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Article 1 - General Provisions
§ 46-5-1. Exercise of Power of Eminent Domain by Telephone Companies; Placement of Posts and Other Fixtures; Regulation of Construction of Fixtures, Posts, and Wires Near Railroad Tracks; Liability of Telephone Companies for Damages; Required Informa... - History. Ga. L. 1873, p. 69, § 2; Code 1873,...
§ 46-5-2. Avoiding or Attempting to Avoid Charges for Use of Telecommunication Service; Penalties; Computation of Damages - History. Ga. L. 1975, p. 1534, §§ 1, 3; Ga....
§ 46-5-3. Making, Possessing, Selling, Allowing Use Of, or Publishing Assembly Plans for Devices, Equipment, or Apparatus for Committing Theft of Telecommunications Service, or for Concealing Origin or Destination of Any Telecommunication; Compensato... - History. Ga. L. 1975, p. 1534, §§ 2, 3; Ga....
§ 46-5-4. Seizure and Disposal of Devices, Equipment, or Any Plan or Instruction Used for Committing Theft of Telecommunications Service - Any unlawful telecommunication device as defined in subsection (a) of...
§ 46-5-5. Inclusion of Local Exchanges 495 and 567 in Area Code 404 - Local exchanges 495 and 567 shall be included in the...
§ 46-5-6. Exclusive Power and Authority of the Public Service Commission to Prescribe Rules and Regulations Regarding Public Pay Telephones - The Public Service Commission shall have the exclusive power and...
§ 46-5-7. Plan to Ensure Confidentiality of Family Violence Shelters’ Addresses and Locations - History. Code 1981, § 46-5-7 , enacted by Ga. L....
§ 46-5-8. Termination of Wireless Communications Service Contracts by Service Members - History. Code 1981, § 46-5-8 , enacted by Ga. L....
Article 2 - Telephone Service
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....
Article 4 - Telecommunications and Competition Development
§ 46-5-160. Short Title - This article shall be known and may be cited as...
§ 46-5-161. Legislative Findings; Intent - History. Code 1981, § 46-5-161 , enacted by Ga. L....
§ 46-5-162. Definitions - As used in this article, the term: History. Code 1981,...
§ 46-5-163. Certificates of Authority - History. Code 1981, § 46-5-163 , enacted by Ga. L....
§ 46-5-164. Interconnection Among Certificated Local Exchange Companies - History. Code 1981, § 46-5-164 , enacted by Ga. L....
§ 46-5-165. Alternative Regulation of Rates, Terms, and Conditions - History. Code 1981, § 46-5-165 , enacted by Ga. L....
§ 46-5-166. Rates for Switched Access - History. Code 1981, § 46-5-166 , enacted by Ga. L....
§ 46-5-167. Universal Access Fund - In calculating such contributions, the commission shall allow a local...
§ 46-5-168. Jurisdiction and Authority of Commission - History. Code 1981, § 46-5-168 , enacted by Ga. L....
§ 46-5-169. Company Obligations Associated With Alternative Regulation - A company electing alternative regulation: History. Code 1981, § 46-5-169...
§ 46-5-170. Access to Local Telephone Numbering Resources and Assignments - Providers of local exchange services shall have access to local...
§ 46-5-171. Local Call Charges Based on Duration or Time of Call Prohibited - A local exchange company may not charge a residential customer...
§ 46-5-171.1. Written Authorization Required by Customer Prior to Being Charged for Service Initiated by a Third Party - History. Code 1981, § 46-5-171.1 , enacted by Ga. L....
§ 46-5-172. Annual Report of Tier 1 Company’s Investment Commitment - A Tier 1 local exchange company shall provide an annual...
§ 46-5-173. Unpublished Telephone Identification - History. Code 1981, § 46-5-173 , enacted by Ga. L....
§ 46-5-174. Commission’s Annual Report to General Assembly - The commission shall report to the General Assembly annually on...
Article 5 - Telecommunications Marketing Act of 1998
§ 46-5-180. Short Title - This article shall be known and may be cited as...
§ 46-5-181. Definitions - As used in this article, the terms “local exchange company,”...
§ 46-5-182. Certification of Telecommunications Companies Which Bill for or Solicit Intrastate Telecommunications Services - No telecommunications company shall bill for intrastate telecommunications services or...
§ 46-5-183. Procedures for Confirmation of Changes in Selection of a Primary Local Exchange or Long Distance Carrier Generated by Telemarketing - History. Code 1981, § 46-5-183 , enacted by Ga. L....
§ 46-5-184. Contents of Letter of Agency - History. Code 1981, § 46-5-184 , enacted by Ga. L....
§ 46-5-185. Investigation and Reporting Requirements - History. Code 1981, § 46-5-185 , enacted by Ga. L....
§ 46-5-186. Time Limit on Certain Actions of Local Exchange Carrier - The customer’s current local exchange carrier shall initiate action to...
§ 46-5-187. Abusive Telemarketing Acts or Practices - Telecommunications companies may not engage in any abusive telemarketing act...
§ 46-5-188. Forgery or Falsification Prohibited - Any employee, representative, or agent of a telecommunications company who...
§ 46-5-189. Penalty for Willful Violation of Article - Any willful violation of this article is subject to enforcement...
§ 46-5-190. Factual Findings by Public Service Commission - If, after a hearing on a complaint, the commission shall...
§ 46-5-191. Cause of Action for Damages Resulting From Violations of This Article - In the event that the remedies provided by Code Section...
§ 46-5-192. Construction - History. Code 1981, § 46-5-192 , enacted by Ga. L....
Article 6 - Disclosure of Certain Customer Information
§ 46-5-210. Definitions - History. Code 1981, § 46-5-210 , enacted by Ga. L....
§ 46-5-211. Consent of End User Required for Release of Telephone Records; Law Enforcement Exception - No telecommunications company may release the telephone records of any...
§ 46-5-212. Security Certification Required - Each telecommunications company shall provide annually to the office of...
§ 46-5-213. Circumstances to Which This Article Not Applicable - No provision of this article shall be construed to prohibit...
§ 46-5-214. Action in Event of Telephone Record Security Breach; Notification to Georgia Residents; Law Enforcement Exception; Violations Shall Be Unfair or Deceptive Practice in Consumer Transactions - History. Code 1981, § 46-5-214 , enacted by Ga. L....
Article 7 - Competitive Emerging Communications Technologies
§ 46-5-220. Short Title - This article shall be known and may be cited as...
§ 46-5-221. Definitions - As used in this article, the term: For the purposes...
§ 46-5-222. Commission Has No Authority Over Setting of Rates or Terms and Conditions for the Offering of Broadband Service, Voice Over Internet Protocol, or Wireless Service; Limitations - History. Code 1981, § 46-5-222 , enacted by Ga. L....
Article 8 - Telephone Records Protection
§ 46-5-230. Short Title - This article shall be known and may be cited as...
§ 46-5-231. Definitions - As used in this article, the term: History. Code 1981,...
§ 46-5-232. Penalties - It shall be a felony, punishable by a fine of...
§ 46-5-233. Article Not to Be Construed So as to Prevent Certain Law Enforcement Actions - No provision of this article shall be construed so as...
§ 46-5-234. Other Circumstances to Which This Article Not Applicable - History. Code 1981, § 46-5-234 , enacted by Ga. L....
§ 46-5-235. No Private Right of Action Created - No private right of action is authorized pursuant to this...
Article 9 - Retail Telecommunications Services
§ 46-5-250. Retail Telecommunications Service Defined - As used in this article, the term “retail telecommunications service”...
§ 46-5-251. Authority of Public Service Commission Limited - History. Code 1981, § 46-5-251 , enacted by Ga. L....
§ 46-5-252. Prohibition Against Passing Cost of Compliance on to Consumers - No company providing retail telecommunications service shall impose a separate...