Title 46 — Title 46

The authority shall keep suitable books and records of all its obligations, contracts, transactions, and undertakings; of all income and receipts of every nature; and of all expenditures of every kind. (Code 1981, § 46-4-94, enacted by Ga. L. 1987, p. 745, § 1.) 46-4-95. Purpose.

The purpose of the authority shall be: (1) to acquire or construct, or to acquire and construct, and to operate and maintain, or to cause to be constructed, operated, and maintained, systems, projects, and facilities for the storage, acquisition, exploration, production, distribu…

(a) The authority shall have all powers necessary or convenient to carry out and effectuate the purpose and provisions of this article including, but without limiting the generality of the foregoing, the power: (1) To sue and be sued in contract and in tort and to complain and de…

The authority shall not operate or construct any project for profit, except insofar as any such profit will inure to the benefit of the public. The authority shall fix the rates, fees, and charges consistent with this declaration of policy such as will produce revenues only in am…

(a) It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and that the authority is an institution of purely public charity performing an essential go…

(a) The authority may contract with any political subdivision of this state which is authorized by Code Section 46-4-100 to make such contracts for the 356 Page: 357 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:55:23 0000 42051-21 46-4-99 (QS) GA 04 R…

This chapter shall be known and may be cited as the ‘‘Residential Conservation Service Act of 1981.’’ (Ga. L. 1981, p. 1258, § 1.) 46-4A-2. Legislative findings; declaration of policy.

It shall be the duty of the Attorney General or his representative to represent the director in all actions in connection with this chapter. (Ga. L. 1981, p. 1258, § 13.) 46-4A-11. Scope of director’s authority to administer chapter relative to federal law. Nothing contained in t…

No provision of this chapter or any rules or regulations or orders hereunder shall be construed to be a limitation: (1) On the activities of any privately or publicly owned utility which is not a covered utility; (2) On the activities of covered utilities, when such activities ar…

The General Assembly finds that the rising cost and uncertain supply of energy resources require an active program of energy conservation assistance, especially for the residential sector, which often has limited access to expert advice on energy conservation. In response to this…

As used in this chapter, the term: (1) ‘‘Covered utility’’ means a utility which is regulated in rate-making matters by the commission and which in any calendar year had retail sales of natural gas in excess of 10 billion cubic feet or of electricity in excess of 750 million kilo…

The director shall have and may exercise the following powers and duties: (1) To adopt, modify, repeal, and promulgate, after consultation with all affected parties and due notice and public hearings held in accordance with and established pursuant to Chapter 13 of Title 50, the …

(a) Whenever the director has reason to believe that a violation of any provision of this chapter or any rule or regulation adopted pursuant to this chapter has occurred, he shall attempt to obtain a remedy with the violator or violators by conference, conciliation, or persuasion…

Whenever, in the judgment of the director, any covered utility has engaged in or is about to engage in any act or practice which constitutes or will constitute a violation of this chapter, the director may make application to the superior court wherein the covered utility maintai…

Any person who has exhausted all administrative remedies available before the director and who is aggrieved by a final order or action in a 426 Page: 427 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:56:12 0000 42051-21 46-4A-9 (QS) GA 04 RV34 -- 3rd R…

(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 …