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Georgia Statutes, Title 46

Georgia/Statutes

← All Georgia coverage

Title 46

14 chapters · 842 sections in this title.

All chapters in Title 46842 Ch 3, ELECTRICAL SERVICE209 Ch 5, TELEPHONE AND TELEGRAPH SERVICE133 Ch 8, RAILROAD COMPANIES128 Ch 9, TRANSPORTATION OF FREIGHT AND PASSEN…106 Ch 4, DISTRIBUTION, STORAGE, AND SALE OF GAS104 Ch 2, PUBLIC SERVICE COMMISSION58 Ch 7, MOTOR CARRIERS53 Ch 4A, PROVISION OF ENERGY CONSERVATION ASS…14 Ch 3A, INTEGRATED RESOURCE PLANNING11 Ch 10, CONSUMERS’ UTILITY COUNSEL DIVISION9 Ch 11, TRANSPORTATION OF HAZARDOUS MATERIALS6 Ch 1, GENERAL PROVISIONS5 Ch 8A, RAPID RAIL PASSENGER SERVICE4 Ch 2A, ELECTRIC UTILITIES GENERALLY2

842 sections·Filtered byTitle 46✕

O.C.G.A. § 46-4A-7 Injunctions, restraining orders, and other orders
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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…
O.C.G.A. § 46-4A-8 Commencement and conducting of hearings in accordance with Chapter 13 of Title 50, the ‘‘Georgia Administrative Procedure Act
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All hearings under this chapter shall be commenced and conducted in accordance with Chapter 13 of Title 50, the ‘‘Georgia Administrative Procedure Act.’’ (Ga. L. 1981, p. 1258, § 11.)
O.C.G.A. § 46-4A-9 Judicial review
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Any person who has exhausted all administrative remedies available before the director and who is aggrieved by a final order or action in a Page: 427 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:56:12 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN PROVISION…
O.C.G.A. § 46-5-1 Exercise of power of eminent domain by telephone and telegraph companies; placement of posts and other fixtures; regulation of construction of fixtures, posts, and wires near railroad tracks; liabilit

Showing 401–450 of 842

Page 9 of 17

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(a) Any telegraph or telephone company chartered by the laws of this or any other state shall have the right to construct, maintain, and operate its lines upon, under, along, and over the public highways of this state, with the approval of the county or municipal authorities in c…

O.C.G.A. § 46-5-2 Avoiding or attempting to avoid charges for use of telecommunication service; penalties; computation of damages

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(a) It shall be unlawful for any person to avoid or attempt to avoid or to cause another to avoid the lawful charges, in whole or in part, for any telecommunication service as defined in subsection (a) of Code Section 46-5-3 or for the transmission of a message, signal, or other …

O.C.G.A. § 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 destinat

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(a) As used in this Code section, the term: (1) ‘‘Telecommunication service’’ means any service provided for a charge or compensation to facilitate the origination, transmission, emission, or reception of signs, signals, data, writings, images, sounds, or Page: 440 Job Path: @mfg…

O.C.G.A. § 46-5-4 Seizure and disposal of devices, equipment, or any plan or instruction used for committing theft of telecommunications service

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Any unlawful telecommunication device as defined in subsection (a) of Code Section 46-5-3 or other instrument, apparatus, equipment, or device, or any plan or instruction therefor, referred to in Code Section 46-5-3 may be seized by court order, or under a search warrant issued b…

O.C.G.A. § 46-5-5 Inclusion of local exchanges 495 and 567 in area code 404

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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…

O.C.G.A. § 46-5-7 Plan to ensure confidentiality of family violence shelters’ addresses and locations

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(a) Prior to January 1, 2005, each person, corporation, or other entity that provides telephone service in this state and each person, corporation, or other entity that publishes, disseminates, or otherwise provides telephone directory information or listings of telephone subscri…

O.C.G.A. § 46-5-100 Upon such filing, the conversion shall be deemed to be effective

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(b) Any two or more corporations organized under the laws of this state and furnishing or having the corporate power to furnish telephone service may, if otherwise permitted to consolidate by the laws of this state, consolidate into a cooperative subject to this part, with the sa…

O.C.G.A. § 46-5-101 Annual license fee; exemption of cooperatives from taxation

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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.)

O.C.G.A. § 46-5-102 Interconnection of lines, facilities, or systems of cooperatives and other telephone companies

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The lines, facilities, or systems of any cooperative or foreign corporation doing business in this state pursuant to this part and the lines, facilities, or systems of any other telephone company may, upon such terms and conditions as may be mutually agreeable to such cooperative…

O.C.G.A. § 46-5-103 Jurisdiction of commission

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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 Page: 493 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 0…

O.C.G.A. § 46-5-104 Applicability of Chapter 5 of Title 10

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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…

O.C.G.A. § 46-5-105 Construction of part

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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…

O.C.G.A. § 46-5-120 Short title

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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.)

O.C.G.A. § 46-5-121 Legislative intent

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(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 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 PUBLIC…

O.C.G.A. § 46-5-122 Definitions

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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…

O.C.G.A. § 46-5-123 Creation of ‘‘911’’ Advisory Committee; selection of members; filling of vacancies

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(a) For the purposes of the development and implementation of a plan for the state-wide emergency telephone number ‘‘911’’ system, there is created the ‘‘911’’ Advisory Committee to be composed of the director of emergency management, who shall serve as chairperson; the commissio…

O.C.G.A. § 46-5-124 Guidelines for implementing state-wide emergency telephone number ‘‘911’’ system; training and equipment standards

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(a) The agency shall develop guidelines for implementing a state-wide emergency telephone number ‘‘911’’ system. The guidelines shall provide for: (1) Steps of action necessary for public agencies to effect the necessary coordination, regulation, and development preliminary to a …

O.C.G.A. § 46-5-124.1 Service suppliers must register certain information with the director; notification of changes

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(a) Any wireless service supplier that provides wireless service or is authorized to provide wireless service in Georgia shall register the following information with the director: (1) The name, address, and telephone number of the representative of the wireless service supplier …

O.C.G.A. § 46-5-125 Formation of multijurisdictional and regional ‘‘911’’ systems

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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,…

O.C.G.A. § 46-5-126 Cooperation by commission and telephone industry

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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.)

O.C.G.A. § 46-5-127 Approval of ‘‘911’’ systems by agency

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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…

O.C.G.A. § 46-5-128 Cooperation by public agencies

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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…

O.C.G.A. § 46-5-129 Use of ‘‘911’’ emblem

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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.)

O.C.G.A. § 46-5-130 Federal assistance

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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.)

O.C.G.A. § 46-5-131 Exemptions from liability in operation of ‘‘911’’ system

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

O.C.G.A. § 46-5-132 Fees by wireless service supplier

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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…

O.C.G.A. § 46-5-133 Authority of local government to adopt resolution to impose monthly ‘‘911’’ charge

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(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 eac…

O.C.G.A. § 46-5-134 Billing of subscribers; liability of subscriber for service charge; taxes on service; establishment of Emergency Telephone System Fund; records; use of federal, state, municipal, or private funds

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(a)(1) The subscriber of an exchange access facility may be billed for the monthly ‘‘911’’ charge, if any, imposed with respect to that facility by the service supplier. Such ‘‘911’’ charge may not exceed $1.50 per month per exchange access facility provided to the telephone subs…

O.C.G.A. § 46-5-134.1 Counties where the governing authorities of more than one local government have adopted a resolution to impose an enhanced ‘‘911’’ charge

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(a) This Code section shall apply in counties where the governing authorities of more than one local government have adopted a resolution to impose a wireless enhanced ‘‘911’’ charge in accordance with the provisions of subsection (a) of Code Section 46-5-133 and notwithstanding …

O.C.G.A. § 46-5-135 Liability of service supplier in civil action

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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…

O.C.G.A. § 46-5-136 Authority of local government to create advisory board

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(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’’ …

O.C.G.A. § 46-5-137 Powers of Public Service Commission not affected

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This part shall not be construed as affecting the jurisdiction or powers of the Public Service Commission to establish rates, charges, or tariffs. (Code 1981, § 46-5-137, enacted by Ga. L. 1990, p. 179, § 7.)

O.C.G.A. § 46-5-138 Joint authorities

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(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 Page: 511 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:57:13 0000 420…

O.C.G.A. § 46-5-138.1 Guidelines pertaining to additional charges on exchange access facilities involving contracts between two or more counties

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(a) Notwithstanding any provision of paragraph (1) of subsection (a) of Code Section 46-5-134 to the contrary, where two or more counties, none of which offers emergency ‘‘911’’ services on May 1, 1998, and any participating municipalities within such counties, if any, agree by i…

O.C.G.A. § 46-5-139 Joint Study Committee on Wireless Enhanced ‘‘911’’ Charges

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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…

O.C.G.A. § 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

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(a) When any municipal, county, state, or federal law enforcement officer acting within his apparent jurisdiction has reason to believe that certain telephone facilities or any part thereof are being used or have been used in violation of any federal law, the laws of the State of…

O.C.G.A. § 46-5-21 Using telephone communications for obscene, threatening, or harassing purposes

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(a) It shall be a misdemeanor for any person, by means of telephone communication in this state, to: (1) Make any comment, request, suggestion, or proposal which is obscene, lewd, lascivious, filthy, or indecent; (2) Make a telephone call, whether or not conversation ensues, with…

O.C.G.A. § 46-5-22 Using telephone communications for obscene comments, requests, or suggestions; injunction; recorded commercial message

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(a) It shall be unlawful for any person, by means of a telephone communication for commercial purposes, to make directly or by means of an electronic recording device, any comment, request, suggestion, or proposal which is obscene, lewd, lascivious, filthy, or indecent. Any perso…

O.C.G.A. § 46-5-23 Use of automatic dialing and recorded message (ADAD) equipment

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(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…

O.C.G.A. § 46-5-24 Use of certain telephone numbers by ADAD equipment prohibited

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(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…

O.C.G.A. § 46-5-25 Transmission of unsolicited commercial facsimile messages

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(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 …

O.C.G.A. § 46-5-26 Access to live telephone operator

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(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…

O.C.G.A. § 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

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(a) The General Assembly finds that: (1) The use of the telephone to market goods and services is pervasive now due to the increased use of cost-effective telemarketing techniques; Page: 454 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:56:34 0000 4205…

O.C.G.A. § 46-5-30 Establishment, administration, and operation of state-wide dual party relay service

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(a) The General Assembly finds and declares that it is in the public interest to provide basic telecommunication services to all citizens of this state who, because of physical impairments, particularly hearing and speech impairments, cannot otherwise communicate over the telepho…

O.C.G.A. § 46-5-31 Rates and charges; surcharge not includable in gross receipts subject to franchise tax

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(a) Long-distance and all other applicable rates and charges, including the surcharge required by this part, shall apply to the users of the dual party relay system in the same manner as all other telephone subscribers, but no additional charges may be imposed for the use of the …

O.C.G.A. § 46-5-40 ‘‘Person’’ defined

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As used in this part, the term ‘‘person’’ means: (1) Any corporation, company, firm, association, or individual owning, leasing, or operating a public telephone service or telephone line in this state; and (2) Any cooperative nonprofit membership corporation or limited dividend o…

O.C.G.A. § 46-5-42 Interference with existing telephone lines, plants, or systems by person constructing or extending a telephone line, plant, or system

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If any person, in constructing or extending his telephone line, plant, or system, unreasonably interferes or is about to interfere unreasonably with any line, plant, system, or service of any other person, the commission, on its own initiative or on the complaint of any person cl…