reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 1 - GENERAL PROVISIONS (§§ 46-5-1 — 46-5-8) › Section 46-5-7 - Plan to ensure confidentiality of family violence shelters' addresses and locations

(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 subscribers in this state shall file a plan with the commission setting forth in detail how such person, corporation, or other entity will protect the confidentiality of the address or location of family violence shelters, as defined in Code Section
19-13-20
, in this state. Such plan shall describe the manner in which the person, corporation, or other entity will identify all such shelters and the manner in which the person, corporation, or other entity will keep the location and address of such shelters confidential.
(b)
Such persons, corporations, and other entities shall update such plans at least every 24 months.
(c)
Such original and updated plans shall be approved by the commission within a reasonable time upon a determination that the plans are reasonably effective in identifying the family violence shelters in the state and in maintaining the confidentiality of the location and address of such family violence shelters. If the commission determines that a plan is inadequate, it shall state the basis on which the plan was determined to be inadequate and shall allow the person, corporation, or other entity filing such plan a period of not more than 30 days to file a revised plan that is acceptable to the commission.
(d)
Such plans shall not be open to examination by the public and shall be exempt from disclosure under the provisions of Article 4 of Chapter 18 of Title 50.
(e)
Within three days of filing original plans or updates with the commission, each person, corporation, or other entity subject to this Code section shall submit a copy of all original plans, updated plans, and revised plans to the State Commission on Family Violence, which is authorized to provide comments concerning such plans to the commission in order to aid in review and approval of such plans.
(f)
The filing or approval of such plans shall not in any manner be a defense to any action or prosecution.
Added by 2004 Ga. Laws 589, § 2, eff. 5/19/2004.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 1 - GENERAL PROVISIONS (§§ 46-5-20 — 46-5-28) › Section 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

(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 Georgia, or the ordinances of any municipality therein, that officer may make oath or affidavit stating his belief to the district attorney of the judicial circuit in which the telephone facilities are located. Thereupon, the district attorney shall petition the judge of the superior court of that circuit to issue a rule nisi which shall be promptly served upon the person in whose name the telephone facilities are listed, requiring the party, within a reasonable time to be fixed by the judge, which shall not be less than 48 hours from time of service of the petition on said party, to show cause before the judge why the telephone facilities should not be promptly removed. At the hearing on the rule nisi the burden of proof shall be upon the petitioner.
(b)
Upon a finding by the court that the telephone facilities are being or have been used in violation of the laws described in subsection (a) of this Code section, the court shall issue an order requiring the telephone company which is rendering service over the facilities to disconnect and remove such facilities. Upon receipt of such order, which shall be served upon an officer of the telephone company by the sheriff of the county in which the telephone facilities are installed or by his duly authorized deputies, the telephone company shall proceed within a reasonable time to disconnect and remove such facilities and discontinue all telephone service rendered over the facilities until further order of the court.
(c)
The law enforcement officer who applies to the district attorney for the removal of such facilities shall, in his official capacity, be a necessary party to any proceeding or action arising out of or under this Code section.
(d)
No telephone company shall be liable for any damages, penalty, or forfeiture, whether civil or criminal, for any act performed in compliance with any order issued by the judge of the superior court under this Code section.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 1 - GENERAL PROVISIONS (§§ 46-5-20 — 46-5-28) › Section 46-5-21 - Using telephone communications for obscene, threatening, or harassing purposes

(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, without disclosing his identity and with intent to annoy, abuse, threaten, or harass any person at the called number;
(3)
Make or cause the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number; or
(4)
Make repeated telephone calls, during which conversation ensues, solely to harass any person at the called number.
(b)
Any person who knowingly permits any telephone under his control to be used for any purpose prohibited by this Code section shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 1 - GENERAL PROVISIONS (§§ 46-5-20 — 46-5-28) › Section 46-5-22 - Using telephone communications for obscene comments, requests, or suggestions; injunction; recorded commercial message

(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 person who makes any such comment, request, suggestion, or proposal may be subject to prosecution under this Code section regardless of whether such person placed or initiated the telephone call.
(b)
It shall be unlawful for any person to permit knowingly any telephone or telephone facility connected to a local exchange telephone under such person's control to be used for any purpose prohibited by this Code section.
(c)
Any person who violates any provision of this Code section shall be guilty of a misdemeanor. For purposes of this subsection, each day of a violation shall constitute a separate offense.
(d)
A court may grant a preliminary injunction under this Code section after due notice to the party to be enjoined and upon a sufficient showing of the likelihood of ultimate success in a prosecution under this Code section and showing that such injunction would be in the public interest. Such injunction shall be dissolved by the court if a full trial on the merits is not scheduled within such period as may be specified by the court not to exceed 30 days.
(e)
In the event that a person applies to a local exchange telephone company for use of the local exchange telephone company's facilities for the purpose of transmitting a recorded commercial message, the local exchange telephone company shall have the authority to review the message and deny the applicant's request for facilities if the message appears to violate the provisions of this Code section.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 1 - GENERAL PROVISIONS (§§ 46-5-20 — 46-5-28) › Section 46-5-24 - Use of certain telephone numbers by ADAD equipment prohibited

(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 messages to the numbers so selected or dialed.
(2)
"976 number" means any seven-digit telephone number the first three digits of which are 976 or any other combination of numbers and for which a per-call fee is charged for calling such telephone number.
(b)
(1)
It shall be unlawful for any person making use of a 976 number for the receipt of incoming calls to use, to employ or direct another person to use, or to contract for the use of ADAD equipment for the purpose of soliciting any person to call such 976 number.
(2)
It shall be unlawful for any person making use of a 976 number for the receipt of incoming calls to use, to employ or direct another person to use, or to contract for the use of the United States mail for the purpose of soliciting any person to call such 976 number.
(c)
No telephone exchange company shall provide access to a 976 number or numbers to any person who solicits calls to such number or numbers through the use of ADAD equipment or through the use of the United States mail. The telephone exchange companies shall, upon the order of the commission, withdraw access to a 976 number or numbers from any person if calls to such number or numbers are solicited by ADAD equipment or are solicited through the use of the United States mail.
(d)
The provisions of this Code section shall supersede any rule, regulation, or order governing the use of 976 numbers if such is in conflict with this Code section. Except for criminal sanctions, the commission is charged with the responsibility of enforcing this Code section. Any person who violates any provision of this Code section shall be subject to disconnection of 976 number telephone service if the commission determines that any violation has occurred and upon the commission's, thereafter, issuing an order directing such disconnection.
(e)
Any person who violates any provision of subsection (b) of this Code section shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 1 - GENERAL PROVISIONS (§§ 46-5-20 — 46-5-28) › Section 46-5-25 - Transmission of unsolicited commercial facsimile messages

(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 another person to initiate the transmission of, or contract for the initiation of the transmission of an unsolicited facsimile message for the commercial purpose of advertising or offering the sale, lease, rental, or gift of any goods, services, or real or personal property.
(c)
(1)
Subsection (b) of this Code section shall not apply where the recipient has consented to the receipt of one or more telefacsimile messages or where there exists a prior contractual or business relationship between the recipient and the initiator or the initiator's principal.
(2)
The exception provided for in paragraph (1) of this subsection shall not apply where the recipient has notified the initiator or the initiator's principal that the recipient does not wish to receive further telefacsimile messages from the initiator or the initiator's principal.
(d)
Any person who violates this Code section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $1,000.00. Each transmission of a facsimile message in violation of this Code section shall constitute a separate offense.
(e)
The commission is charged with the responsibility of civil enforcement of this Code section and the commission shall require local exchange companies to file with the commission appropriate tariff revisions to implement this subsection. Any person who violates the provisions of this Code section shall be subject to disconnection of telephone service if the violation does not cease within ten days from the date of notification to such person by the local exchange company; and the tariff revisions filed by local exchange companies shall provide for the giving of such notification by local exchange companies and for such disconnection of service.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 1 - GENERAL PROVISIONS (§§ 46-5-20 — 46-5-28) › Section 46-5-26 - Access to live telephone operator

(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. This Code section applies regardless of the method by which the telecommunications utility or telecommunications company provides the operator service. The requirements of this Code section shall not apply to telephones located in prisons or jail facilities or to wireless telecommunication services. For the purpose of this Code section, "operator services" means services that are provided when a caller dials "0".
(b)
The failure of a telecommunications utility or telecommunications company to provide access to a live operator as required in subsection (a) of this Code section shall not serve as the basis for a cause of action for personal injuries or damage to property.
Amended by 2012 Ga. Laws 700,§ 8, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 1A - TELEPHONE SYSTEM FOR THE PHYSICALLY IMPAIRED (§§ 46-5-30 — 46-5-31) › Section 46-5-31 - Rates and charges; surcharge not includable in gross receipts subject to franchise tax

(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 relay system. Local exchange telephone companies shall be compensated for any collection, inquiry, or other administrative services provided by said companies in conjunction with the operation of the dual party relay system.
(b)
The surcharge created by this part and collected by the local exchange telephone companies is not includable in gross receipts subject to franchise tax allowed pursuant to Code Section
36-34-2
or subject to the sales and use taxes levied under Chapter 8 of Title 48.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 2 - CONSTRUCTION AND OPERATION OF LINES, PLANTS, OR SYSTEMS GENERALLY (§§ 46-5-40 — 46-5-46) › Section 46-5-40 - "Person" defined

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 or mutual association, with respect to that part or portion of its operations devoted to the furnishing of telephone service within this state.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 2 - CONSTRUCTION AND OPERATION OF LINES, PLANTS, OR SYSTEMS GENERALLY (§§ 46-5-40 — 46-5-46) › Section 46-5-41 - Obtaining of certificate of public convenience and necessity for construction, operation, acquisition, or extension of telephone lines, plants, or systems

No person shall construct or operate any telephone line, plant, or system or any extension thereof or acquire ownership or control thereof, either directly or indirectly, without first obtaining from the Public Service Commission a certificate that the present or future public convenience and necessity require or will require such construction, operation, or acquisition.
Amended by 2012 Ga. Laws 700,§ 9, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 2 - CONSTRUCTION AND OPERATION OF LINES, PLANTS, OR SYSTEMS GENERALLY (§§ 46-5-40 — 46-5-46) › Section 46-5-42 - Interference with existing telephone lines, plants, or systems by person constructing or extending a telephone line, plant, or system

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 claiming to be injuriously affected, 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.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 2 - CONSTRUCTION AND OPERATION OF LINES, PLANTS, OR SYSTEMS GENERALLY (§§ 46-5-40 — 46-5-46) › Section 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.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 2 - CONSTRUCTION AND OPERATION OF LINES, PLANTS, OR SYSTEMS GENERALLY (§§ 46-5-40 — 46-5-46) › Section 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.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 2 - CONSTRUCTION AND OPERATION OF LINES, PLANTS, OR SYSTEMS GENERALLY (§§ 46-5-40 — 46-5-46) › Section 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.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 2 - CONSTRUCTION AND OPERATION OF LINES, PLANTS, OR SYSTEMS GENERALLY (§§ 46-5-40 — 46-5-46) › Section 46-5-46 - [Repealed] Granting of certificates to persons engaged in construction or operation of telephone line, plant, or system as of February 17, 1950

Repealed by 2012 Ga. Laws 700,§ 10, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 3 - RURAL TELEPHONE COOPERATIVES (§§ 46-5-60 — 46-5-105) › Section 46-5-60 - Short title

This part may be cited as the "Rural Telephone Cooperative Act."
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 3 - RURAL TELEPHONE COOPERATIVES (§§ 46-5-60 — 46-5-105) › Section 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.
Amended by 2019 Ga. Laws 52,§ 1, eff. 4/26/2019.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 3 - RURAL TELEPHONE COOPERATIVES (§§ 46-5-60 — 46-5-105) › Section 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:
(A)
Access to the internet; or
(B)
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.
(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 within this state which is located outside:
(A)
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
(B)
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.
(4)
"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.
(5)
"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.
Amended by 2019 Ga. Laws 52,§ 2, eff. 4/26/2019.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 3 - RURAL TELEPHONE COOPERATIVES (§§ 46-5-60 — 46-5-105) › Section 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.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 3 - RURAL TELEPHONE COOPERATIVES (§§ 46-5-60 — 46-5-105) › Section 46-5-64.1 - Venue determinations

(a)
Venue in proceedings against a cooperative shall be determined in accordance with the Constitution of Georgia and this Code section.
(b)
Unless otherwise required by the Constitution of Georgia, a cooperative may be sued only in the county of its residence, as described below:
(1)
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;
(2)
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
(3)
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.
Added by 2017 Ga. Laws 173,§ 7, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 3 - RURAL TELEPHONE COOPERATIVES (§§ 46-5-60 — 46-5-105) › Section 46-5-65 - Names of cooperatives

(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 of the cooperative is located and with the Secretary of State; or
(2)
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.
(b)
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.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 3 - RURAL TELEPHONE COOPERATIVES (§§ 46-5-60 — 46-5-105) › Section 46-5-66 - Incorporators

Five or more persons, including cooperatives, may organize a cooperative in the manner provided in this part.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 3 - RURAL TELEPHONE COOPERATIVES (§§ 46-5-60 — 46-5-105) › Section 46-5-67 - Contents of articles of incorporation; signing and acknowledgment; recitation of purpose and powers; statements regarding issuance of nonvoting shares of stock

(a)
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.
(b)
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.
(c)
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.
(d)
If a cooperative desires to issue nonvoting shares of stock, its articles of incorporation shall state:
(1)
The total number of such shares of stock which may be issued and the par value of each share;
(2)
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;
(3)
Whether such shares of stock may be issued to members only or to members and nonmembers;
(4)
The maximum number of such shares of stock which may be owned by any person; and
(5)
The terms and conditions on which such shares of stock may be transferred, redeemed, and retired.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 3 - RURAL TELEPHONE COOPERATIVES (§§ 46-5-60 — 46-5-105) › Section 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.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 3 - RURAL TELEPHONE COOPERATIVES (§§ 46-5-60 — 46-5-105) › Section 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.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 3 - RURAL TELEPHONE COOPERATIVES (§§ 46-5-60 — 46-5-105) › Section 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.
Amended by 2010 Ga. Laws 360,§ 1-85, eff. 5/12/2010.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 3 - RURAL TELEPHONE COOPERATIVES (§§ 46-5-60 — 46-5-105) › Section 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.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 3 - RURAL TELEPHONE COOPERATIVES (§§ 46-5-60 — 46-5-105) › Section 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.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 3 - RURAL TELEPHONE COOPERATIVES (§§ 46-5-60 — 46-5-105) › Section 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.
Amended by 2010 Ga. Laws 360,§ 1-86, eff. 5/12/2010.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 3 - RURAL TELEPHONE COOPERATIVES (§§ 46-5-60 — 46-5-105) › Section 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
.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 3 - RURAL TELEPHONE COOPERATIVES (§§ 46-5-60 — 46-5-105) › Section 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
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 3 - RURAL TELEPHONE COOPERATIVES (§§ 46-5-60 — 46-5-105) › Section 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.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 3 - RURAL TELEPHONE COOPERATIVES (§§ 46-5-60 — 46-5-105) › Section 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
.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 3 - RURAL TELEPHONE COOPERATIVES (§§ 46-5-60 — 46-5-105) › Section 46-5-78 - Bylaws of cooperative generally

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 board of directors shall have the power to alter, amend, or repeal the bylaws, or adopt new bylaws, unless such power is reserved exclusively to the members of the cooperative by this part, the articles of incorporation, or bylaws previously adopted by the members; provided, however, that any bylaws adopted by the board of directors may be altered, amended, or repealed and new bylaws may be adopted by the members. The members may prescribe that any bylaws adopted by them shall not be altered, amended, or repealed by the board of directors. The members may adopt, amend, or repeal the bylaws by the affirmative vote of a majority of those members voting thereon at a meeting of the members. The bylaws shall set forth the rights and duties of members, directors, and shareholders, if any, and may contain other provisions for the regulation and management of the affairs of the cooperative not inconsistent with this part or with its articles of incorporation.
Amended by 2017 Ga. Laws 173,§ 8, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 3 - RURAL TELEPHONE COOPERATIVES (§§ 46-5-60 — 46-5-105) › Section 46-5-79 - Qualifications for membership in cooperative; certificate of membership; share certificates; payment for shares of stock

(a)
Each incorporator of a cooperative shall be a member thereof, but no other person may become a member thereof unless he agrees to use telephone service furnished by the cooperative when it is made available through its facilities. Membership in a cooperative shall be evidenced by a certificate of membership, which shall not be transferable, except as provided in the bylaws. The bylaws may prescribe additional qualifications and limitations in respect of membership, provided that ownership of shares of stock, if any are authorized, shall not be a condition of membership in the cooperative.
(b)
If the issuance of shares of stock is provided for in the articles of incorporation, ownership of such shares shall be evidenced by share certificates. No share of stock shall be issued except for cash, or for property at its fair value, in an amount equal to the par value of such share of stock.
(c)
Membership and share certificates shall contain such provisions, consistent with this part and the articles of incorporation of the cooperative, as shall be prescribed by its bylaws.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 3 - RURAL TELEPHONE COOPERATIVES (§§ 46-5-60 — 46-5-105) › Section 46-5-80 - Meetings of members - Generally

(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.
(b)
Special meetings of the members may be called by the president, by the board of directors, by any three directors, or by not less than 200 members or 10 percent of all members, whichever is less.
(c)
Except as otherwise provided in this part, written or printed notice stating the time and place of each meeting of the members and, in the case of a special meeting, the purpose or purposes for which the meeting is called, shall be given to each member, either personally or by mail, not less than ten days nor more than 25 days before the date of the meeting. If mailed, such notice shall be deemed to be given when deposited in the United States mail with postage prepaid, addressed to the member at his address as it appears on the records of the cooperative.
(d)
Unless the bylaws prescribe the presence of a greater percentage or number of the members for a quorum, a quorum for the transaction of business at all meetings of the members of a cooperative having not more than 500 members shall be 10 percent of all members present in person. A quorum for a cooperative having more than 500 members shall be 50 members or 2 percent of all members, whichever is greater, present in person. If less than a quorum is present at any meeting, a majority of those present in person may adjourn the meeting to another time without the giving of notice of such later meeting to absent members.
(e)
Each member shall be entitled to one vote on each matter submitted to a vote at a meeting of the members. Voting shall be in person, but, if the bylaws so provide, may also be by mail.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 3 - RURAL TELEPHONE COOPERATIVES (§§ 46-5-60 — 46-5-105) › Section 46-5-81 - Meetings of members - Waiver of notice

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 to the transaction of any business because the meeting has not been legally called or convened.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 2 - TELEPHONE SERVICE (§§ 46-5-20 — 46-5-139) › Part 3 - RURAL TELEPHONE COOPERATIVES (§§ 46-5-60 — 46-5-105) › Section 46-5-83 - Division of service territory into districts; election of district delegates; boundaries of districts; voting by members at district meetings and by district delegates at any meeting

The bylaws may provide for the division of the territory served or to be served by a cooperative into two or more districts for any purpose, including, without limitation, the nomination and election of directors and the election and functioning of district delegates. Such delegates, who shall be members, may nominate and elect directors. The bylaws shall prescribe the boundaries of the districts or the manner of establishing such boundaries, the manner of changing such boundaries, and the manner in which such districts shall function. No member at any district meeting, and no district delegate at any meeting, shall vote by proxy or by mail.