reglab/housing_qa huggingface dataset:
GA Code § 46-5-43 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 5 - Telephone Service|Article 2 - Telephone Service|Part 2 - Construction and Operation of Lines, Plants, or Systems Generally|§ 46-5-43. Prescription by Commission of Rules and Regulations as to Application for Certificate of Public Convenience and Necessity; Giving Notice of Receipt of Application

 The application for any certificate of public convenience and necessity provided for in Code Section 46-5-41 shall be made under such rules and regulations as the commission may from time to time prescribe. Upon the receipt of any such application for such certificate, the commission shall cause notice thereof to be given by mail or by personal service to the chief executive officer of the municipalities affected, if any, and to any person occupying the territory affected, and shall publish such notice once a week for three consecutive weeks in a newspaper of general circulation in each territory affected.   (Ga. L. 1950, p. 311, § 3.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 74 Am. Jur. 2d, Telecommunications, §§ 12, 19, 21.   C.J.S.   - 86 C.J.S., Telecommunications, §§ 5, 6, 8 et seq., 17, 30.
GA Code § 46-5-44 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 5 - Telephone Service|Article 2 - Telephone Service|Part 2 - Construction and Operation of Lines, Plants, or Systems Generally|§ 46-5-44. Power of Commission to Issue or Deny Certificate

 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 system or extension thereof.   (Ga. L. 1950, p. 311, § 4.)   OPINIONS OF THE ATTORNEY GENERAL   Commission without authority to revoke or cancel certificate issued under this section.    - The commission does not have the authority to revoke or cancel a certificate of public convenience and necessity issued under Ga. L. 1950, p. 311, § 4 (see O.C.G.A. § 46-5-44). 1958-59 Op. Att'y Gen. p. 303.   RESEARCH REFERENCES   Am. Jur. 2d.   - 74 Am. Jur. 2d, Telecommunications, §§ 12, 19, 21.   C.J.S.   - 86 C.J.S., Telecommunications, §§ 5, 6, 8 et seq., 17, 30.
GA Code § 46-5-45 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 5 - Telephone Service|Article 2 - Telephone Service|Part 2 - Construction and Operation of Lines, Plants, or Systems Generally|§ 46-5-45. Filing Complaints With Commission Regarding Persons Constructing, Operating, or Acquiring Telephone Line, Plant, or System Without Certificate

 Whenever any person is engaged in or is about to engage in the construction, operation, or acquisition of any telephone line, plant, or system without having secured a certificate of public convenience and necessity as required by Code Section 46-5-41, any interested person may file a complaint with the commission. The commission may, with or without notice, make its order requiring the person complained of to cease and desist from such construction, operation, or acquisition until the commission makes and files its decision on the complaint or until the further order of the commission. The commission may, after a hearing conducted after the giving of reasonable notice, make such order and prescribe such terms and conditions with respect thereto as are just and reasonable.   (Ga. L. 1950, p. 311, § 6.)   RESEARCH REFERENCES   C.J.S.   - 86 C.J.S., Telecommunications, §§ 5, 6, 8 et seq., 17.
GA Code § 46-5-46 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 5 - Telephone Service|Article 2 - Telephone Service|Part 2 - Construction and Operation of Lines, Plants, or Systems Generally|§ 46-5-46. Granting of Certificates to Persons Engaged in Construction or Operation of Telephone Line, Plant, or System as of February 17, 1950

 Repealed by Ga. L. 2012, p. 847, § 10/HB 1115, effective July 1, 2012.   Editor's notes.   - This Code section was based on Ga. L. 1950, p. 311, §§ 1, 5.
GA Code § 46-5-60 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 5 - Telephone Service|Article 2 - Telephone Service|Part 3 - Rural Telephone Cooperatives|§ 46-5-60. Short Title

 This part may be cited as the "Rural Telephone Cooperative Act."   (Ga. L. 1950, p. 192, § 1.)
GA Code § 46-5-61 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 5 - Telephone Service|Article 2 - Telephone Service|Part 3 - Rural Telephone Cooperatives|§ 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. In addition to furnishing telephone service, such cooperative nonprofit corporations may also furnish broadband services directly or indirectly through a contractual arrangement or through a broadband affiliate.   (Ga. L. 1950, p. 192, § 2; Ga. L. 2019, p. 233, § 1/SB 17.)    The 2019 amendment,  effective April 26, 2019, added the last sentence in this Code section.   Cross references.   - Nonprofit corporations generally, Ch. 3, T. 14.
GA Code § 46-5-62 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 5 - Telephone Service|Article 2 - Telephone Service|Part 3 - Rural Telephone Cooperatives|§ 46-5-62. Definitions

 As used in this part, the term:   (.1) "Broadband affiliate" means any person which directly or indirectly controls, is controlled by, or is under common control of one or more cooperatives and which is used to provide broadband services.   (.2) "Broadband services" means a wired or wireless service that consists of the capability to transmit data to and from end users and in combination with such service provides:   Access to the internet; or   Computer processing, information storage, or protocol conversion.   Such term shall include any facilities and equipment associated with such a service and any application or information content to be provided over such a service.    "Cooperative" means any corporation organized under this part or which becomes subject to this part.   "Person" means any natural person, firm, association, corporation, business trust, or partnership.   "Rural area" means any area within this state which is located outside:   The boundaries of an incorporated or unincorporated city, town, village, or borough having a population in excess of 15,000 inhabitants according to the last preceding federal census; and   Any suburban or populated area contiguous to the boundaries of any such city, town, village, or borough, which area has a common economic, social, or administrative interest with any such city, town, village, or borough.     "Telephone company" means any natural person, firm, association, corporation, partnership, cooperative nonprofit membership corporation, or limited dividend or mutual association owning, leasing, or operating any line, facility, or system used in the furnishing of telephone service within this state.   "Telephone service" means any communication service whereby voice communication through the use of electricity and wire connections between the transmitting and receiving apparatus is the principal intended use thereof. This term shall include all telephone lines, facilities, or systems used in the rendition of such service.    (Ga. L. 1950, p. 192, § 3; Ga. L. 1952, p. 4, § 1; Ga. L. 2019, p. 233, § 2/SB 17.)    The 2019 amendment,  effective April 26, 2019, added paragraphs (.1) and (.2), and in subparagraph (3)(A), substituted "15,000 inhabitants" for "1,500 inhabitants".   OPINIONS OF THE ATTORNEY GENERAL   Cellular telecommunications excluded.   - Cellular communications service is not a telephone service and, as such, is not subject to regulation by the Georgia Public Service Commission. 1994 Op. Att'y Gen. No. 94-7.
GA Code § 46-5-64 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 5 - Telephone Service|Article 2 - Telephone Service|Part 3 - Rural Telephone Cooperatives|§ 46-5-64. Power of Superior Court to Create Cooperatives, to Approve Amendments to Their Articles of Incorporation, Conversion, Consolidation, Merger, or Dissolution

 The superior court shall have power, by compliance with this part, to create cooperatives, to approve amendments to articles of incorporation of cooperatives, to approve articles of conversion and combined articles of consolidation and conversion of existing corporations proposing to become subject to this part, to approve articles of consolidation of cooperatives, to approve articles of merger of cooperatives, and to approve articles of dissolution of cooperatives. The judges of the superior court are authorized and empowered to make orders and decrees pursuant to this part in vacation at chambers in the county where the application for such order or decree is pending or in any county forming a part of the judicial circuit in which the application is pending, in the same manner and as fully and amply as the said judges could do in term time.   (Ga. L. 1950, p. 192, § 5.)   Cross references.   - Provisions of Constitution of Georgia relating to granting of corporate powers and privileges, Ga. Const. 1983, Art. III, Sec. VI, Para. V.
GA Code § 46-5-64.1 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 5 - Telephone Service|Article 2 - Telephone Service|Part 3 - Rural Telephone Cooperatives|§ 46-5-64.1. Venue Determinations

  Venue in proceedings against a cooperative shall be determined in accordance with the Constitution of Georgia and this Code section.   Unless otherwise required by the Constitution of Georgia, a cooperative may be sued only in the county of its residence, as described below:   Each cooperative authorized to transact business in this state shall be deemed to reside in the county where its registered office is maintained. If any such cooperative fails to maintain a registered office, it shall be deemed to reside in the county in this state where its last named registered office or principal office, as shown by the records of the Secretary of State, was maintained;   Each cooperative authorized to transact business in this state shall be deemed to reside and may be sued on contracts in the county in which the contract sought to be enforced was made or is to be performed, if it has an office and transacts business in that county; or   Each cooperative authorized to transact business in this state shall be deemed to reside, and may be sued for damages because of torts, wrong, or injury done, in the county where the cause of action originated, if it has an office and transacts business in that county.       (Code 1981, §46-5-64.1, enacted by Ga. L. 2017, p. 352, § 7/SB 46.)
GA Code § 46-5-65 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 5 - Telephone Service|Article 2 - Telephone Service|Part 3 - Rural Telephone Cooperatives|§ 46-5-65. Names of Cooperatives

  The name of the cooperative shall include the words "Telephone" and "Cooperative," and the abbreviation "Inc." unless:   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 of the cooperative is located and with the Secretary of State; or   In an affidavit made by a person signing articles of incorporation, consolidation, merger, or conversion, which relate to such cooperative, and presented concurrently with the presentation for approval of any such articles to the superior court or a judge thereof and filed with the Secretary of State  it shall appear that the cooperative desires to do business in another state and is or would be precluded therefrom by reason of the inclusion of such words or either thereof in its name.      This Code section shall not apply to any corporation which becomes subject to this part by complying with Code Section 46-5-90 or which does business in this state pursuant to Code Section 46-5-99 and which elects to retain a corporate name which does not comply with this Code section.    (Ga. L. 1950, p. 192, § 6.)
GA Code § 46-5-66 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 5 - Telephone Service|Article 2 - Telephone Service|Part 3 - Rural Telephone Cooperatives|§ 46-5-66. Incorporators

 Five or more persons, including cooperatives, may organize a cooperative in the manner provided in this part.   (Ga. L. 1950, p. 192, § 7.)
GA Code § 46-5-67 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 5 - Telephone Service|Article 2 - Telephone Service|Part 3 - Rural Telephone Cooperatives|§ 46-5-67. Contents of Articles of Incorporation; Signing and Acknowledgment; Recitation of Purpose and Powers; Statements Regarding Issuance of Nonvoting Shares of Stock

  Articles of incorporation of a cooperative shall recite that they are executed pursuant to this part; shall state the name of the cooperative, the address of its principal office, the names and addresses of the incorporators, and the names and addresses of its trustees; and may contain any provisions, not inconsistent with this part, which are deemed necessary or advisable for the conduct of its business, including provisions for the issuance of nonvoting shares of stock as provided in this Code section.   Such articles shall be signed by each incorporator and acknowledged by at least two of the incorporators. If the incorporators are cooperatives, the articles shall be signed by representatives of each cooperative and acknowledged by representatives of at least two cooperatives.   It shall not be necessary to recite in the articles of incorporation of a cooperative the purpose for which it is organized or any of its corporate powers.   If a cooperative desires to issue nonvoting shares of stock, its articles of incorporation shall state:   The total number of such shares of stock which may be issued and the par value of each share;   The fixed or maximum rate of dividends on the par value of such shares of stock, in either case not exceeding 4 percent per annum, and whether dividends shall be cumulative or noncumulative;   Whether such shares of stock may be issued to members only or to members and nonmembers;   The maximum number of such shares of stock which may be owned by any person; and   The terms and conditions on which such shares of stock may be transferred, redeemed, and retired.      (Ga. L. 1950, p. 192, § 8.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 74 Am. Jur. 2d, Telecommunications, § 5 et seq.   C.J.S.   - 86 C.J.S., Telecommunications, §§ 18, 19.
GA Code § 46-5-68 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 5 - Telephone Service|Article 2 - Telephone Service|Part 3 - Rural Telephone Cooperatives|§ 46-5-68. Presentation of Articles of Incorporation to Superior Court for Approval; Accompaniment of Articles by Secretary of State's Certificate and by Required Affidavits

 The articles of incorporation, executed and acknowledged in accordance with Code Section 46-5-67, shall be presented, by application signed by two of the persons who signed the articles of incorporation, to the superior court of the county in which the principal office of the cooperative is to be located, or to the judge of the superior court of that county in vacation, or in the event that the judge of the superior court of said county is absent from the circuit, disqualified, or for illness or other reason cannot act in the premises, then to any judge of the superior court of this state. The application shall be accompanied by a certificate of the Secretary of State declaring that the name of the proposed cooperative is not the name of any other then existing corporation registered in the records of the Secretary of State, and by such affidavits as may be required by applicable provisions of this part.   (Ga. L. 1950, p. 192, § 9.)
GA Code § 46-5-69 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 5 - Telephone Service|Article 2 - Telephone Service|Part 3 - Rural Telephone Cooperatives|§ 46-5-69. Approval of Articles by Judicial Order; Application as Constituting Charter of Cooperative

 Upon presentation of the articles of incorporation to the superior court, or to the judge of the superior court, the judge shall examine the same and if it shall appear to the judge that the articles of incorporation are legitimately within the purview and intention of the laws of this state, the judge shall pass an order approving the articles of incorporation. The application, including the articles of incorporation and the order thereon, shall constitute the charter of the cooperative named therein.   (Ga. L. 1950, p. 192, § 10.)
GA Code § 46-5-70 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 5 - Telephone Service|Article 2 - Telephone Service|Part 3 - Rural Telephone Cooperatives|§ 46-5-70. Filing of Articles With Clerk of Court

 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.   (Ga. L. 1950, p. 192, § 11; Ga. L. 2010, p. 9, § 1-85/HB 1055.)    The 2010 amendment,  effective May 12, 2010, deleted ", and shall concurrently therewith deposit with and pay to said clerk the fee provided for in Code Section 46-5-100" following "located" at the end of this Code section.   RESEARCH REFERENCES   Am. Jur. 2d.   - 74 Am. Jur. 2d, Telecommunications, § 5.   C.J.S.   - 86 C.J.S., Telecommunications, §§ 18, 19.
GA Code § 46-5-71 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 5 - Telephone Service|Article 2 - Telephone Service|Part 3 - Rural Telephone Cooperatives|§ 46-5-71. Submittal to Clerk of Publisher's Affidavit

 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 affidavit shall state that there has been deposited with the newspaper the cost of publishing the articles of incorporation and the order of the judge thereon once a week for four weeks.   (Ga. L. 1950, p. 192, § 12.)
GA Code § 46-5-72 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 5 - Telephone Service|Article 2 - Telephone Service|Part 3 - Rural Telephone Cooperatives|§ 46-5-72. Time of Advertisement of Articles; Appearance of Advertisements Prior to Granting of Charter

 The first of said advertisements shall appear within one week after the filing of the articles of incorporation as provided in Code Section 46-5-70 unless otherwise ordered by the court. It shall not be necessary that any of the advertisements appear prior to the granting of the charter by the judge.   (Ga. L. 1950, p. 192, § 13.)
GA Code § 46-5-73 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 5 - Telephone Service|Article 2 - Telephone Service|Part 3 - Rural Telephone Cooperatives|§ 46-5-73. Duty of Clerk to Deliver to Applicants Certified Copies of Articles and of Order Thereon

 Upon the filing of the articles of incorporation and the order of the judge thereon with the clerk of the superior court, the clerk shall forthwith deliver to the applicants or their attorney two certified copies of the articles of incorporation and the order of the judge and the filing of the clerk thereon.   (Ga. L. 1950, p. 192, § 14; Ga. L. 2010, p. 9, § 1-86/HB 1055.)    The 2010 amendment,  effective May 12, 2010, deleted "and the fee being paid as required by Code Section 46-5-70" following "court", deleted "thereon," following "judge", and deleted "and receipt for the cost which has been paid to the clerk" following "thereon" at the end.
GA Code § 46-5-74 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 5 - Telephone Service|Article 2 - Telephone Service|Part 3 - Rural Telephone Cooperatives|§ 46-5-74. Filing of Copies of Articles and Order With Secretary of State; Payment of Fee

 Upon receiving the two certified copies of the articles of incorporation and the order of the judge thereon, the applicants or their attorney shall present the same to the Secretary of State for registration and recordation and shall concurrently therewith pay to the Secretary of State for the use of the state the fee provided for in Code Section 46-5-100.   (Ga. L. 1950, p. 192, § 15; Ga. L. 1984, p. 22, § 46; Ga. L. 1985, p. 149, § 46.)
GA Code § 46-5-75 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 5 - Telephone Service|Article 2 - Telephone Service|Part 3 - Rural Telephone Cooperatives|§ 46-5-75. Certificate of Secretary of State

 The Secretary of State shall thereupon attach to one of the certified copies of the articles of incorporation with order of the judge thereon, which articles of incorporation with the order of the judge thereon constitute the charter of the corporation as granted by the superior court, a certificate in substantially the following form: State of Georgia Office of the Secretary of State Ex Officio Corporation Commissioner This is to certify that ___________________________________________________ (the name of the corporation) has been duly incorporated under the laws of the State of Georgia, on the ______ day of ________________________, ________, for a period of ______ years from said date, in accordance with the certified copy hereto attached, and that a certified copy of the articles of incorporation constituting the charter of said corporation has duly been filed in the office of the Secretary of State and the fees therefor paid, as provided by law. Witness my hand and official seal, this ____ day of ________________________, ________. ___________________________________________________________________ Secretary of State, Ex Officio Corporation Commissioner of the State of Georgia   (Ga. L. 1950, p. 192, § 16; Ga. L. 1982, p. 3, § 46; Ga. L. 1999, p. 81, § 46.)
GA Code § 46-5-76 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 5 - Telephone Service|Article 2 - Telephone Service|Part 3 - Rural Telephone Cooperatives|§ 46-5-76. Certified Copies of Charter and Secretary of State's Certificate as Evidence of Incorporation of Cooperative and of Nature and Contents of Charter

 Such certified copies of the charter, together with the certificate of the Secretary of State thereon, shall be received as evidence in any court or proceeding as evidence of the incorporation of the cooperative and of the nature and contents of its charter.   (Ga. L. 1950, p. 192, § 17.)
GA Code § 46-5-77 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 5 - Telephone Service|Article 2 - Telephone Service|Part 3 - Rural Telephone Cooperatives|§ 46-5-77. Time of Corporate Existence of Cooperative

 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 certificate from the Secretary of State in the manner prescribed in Code Section 46-5-75.   (Ga. L. 1950, p. 192, § 18.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 74 Am. Jur. 2d, Telecommunications, § 5.   C.J.S.   - 86 C.J.S., Telecommunications, § 18.