Title 46 — Title 46

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(a) Any person that obtains an unpublished telephone identification using a telephone caller identification service may not do any of the following without the written consent of the customer of the unpublished telephone line identification: (1) Intentionally disclose the unpubli…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

— For article recommending more consistency in age requirements of laws pertaining to the welfare of minors, see 6 Ga. St. B.J. 189 (1969). For article, ‘‘Misdemeanor Sentencing in Georgia,’’ see 7 Ga. St. B.J. 8 (2001). For note discussing First Amendment problems in application…

(a)(1) As used in this Code section, the term ‘‘ADAD equipment’’ means any device or system of devices which is used, whether alone or in conjunction with other equipment, for the purpose of automatically selecting or dialing telephone numbers and disseminating prerecorded messag…

(a) As used in this Code section, the term: (1) ‘‘ADAD equipment’’ means any device or system of devices which is used, whether alone or in conjunction with other equipment, for the purpose of automatically selecting or dialing telephone numbers and disseminating prerecorded mess…

(a) As used in this Code section, the term ‘‘telefacsimile’’ shall refer to any process by which electronic signals are transmitted by any telephone system for conversion into written text. (b) It shall be unlawful for any person to initiate the transmission of, employ or direct …

(a) Each telecommunications utility and telecommunications company that provides operator service shall ensure that a caller may obtain access to a live operator through a method designed to be easily and clearly understandable and accessible to the caller. A telecommunications u…

The commission shall have power, after a hearing, either to issue the certificate of public convenience and necessity as prayed for, to refuse to issue the same, or to issue it for the construction, operation, or acquisition of only a portion of the contemplated line, plant, or s…

Local exchanges 495 and 567 shall be included in the current 404 area code on or before July 1, 1996, and removed from the 706 area code; provided, however, that if a geographic area of the 404 area code is designated as a different area code and such geographic area is contiguou…

This part may be cited as the ‘‘Rural Telephone Cooperative Act.’’ (Ga. L. 1950, p. 192, § 1.) 46-5-61. Declaration of purpose.

Cooperative nonprofit corporations may be organized under this part for the purpose of furnishing telephone service in rural areas to the widest practicable number of users of such service. (Ga. L. 1950, p. 192, § 2.)

As used in this part, the term: (1) ‘‘Cooperative’’ means any corporation organized under this part or which becomes subject to this part. (2) ‘‘Person’’ means any natural person, firm, association, corporation, business trust, or partnership. (3) ‘‘Rural area’’ means any area wi…

A cooperative shall have power: (1) To sue and be sued in its corporate name; (2) To have an initial existence for a term of 50 years with right of renewal for one or more like terms unless a shorter term is stated in the articles of incorporation; (3) To adopt a corporate seal a…

(a) The name of the cooperative shall include the words ‘‘Telephone’’ and ‘‘Cooperative,’’ and the abbreviation ‘‘Inc.’’ unless: (1) In an affidavit made by its president and vice-president and filed with the clerk of the superior court of the county in which the principal office…

Five or more persons, including cooperatives, may organize a cooperative in the manner provided in this part. (Ga. L. 1950, p. 192, § 7.) 46-5-67. Contents of articles of incorporation; signing and acknowledgment; recitation of purpose and powers; statements regarding issuance of…

Declaration of purpose. Definitions. Powers of cooperatives generally. Power of superior court to create cooperatives, to approve amendments to their articles of incorporation, conversion, consolidation, merger, or dissolution. Names of cooperatives. Incorporators. Contents of ar…

The applicants shall file the application, including the articles of incorporation and the order of the judge thereon, in the office of the clerk of the superior court of the county in which the principal office of the cooperative is to be located, and shall concurrently therewit…

The applicants shall submit to the clerk, along with the articles of incorporation, an affidavit signed by the duly authorized agent or publisher of a newspaper having general circulation in the county where the principal office of the cooperative is to be located, which affidavi…

The Secretary of State shall thereupon attach to one of the certified copies of the articles of incorporation with order of the judge thereon, 473 Page: 474 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:56:48 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN 46…

The corporate existence of the cooperative shall begin at the time of the filing of the articles of incorporation, with the judge’s order thereon, with the clerk of the superior court, but the cooperative shall not be licensed to transact any business until it shall have received…

The board of directors shall adopt the first bylaws of a cooperative to be adopted following an incorporation, conversion, combined consolidation and conversion, merger, or consolidation. Thereafter, the members shall adopt, amend, or repeal the bylaws by the affirmative vote of …

(a) An annual meeting of the members of a cooperative shall be held at such time and place as shall be provided in the bylaws. 475 Page: 476 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:56:50 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN 46-5-80 PUBLIC UTI…

Any person entitled to notice of a meeting may waive such notice in writing either before or after such meeting. If any such person attends such meeting, such attendance shall constitute a waiver of notice of such meeting, unless such person participates therein solely to object …

(a) The business of a cooperative shall be managed by a board of not less than five directors, each of whom shall be a member of the cooperative or of another cooperative which is a member thereof. The bylaws shall prescribe the number of directors, their qualifications, other th…

The officers of a cooperative shall consist of a president, vice-president, secretary, and treasurer, who shall be elected annually by and from the board of directors. When a person holding any such office ceases to be a director, he shall cease to hold such office. The offices o…

(a) A cooperative may amend its articles of incorporation by complying with the requirements of this Code section, provided that a change of location of principal office may be effected in the manner set forth in Code Section 46-5-86. (b) The proposed amendment shall be presented…

A cooperative may, upon authorization of its members or board of directors, change the location of its principal office by compliance with the requirements of this Code section. An application for approval of such change shall be presented to and approved by the superior court of…

Any two or more cooperatives (each of which is designated in this Code section as a ‘‘consolidating cooperative’’) may consolidate into a new cooperative (designated in this Code section as the ‘‘new cooperative’’) by complying with the following requirements: (1) The proposition…

Any one or more cooperatives (each of which is designated in this Code section as a ‘‘merging cooperative’’) may merge into another cooperative (designated in this Code section as the ‘‘surviving cooperative’’) by complying with the following requirements: (1) The proposition for…

(a) In the case of a consolidation, the existence of the consolidating cooperatives shall cease, and the articles of consolidation shall be deemed to be the articles of incorporation of the new cooperative. In the case of a merger, the separate existence of the merging cooperativ…

(a) A cooperative which has not commenced business may be dissolved by presenting to the superior court of the county where its principal office is located, or to the judge of the superior court in vacation, articles of dissolution which shall be executed and acknowledged on beha…

No member or shareholder shall be liable or responsible for any debts of the cooperative; and the property of the members and shareholders shall not be subject to execution therefor. (Ga. L. 1950, p. 192, § 35.) 46-5-95. Effect of recordation of mortgage, deed of trust, or other …

Construction of telephone lines and facilities by a cooperative shall, as a minimum requirement, comply with the standards of the National Electrical Code in effect at the time of such construction and shall be in such manner and according to such specifications as will avoid int…

All rights of action accruing against any cooperative or any foreign corporation doing business in this state pursuant to this part, which rights of action grow out of the acquisition of rights of way or easements or the occupying of lands of others by the cooperative or foreign …

As used in this chapter, the term: (1) ‘‘Commissioner’’ means the commissioner of motor vehicle safety. (2) ‘‘Department’’ means the Department of Motor Vehicle Safety. (Code 1981, § 46-7-1, enacted by Ga. L. 2000, p. 951, § 9-4.) Editor’s notes. — The former version of this Code…

The commissioner, upon the filing of a petition for a certificate, shall fix a time and place for hearing thereon and shall, at least ten days before the hearing, give notice thereof by advertising the same at the expense of the applicant in a newspaper in Atlanta, in which sheri…

When a petition for a certificate under this article has been in whole or in part denied by the commissioner, or has been granted by the commissioner, and the order of the commissioner granting same has been quashed or set aside by a court of competent jurisdiction, a new applica…