (a.1) Any 9-1-1 charges shall be imposed only on the...
§ 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...
§ 46-5-134.1. Counties Where the Governing Bodies of More Than One Local Government Have Adopted a Resolution to Impose an Enhanced 9-1-1 Charge - Upon termination of such powers, the wireless service supplier shall...
§ 46-5-134.2. Prepaid Wireless 9-1-1 Charge; Definitions; Imposition of Fee by Localities; Collection and Remission of Charges; Distribution of Funds - History. Code 1981, § 46-5-134.2 , enacted by Ga. L....
§ 46-5-135. Liability of Service Supplier in Civil Action - A service supplier, including any company providing telephone services and...
§ 46-5-136. Authority of Local Government to Create Advisory Board - History. Code 1981, § 46-5-136 , enacted by Ga. L....
§ 46-5-137. Powers of Public Service Commission Not Affected - This part shall not be construed as affecting the jurisdiction...
§ 46-5-138. Joint Authorities - History. Code 1981, § 46-5-138 , enacted by Ga. L....
§ 46-5-138.1. Guidelines Pertaining to Additional Charges Involving Contracts Between Two or More Counties - Nothing in this subsection shall be construed to authorize the...
§ 46-5-138.2. “Director” Defined; Training and Instruction - History. Code 1981, § 46-5-138.2 , enacted by Ga. L....