Title 46 — Title 46

(a) Each cooperative shall be charged by the clerk of the superior court the fee as provided in subsection (g) of Code Section 15-6-77 for the filing of incorporation proceedings. 491 Page: 492 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:57:1 0000 42…

Each cooperative and each foreign corporation doing business in this state pursuant to this part shall pay annually, on or before July 1, to the Secretary of State a fee of $10.00 but shall be exempt from all other excise and income taxes whatsoever. (Ga. L. 1950, p. 192, § 42.)

Cooperatives and foreign corporations doing business in this state pursuant to this part shall be subject to the jurisdiction and supervision of the commission in the same manner and in every respect as any other 492 Page: 493 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Dat…

Chapter 5 of Title 10 shall not apply to any note, bond, or other evidence of indebtedness issued to the United States government or any agency or instrumentality thereof by any cooperative or foreign corporation doing business in this state pursuant to this part; nor shall Chapt…

This part is complete in itself and shall be controlling. This part shall be construed liberally. The enumeration in this part of any object, purpose, power, manner, method, or thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods, or th…

This part shall be known and may be cited as the ‘‘Georgia Emergency Telephone Number ‘911’ Service Act of 1977.’’ (Ga. L. 1977, p. 1040, § 1.) 46-5-121. Legislative intent.

(a) The General Assembly finds and declares that it is in the public interest to shorten the time required for a citizen to request and receive 493 Page: 494 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:57:2 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN 46…

As used in this part, the term: (1) ‘‘Addressing’’ means the assigning of a numerical address and street name (the name may be numerical) to each location within a local government’s geographical area necessary to provide public safety service as determined by the local governmen…

Nothing in this part shall be construed to prohibit or discourage the formation of multijurisdictional or regional ‘‘911’’ systems; and any system established pursuant to this part may include the jurisdiction, or any portion thereof, of more than one public agency. (Ga. L. 1977,…

The agency shall coordinate its activities with those of the Public Service Commission, which shall encourage the Georgia telephone industry to activate facility modification plans for a timely ‘‘911’’ implementation. (Ga. L. 1977, p. 1040, § 7; Ga. L. 1998, p. 1017, § 15.) 46-5-…

After January 1, 1978, no emergency telephone number ‘‘911’’ system shall be established, and no existing system shall be expanded to provide wireless enhanced ‘‘911’’ service, without written confirmation by the agency that the local plan conforms to the guidelines and procedure…

All public agencies shall assist the agency in its efforts to carry out the intent of this part; and such agencies shall comply with the guidelines developed pursuant to Code Section 46-5-124 by furnishing a resolution of intent regarding an emergency telephone number ‘‘911’’ sys…

The agency may develop a ‘‘911’’ emblem which may be utilized on marked vehicles used by public safety agencies participating in a local ‘‘911’’ system. (Ga. L. 1980, p. 699, § 1; Ga. L. 1998, p. 1017, § 8.) 46-5-130. Federal assistance.

The agency is authorized to apply for and accept federal funding assistance in the development and implementation of a state-wide emergency telephone number ‘‘911’’ system. (Ga. L. 1977, p. 1040, § 10; Ga. L. 1998, p. 1017, § 15.) 46-5-131. Exemptions from liability in operation …

(a) Whether participating in a state-wide emergency ‘‘911’’ system or an emergency ‘‘911’’ system serving one or more local governments, neither 500 Page: 501 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 4…

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 s…

A service supplier, including any telephone company and its employees, directors, officers, and agents, is not liable for any damages in a civil action for injuries, death, or loss to persons or property incurred by any person as a result of any act or omission of a service suppl…

(a) The governing authority of a local government by resolution shall create an advisory board consisting of the sheriff, representatives from other public safety agencies which respond to emergency calls under the system, and other individuals knowledgeable of emergency ‘‘911’’ …

46-5-138. Joint authorities. 46-5-138.1. Guidelines pertaining to additional charges on exchange access facilities involving contracts between two or more counties. 431 Page: 432 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:56:17 0000 42051-21 (QS) GA…

(a)(1) By proper resolution of the local governing bodies, an authority may be created and activated by: (A) Any two or more municipal corporations; (B) Any two or more counties; or 510 Page: 511 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:57:13 0000…

Following the conclusion of the 2002 session of the General Assembly, the President of the Senate and the Speaker of the House of Representatives shall each appoint no fewer than three members of their respective bodies to serve as members of the Joint Study Committee on Wireless…

As used in this article, the term: (1) ‘‘Telegraph company’’ means every corporation, company, association, joint-stock association, partnership, and person, their lessees, trustees, or receivers appointed by any court whatsoever, owning, operating, or managing any telegraph line…

Any telegraph company incorporated under this article may amend its charter as provided by Code Sections 14-4-100 through 14-4-105. (Code 1981, § 46-5-145, enacted by Ga. L. 1983, p. 859, § 1.) 517 Page: 518 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 2…

(a) Any corporations created under and by virtue of this article shall exist and shall have and enjoy succession under its corporate name and may, under such name: (1) Make and enter into contracts; (2) Sue and be sued; (3) Purchase and hold such real or personal property as may …

(a) Whenever any person has any claim or demand upon any telegraph company having offices or more than one place of doing business in this state, such person may institute an action against such telegraph company within the county where the principal office of such company is loc…

This article shall be known and may be cited as ‘‘The Telecommunications and Competition Development Act of 1995.’’ (Code 1981, § 46-5-160, enacted by Ga. L. 1995, p. 886, § 2.)

(a) The General Assembly finds: (1) It is in the public interest to establish a new regulatory model for telecommunications services in Georgia to reflect the transition to a reliance on market based competition as the best mechanism for the 522 Page: 523 Job Path: @mfgmic/west/s…

As used in this article, the term: (1) ‘‘Alternative regulation’’ means a form of regulation pursuant to which the rates, terms, and conditions for telecommunications services provided by a local exchange company are set pursuant to the rules specified in this article. (2) ‘‘Basi…

(a) A telecommunications company including a telecommunications services reseller shall not provide telecommunications services without a certificate of authority issued by the commission. The provisions of Code Section 46-5-45 shall apply in circumstances where a telecommunicati…

(a) All local exchange companies shall permit reasonable interconnection with other certificated local exchange companies. This subsection 526 Page: 527 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:57:26 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN 46-5-1…

(a) Any Tier 1 local exchange company may elect to have its rates, terms, and conditions for its services determined pursuant to the alternative regulation described in this article, in lieu of other forms of regulation including but not limited to rate of return or rate base mon…

(a) An electing local exchange company shall have its rates for basic local exchange services determined pursuant to this Code section. (b) Rates for basic local exchange services for residential and single line business customers in effect on the date the local exchange company …

(a) The commission shall create a Universal Access Fund to assure the provision of reasonably priced access to basic local exchange services throughout Georgia. The fund shall be administered by the commission under rules to be promulgated by the commission as needed to assure th…

(a) The jurisdiction of the commission under this article shall be construed to include the authority necessary to implement and administer the express provisions of this article through rule-making proceedings and orders in specific cases. (b) The commission’s jurisdiction shall…

A company electing alternative regulation: (1) Shall comply with orders issued and rules adopted by the commission to implement the express provisions of this article as a condition of obtaining or retaining a certificate of authority under this article; (2) Shall not refuse any …

Providers of local exchange services shall have access to local telephone numbering resources and assignments on equitable terms that include recognition of the scarcity of such resources and that are in accordance with adopted national assignment guidelines and commission rules.…

A local exchange company may not charge a residential customer or single line business for basic local exchange service based on the duration 534 Page: 535 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:57:31 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN 46-…

A Tier 1 local exchange company shall provide an annual report with quarterly updates to the commission regarding its investment commitment as prescribed in subsection (a) of Code Section 45-5-165. Contributions to infrastructure for distance learning and telemedicine by a Tier 1…

(a) Any person that obtains an unpublished telephone identification using a telephone caller identification service may not do any of the following without the written consent of the customer of the unpublished telephone line identification: (1) Intentionally disclose the unpubli…

The commission shall report to the General Assembly annually on the status of the transition to alternative regulation of telecommunications services in Georgia. (Code 1981, § 46-5-174, enacted by Ga. L. 1995, p. 886, § 2.) ARTICLE 5 TELECOMMUNICATIONS MARKETING ACT OF 1998 46-5-…

This article shall be known and may be cited as the ‘‘Telecommunications Marketing Act of 1998.’’ (Code 1981, § 46-5-180, enacted by Ga. L. 1998, p. 919, § 1.) 536 Page: 537 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:57:32 0000 42051-21 (QS) GA 04 R…

As used in this article, the terms ‘‘local exchange company,’’ ‘‘telecommunications company,’’ and ‘‘telecommunications services’’ shall have the same meaning as provided in Code Section 46-5-162; the term ‘‘local exchange carrier’’ shall have the same meaning as ‘‘local exchange…

(a) A telecommunications company relying on a written authorization from a customer for a primary local exchange or long distance carrier change must obtain a letter of agency as specified in this Code section. Any letter of agency that does not conform with this Code section is …

(a) A customer shall first report any unwanted, unauthorized change of the customer’s primary local exchange or long distance carrier to the customer’s current primary local exchange or long distance carrier or the commission; and, thereafter, such carrier shall investigate this …

The customer’s current local exchange carrier shall initiate action to change the customer back to the prior local exchange or long distance carrier or to another local exchange or long distance carrier of the customer’s choice within three business days after a customer’s reques…

Telecommunications companies may not engage in any abusive telemarketing act or practice. Each instance of engaging in an abusive act or practice shall constitute a separate violation of this article. Abusive telemarketing acts or practices shall include but not be limited to the…

Any employee, representative, or agent of a telecommunications company who forges a customer’s signature on a letter of agency or otherwise falsifies evidence of customer authorization of a change of a primary local exchange or long distance carrier shall be guilty of a misdemean…

Any willful violation of this article is subject to enforcement as provided in Code Sections 46-2-91, 46-2-92, and 46-2-93. In addition, without limiting the scope of Part 2 of Article 15 of Chapter 1 of Title 10, the ‘‘Fair Business Practices Act of 1975,’’ any willful violation…

If, after a hearing on a complaint, the commission shall determine that the complainant’s selection of a primary local exchange or long distance carrier was switched in violation of this article, the commission may make factual findings regarding the amount of damages suffered by…

(a) Nothing in this article shall be construed to limit or repeal the application of any state or federal law or regulation regarding telemarketing. In addition, nothing in this article shall be construed to limit the application of any such law or regulation to telecommunication…