Fees by wireless service supplier

It shall be unlawful for any wireless service supplier to assess or charge any fee for an emergency telephone call placed on a ‘‘911’’ emergency telephone system. The prohibition provided for in this Code section shall only apply to actual emergency telephone calls made on such system and shall not apply to nor prohibit any fee assessed or charged for the implementation or enhancement of such system. (Code 1981, § 46-5-132, enacted by Ga. L. 1988, p. 465, § 1; Ga. L. 1998, p. 1017, § 9.) 501 Page: 502 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:57:7 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN 46-5-133 PUBLIC UTILITIES, ETC. 46-5-133 46-5-133. Authority of local government to adopt resolution to impose monthly ‘‘911’’ charge. (a) Subject to the provisions of subsection (b) of this Code section, the governing authority of any local government which operates or which contracts for the operation of an emergency ‘‘911’’ system is authorized to adopt a resolution to impose a monthly ‘‘911’’ charge upon each exchange access facility subscribed to by telephone subscribers whose exchange access lines are in the areas served or which would be served by the ‘‘911’’ service. Subject to the provisions of subsection (b) of this Code section and of subparagraphs (a)(2)(A) and (a)(2)(B) of Code Section 46-5-134, the governing authority of any local government which operates or contracts for the operation of an emergency ‘‘911’’ system which is capable of providing or provides enhanced ‘‘911’’ service to persons or entities with a wireless telecommunications connection, excluding a military base, is authorized to adopt a resolution to impose a monthly wireless enhanced ‘‘911’’ charge upon each wireless telecommunications connection subscribed to by telephone subscribers whose billing address is within the geographic area that is served by the local government or that would be served by the local government for the purpose of such an emergency ‘‘911’’ system. Such resolution, or any amendment to such resolution, shall fix a date on which such resolution and the imposition and collection of the ‘‘911’’ charge or wireless enhanced ‘‘911’’ charge, as provided in the resolution, shall become effective; provided, however, that such effective date shall be at least 120 days following the date of the adoption of such resolution or any amendment to such resolution by the local government. The ‘‘911’’ charge must be uniform, may not vary according to the type of exchange access facility used, and may be billed on a monthly or quarterly basis. The wireless enhanced ‘‘911’’ charge must be uniform, not vary according to the type of wireless telecommunications connection used, and may be billed on a monthly or quarterly basis. (b)(1) Except as provided in paragraph (2) of this subsection, no local government shall be authorized to exercise the power conferred by this Code section unless either: (A) A majority of the voters residing in that political subdivision who vote in an election called for such purpose shall vote to authorize the implementation of this Code section. Such election shall be called and conducted as other special elections are called and conducted in such local government when requested by such local government authority. The question or questions on the ballot shall be as prescribed by the election superintendent, provided that separate questions may be posed regarding implementation of a ‘‘911’’ charge and of a wireless enhanced ‘‘911’’ charge; or (B) After a public hearing held upon not less than ten days’ public notice. 502 Page: 503 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:57:8 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN 46-5-134 (2) The provisions of paragraph (1) of this subsection shall not apply with respect to a local government if the governing authority of such local government has on or before March 7, 1988, contracted with a local exchange telephone service supplier for the purchase or operation, or both, of a local exchange telephone ‘‘911’’ system. (c) On and after January 1, 1999, no monthly ‘‘911’’ charge provided for in this Code section may be imposed or continue to be imposed unless each dispatch center funded in whole or in part from such charges is in compliance with Code Section 36-60-19, relating to required TDD training for communications officers. (Code 1981, § 46-5-133, enacted by Ga. L. 1988, p. 1984, § 2; Ga. L. 1990, p. 179, § 3; Ga. L. 1998, p. 540, § 3; Ga. L. 1998, p. 1017, § 10; Ga. L. 1999, p. 81, § 46; Ga. L. 1999, p. 873, § 4.)