GA Code § 46-5-133 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 5 - Telephone Service|Article 2 - Telephone Service|Part 4 - Emergency Telephone Number 9-1-1 System|§ 46-5-133. Authority of Local Government to Adopt Resolution to Impose Monthly 9-1-1 Charge

  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 9-1-1 system is authorized to adopt a resolution to impose a monthly 9-1-1 charge upon each telephone service subscribed to by telephone subscribers whose exchange access lines are in the areas served or which would be served by the 9-1-1 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 9-1-1 system which is capable of providing or provides enhanced 9-1-1 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 9-1-1 charge upon each wireless telecommunications connection, other than a connection for prepaid wireless service, subscribed to by telephone subscribers whose place of primary use 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 9-1-1 system. Such resolution, or any amendment to such resolution, shall fix a date on which such resolution and the imposition and collection of the 9-1-1 charge or wireless enhanced 9-1-1 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 9-1-1 charge must be uniform, may not vary according to the type of telephone service used, and may be billed on a monthly or quarterly basis. The wireless enhanced 9-1-1 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.     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 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 9-1-1 charge and of a wireless enhanced 9-1-1 charge; or   After a public hearing held upon not less than ten days' public notice.     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 telephone service supplier for the purchase or operation, or both, of a telephone 9-1-1 system.     On and after January 1, 1999, no monthly 9-1-1 charge provided for in this Code section shall be imposed or continue to be imposed unless each public safety answering point 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.   Unless a municipality has imposed any charge authorized by this part, a county's imposition by resolution of any charge authorized by this part shall be applied county wide and the emergency 9-1-1 system shall be provided as a county-wide service. Any emergency call from a member of the public received by such a county or contracted public safety answering point shall be directed to the appropriate county or municipality public safety agency personnel who are able to respond to such call or other county or municipal dispatching personnel, and such public safety answering point shall maintain the connection with the caller or such public safety or dispatching personnel until the public safety answering point relays sufficient information for such personnel to respond to the call. Such county shall not impose fees or charges on the municipality or its public safety agency for the emergency call and connection services described in this subsection; provided, however, that nothing in this subsection is intended to supersede any existing intergovernmental agreements not otherwise in conflict with this subsection. The authority is authorized to adopt rules and regulations consistent with this subsection to ensure that emergency callers receive public safety services in an efficient, effective, and responsive manner and that responding public safety personnel are provided the necessary information to provide such services.    (a.1)Any 9-1-1 charges shall be imposed only on the telephone subscriber of the entity that provides telephone service directly to the telephone subscriber. If a service supplier obtains its connectivity to the public switched telephone network or the public safety answering point through another service supplier, that other service supplier shall not be subject to any 9-1-1 charges with respect to the affected services.    (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; Ga. L. 2005, p. 660, § 9/HB 470; Ga. L. 2007, p. 318, § 2/HB 394; Ga. L. 2018, p. 689, § 2-11/HB 751; Ga. L. 2019, p. 1056, § 46/SB 52.)    The 2005 amendment,  effective July 1, 2005, substituted "9-1-1" for "'911'" throughout this Code section and substituted "place of primary use" for "billing address" in the second sentence in subsection (a).    The 2007 amendment,  effective July 1, 2007, in subsection (a), substituted "telephone service" for "exchange access facility" in the first and fourth sentences and inserted ", other than a connection for prepaid wireless service," in the second sentence; added subsection (a.1); deleted "local exchange" preceding "telephone" twice in paragraph (b)(2); and, near the middle of subsection (c), substituted "shall" for "may" and substituted "public safety answering point" for "dispatch center".    The 2018 amendment,  effective July 1, 2018, added subsection (d). See Editor's notes for applicability.    The 2019 amendment,  effective May 12, 2019, part of an Act to revise, modernize, and correct the Code, substituted "shall be applied county wide" for "shall be applied county-wide" in the first sentence of subsection (d).   Code Commission notes.   - Two 1988 Acts added a § 46-5-132. Pursuant to Code section28-9-5, the Code section added by Ga. L. 1988, p. 1984, was redesignated as § 46-5-133.   Editor's notes.   - Ga. L. 2018, p. 689, § 4-1/HB 751, not codified by the General Assembly, provides that: "(a) This Act shall become effective July 1, 2018, for the purposes of creating the Georgia Emergency Communications Authority and appointing the members thereof and the enactment of Section 2-11 and the provisions regarding billing practices contained in subsection (d) of Code Section 38-3-189. For all other purposes, this Act shall become effective on January 1, 2019.   "(b) The provisions of this Act shall not in any manner diminish, extinguish, reduce, or affect any cause of action for audits, services, or the recovery of funds from service providers which may have existed prior to January 1, 2019. Any such cause of action is expressly preserved."   JUDICIAL DECISIONS    Cited in Bellsouth Telecoms., LLC v. Cobb County, 305 Ga. 144, 824 S.E.2d 233 (2019).