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 4 - TELECOMMUNICATIONS AND COMPETITION DEVELOPMENT (§§ 46-5-160 — 46-5-174) › Section 46-5-161 - Legislative findings; intent

(a)
The General Assembly finds:
(1)
It is in the public interest to establish a new regulatory model for telecommunications services in Georgia to reflect the transition to a reliance on market based competition as the best mechanism for the selection and provision of needed telecommunications services at the most efficient pricing;
(2)
Investment in the telecommunications infrastructure required to further economic growth in Georgia and to meet the growing demands of Georgia's consumers will be encouraged through competition; and
(3)
In order to ensure the implementation of this new reliance on market based competition, any legislative obstacles to competition for local exchange services must be removed.
(b)
It is the intent of this article to:
(1)
Permit local exchange companies to elect alternative forms of regulation;
(2)
Protect the consumer during the transition to a competitive telecommunications market;
(3)
Assure reasonable cost for universal access to basic telecommunications services throughout Georgia;
(4)
Encourage investment in Georgia's telecommunications infrastructure and encourage the introduction of innovative products and services for Georgia's consumers;
(5)
Authorize competition for local exchange services; and
(6)
Allow pricing flexibility for all telecommunications services other than basic local exchange services.
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 4 - TELECOMMUNICATIONS AND COMPETITION DEVELOPMENT (§§ 46-5-160 — 46-5-174) › Section 46-5-163 - Certificates of authority

(a)
A telecommunications company including a telecommunications services reseller shall not provide telecommunications services without a certificate of authority issued by the commission. The provisions of Code Section
46-5-45
shall apply in circumstances where a telecommunications company is providing telecommunications services without a certificate issued by the commission.
(b)
The commission shall have the authority to issue multiple certificates of authority for local exchange services upon a showing to the commission that an applicant possesses satisfactory financial and technical capability. Any certificate existing on July 1, 1995, shall remain effective and shall be considered a certificate of authority under this article. A certificate is not required for a telecommunications company to provide commercial mobile services. The commission shall also have the authority to issue certificates to long distance telecommunications carriers subject to federal court decisions, federal law, and regulations of the Federal Communications Commission.
(c)
A showing of public convenience and necessity is not a condition for issuing a competing certificate of authority. Prior to July 1, 1998, only a currently certificated Tier 2 local exchange company may be issued a certificate of authority to compete for service in an area serviced by an existing Tier 2 local exchange company.
(d)
Any certificate of authority issued by the commission is subject to revocation, suspension, or adjustment where the commission finds upon complaint and hearing that a local exchange company has engaged in unfair competition or has abused its market position.
(e)
The commission shall grant certificates of authority in a timely manner and all such proceedings on complaints regarding abuse shall be resolved in a timely manner.
(f)
All local exchange companies certificated by the commission shall be subject to the same rules and regulations applied by the commission to other local exchange companies certificated to provide local exchange services within the same area; provided, however, that in promulgating rules and regulations necessary to implement the provisions of this article, the commission may adopt rules and regulations for local exchange companies certificated after July 1, 1995, which vary from other rules and regulations applicable to the delivery of telecommunications services but which are appropriate and consistent to service being delivered by such local exchange companies and are adopted in the public interest.
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 4 - TELECOMMUNICATIONS AND COMPETITION DEVELOPMENT (§§ 46-5-160 — 46-5-174) › Section 46-5-165 - Alternative regulation of rates, terms, and conditions

(a)
Any Tier 1 local exchange company may elect to have its rates, terms, and conditions for its services determined pursuant to the alternative regulation described in this article, in lieu of other forms of regulation including but not limited to rate of return or rate base monitoring or regulation, upon the filing of notice with the commission and committing to provide basic local exchange services upon reasonable request and to invest $500 million per year for five years to improve and strengthen telecommunications services in Georgia; provided, however, that after the expiration of three years of such investments, the commission shall determine, after notice and opportunity for a Tier 1 local exchange company or other interested parties to be heard, whether such investment commitment should be continued for the remaining two years or whether such commitment should be reduced.
(b)
Any Tier 2 local exchange company may elect to have the rates, terms, and conditions for its services determined pursuant to the alternative regulation described in this article upon the filing of notice with the commission and committing to provide basic local exchange services upon reasonable request.
(c)
The alternative regulation under this article shall become effective on the date specified by the electing company but in no event sooner than 30 days after such notice is filed with the commission.
(d)
On the date a telecommunications company elects the alternative regulation described in this article, all existing rates, terms, and conditions for the services provided by the electing company contained in the then existing tariffs and contracts are deemed 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 4 - TELECOMMUNICATIONS AND COMPETITION DEVELOPMENT (§§ 46-5-160 — 46-5-174) › Section 46-5-169 - Company obligations associated with alternative regulation

A company electing alternative regulation:
(1)
Shall comply with orders issued and rules adopted by the commission to implement the express provisions of this article as a condition of obtaining or retaining a certificate of authority under this article;
(2)
Shall not refuse any reasonable application for basic local exchange service;
(3)
Shall not give any unreasonable preference or advantage to any customer when providing telecommunications services;
(4)
Shall not, either directly or through affiliated companies, engage in any anticompetitive act or practice including but not limited to price squeezing, price discrimination, predatory pricing, or tying arrangements, as such terms are commonly applied in antitrust law;
(5)
Shall not cross-subsidize nonregulated or alternatively regulated services with revenue created by regulated services;
(6)
Shall not give any preference to affiliated companies;
(7)
Shall allow the resale of its services. Nothing in this Code section shall restrict a customer from authorizing an agent to order such services on its behalf; and
(8)
Shall not be required to seek regulatory approval of its depreciation rates or schedules.
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 4 - TELECOMMUNICATIONS AND COMPETITION DEVELOPMENT (§§ 46-5-160 — 46-5-174) › Section 46-5-170 - Access to local telephone numbering resources and assignments

Providers of local exchange services shall have access to local telephone numbering resources and assignments on equitable terms that include recognition of the scarcity of such resources and that are in accordance with adopted national assignment guidelines and commission rules. Additionally, all local exchange companies shall make the necessary modifications to allow portability of local numbers between different certificated providers of local exchange service as soon as reasonably possible after such portability has been shown to be technically and economically feasible and in the public interest.
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 4 - TELECOMMUNICATIONS AND COMPETITION DEVELOPMENT (§§ 46-5-160 — 46-5-174) › Section 46-5-171 - Local call charges based on duration or time of call prohibited

A local exchange company may not charge a residential customer or single line business for basic local exchange service based on the duration of a call or on the time of day that a call is made; provided, however, that such restriction shall not apply in any case where a customer or business requests charges based on the duration of a call or on the time of day that a call is made. This Code section does not prohibit a local exchange company from offering discounts based on the time of day that a call is made if the company also offers basic local exchange service at a rate permitted under Code Section
46-5-166
.
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 4 - TELECOMMUNICATIONS AND COMPETITION DEVELOPMENT (§§ 46-5-160 — 46-5-174) › Section 46-5-171.1 - Written authorization required by customer prior to being charged for service initiated by a third party

(a)
Except as provided in subsection (b) of this Code section, no telecommunications company shall charge a customer for any service which is provided to the customer by a nonaffiliated third party until such third party has certified to the telecommunications company that the third party has received the customer's written authorization for such charges. When a customer initiates a new type of such third-party service or changes the type or types of such third-party service received, the invoice for such new or changed services must state the charges for such services in a clear, conspicuous, separate, and distinct manner so as to ensure that the customer is aware of the new or changed charges. Any telecommunications company that charges a customer for a service which is provided to the customer by a nonaffiliated third party must provide to such customer the ability to block the nonaffiliated third-party service and any charges associated with such service.
(b)
This Code section shall not apply to any transaction between a customer and that customer's selected provider of basic local exchange, inter-LATA, or intra-LATA telecommunications services or initial requests to subscribe to such services; wireless services; requests for a change in a customer's provider of local exchange service or a change in a customer's primary interexchange inter-LATA or intra-LATA carrier; or customer initiated use of abbreviated dialing codes or other pay-per-use services.
Amended by 2009 Ga. Laws 80,§ 1, eff. 1/1/2010.
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 4 - TELECOMMUNICATIONS AND COMPETITION DEVELOPMENT (§§ 46-5-160 — 46-5-174) › Section 46-5-172 - Annual report of Tier 1 company's investment commitment

A Tier 1 local exchange company shall provide an annual report with quarterly updates to the commission regarding its investment commitment as prescribed in subsection (a) of Code Section
45-5-165
. Contributions to infrastructure for distance learning and telemedicine by a Tier 1 local exchange company shall be considered an investment credit toward the required investment commitment of such Tier 1 company.
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 4 - TELECOMMUNICATIONS AND COMPETITION DEVELOPMENT (§§ 46-5-160 — 46-5-174) › Section 46-5-173 - Unpublished telephone identification

(a)
Any person that obtains an unpublished telephone identification using a telephone caller identification service may not do any of the following without the written consent of the customer of the unpublished telephone line identification:
(1)
Intentionally disclose the unpublished telephone line identification to another person for purposes of resale or commercial gain;
(2)
Intentionally use the unpublished telephone line identification to solicit business; or
(3)
Intentionally disclose the unpublished telephone line identification through a computer data base, on-line bulletin board, or other similar mechanism.
(b)
Each intentional disclosure or use of an unpublished telephone line identification is a separate violation. A person other than a corporation who violates subsection (a) of this Code section may be required by the commission to pay a civil penalty of not more than $5,000.00. A corporation that violates subsection (a) of this Code section may be required by the commission to pay a civil penalty of not more than $50,000.00.
(c)
The commission shall promulgate rules to further establish privacy guidelines applicable to telecommunications services.
(d)
No provider of telephone caller identification service shall be held liable for violations of this article committed by other persons or corporations.
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 4 - TELECOMMUNICATIONS AND COMPETITION DEVELOPMENT (§§ 46-5-160 — 46-5-174) › Section 46-5-174 - Commission's annual report to General Assembly

The commission shall report to the General Assembly annually on the status of the transition to alternative regulation of telecommunications services in 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 5 - TELECOMMUNICATIONS MARKETING ACT OF 1998 (§§ 46-5-180 — 46-5-192) › Section 46-5-180 - Short title

This article shall be known and may be cited as the "Telecommunications Marketing Act of 1998."
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 5 - TELECOMMUNICATIONS MARKETING ACT OF 1998 (§§ 46-5-180 — 46-5-192) › Section 46-5-181 - Definitions

As used in this article, the terms "local exchange company," "telecommunications company," and "telecommunications services" shall have the same meaning as provided in Code Section
46-5-162
; the term "local exchange carrier" shall have the same meaning as "local exchange company"; and the term "long distance service" shall include interexchange inter-LATA telecommunications service and interexchange intra-LATA telecommunications 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 5 - TELECOMMUNICATIONS MARKETING ACT OF 1998 (§§ 46-5-180 — 46-5-192) › Section 46-5-182 - Certification of telecommunications companies which bill for or solicit intrastate telecommunications services

No telecommunications company shall bill for intrastate telecommunications services or solicit intrastate telecommunications services within this state without a certificate of authority from the Georgia Public Service Commission; provided, however, that a certificate is not required for a telecommunications company to bill for or solicit commercial mobile services. If a telecommunications company which is certificated in Georgia uses a rebiller or other entity to render a final bill, then the name of the telecommunications company which is actually providing the telecommunications service, as the name appears on its Georgia certificate, shall appear on the bill, subject to space limitations.
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 5 - TELECOMMUNICATIONS MARKETING ACT OF 1998 (§§ 46-5-180 — 46-5-192) › Section 46-5-185 - Investigation and reporting requirements

(a)
A customer shall first report any unwanted, unauthorized change of the customer's primary local exchange or long distance carrier to the customer's current primary local exchange or long distance carrier or the commission; and, thereafter, such carrier shall investigate this complaint along with the soliciting local exchange or long distance carrier in order to determine if the change was authorized in accordance with the procedures specified in Code Sections
46-5-183
and
46-5-184
. If the customer's current primary local exchange or long distance carrier and the soliciting local exchange or long distance carrier have exhausted all means of making a determination regarding authorization of such change, then they may employ the assistance of the commission in resolving the complaint.
(b)
If the soliciting carrier subscribes to an expedited primary interexchange carrier switchback service, no investigation will be conducted by the customer's current primary local exchange carrier unless the customer specifically requests that an investigation be conducted. In these situations, the customer shall be switched back promptly to the former primary long distance carrier at no charge to the customer, consistent with this article.
(c)
All local exchange companies shall maintain monthly records of the number of unauthorized changes and expedited switchbacks of a customer's primary local exchange or long distance service carrier and shall report such data to the commission on a quarterly basis within 45 days following the end of the quarter.
(d)
Nothing in this Code section shall be construed to require a customer reporting any unwanted, unauthorized change to exhaust any administrative remedy or remedies that such customer may have available by law before filing an action under the provisions of Code Section
46-5-191
.
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 5 - TELECOMMUNICATIONS MARKETING ACT OF 1998 (§§ 46-5-180 — 46-5-192) › Section 46-5-186 - Time limit on certain actions of local exchange carrier

The customer's current local exchange carrier shall initiate action to change the customer back to the prior local exchange or long distance carrier or to another local exchange or long distance carrier of the customer's choice within three business days after a customer's request for such a change.
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 5 - TELECOMMUNICATIONS MARKETING ACT OF 1998 (§§ 46-5-180 — 46-5-192) › Section 46-5-187 - Abusive telemarketing acts or practices

Telecommunications companies may not engage in any abusive telemarketing act or practice. Each instance of engaging in an abusive act or practice shall constitute a separate violation of this article. Abusive telemarketing acts or practices shall include but not be limited to the following conduct:
(1)
Threats, intimidation, or the use of profane or obscene language;
(2)
Causing any telephone to ring, or engaging any person in telephone conversation, repeatedly or continuously with intent to annoy, abuse, or harass any person called at that number; and
(3)
Engaging in outbound telephone calls to a person's residence at any time other than between 8:00 A.M. and 9:00 P.M. local time at the called person's residence unless such person has consented prior to the initiation of the call.
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 5 - TELECOMMUNICATIONS MARKETING ACT OF 1998 (§§ 46-5-180 — 46-5-192) › Section 46-5-188 - Forgery or falsification prohibited

Any employee, representative, or agent of a telecommunications company who forges a customer's signature on a letter of agency or otherwise falsifies evidence of customer authorization of a change of a primary local exchange or long distance carrier shall be guilty of a misdemeanor. Each instance of such forgery or falsification shall be a separate offense.
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 5 - TELECOMMUNICATIONS MARKETING ACT OF 1998 (§§ 46-5-180 — 46-5-192) › Section 46-5-189 - Penalty for willful violation of article

Any willful violation of this article is subject to enforcement as provided in Code Sections
46-2-91
,
46-2-92
, and
46-2-93
. In addition, without limiting the scope of Part 2 of Article 15 of Chapter 1 of Title 10, the "Fair Business Practices Act of 1975," any willful violation of this article shall also constitute a violation of Code Section
10-1-393
. Continued willful violations of this article may also constitute grounds for revocation of a telecommunications company's authority or certificate to provide service in Georgia. Notwithstanding anything to the contrary contained elsewhere in this article, any other activity or conduct engaged in during the course of changing a customer's primary local exchange or long distance carrier which is intended to mislead, deceive, confuse, or perpetrate a fraud or unfair or deceptive act or practice shall constitute cause, within the discretion of the commission, to invoke the penalties or revocation, or both, described in 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 5 - TELECOMMUNICATIONS MARKETING ACT OF 1998 (§§ 46-5-180 — 46-5-192) › Section 46-5-190 - Factual findings by Public Service Commission

If, after a hearing on a complaint, the commission shall determine that the complainant's selection of a primary local exchange or long distance carrier was switched in violation of this article, the commission may make factual findings regarding the amount of damages suffered by the complainant as a result of the unauthorized switch. Such damages shall be calculated as the amount of the difference between the charges for the unauthorized and the authorized service from the date of the unauthorized switch in the complainant's 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 5 - TELECOMMUNICATIONS MARKETING ACT OF 1998 (§§ 46-5-180 — 46-5-192) › Section 46-5-191 - Cause of action for damages resulting from violations of this article

In the event that the remedies provided by Code Section
46-5-185
fail to restore a person or entity to that person's or entity's selected primary carrier of local exchange or long distance service and fail to reimburse the person or entity for the difference between the charges for the unauthorized and the authorized service, within 90 days of the person's or entity's report of an unwanted, unauthorized change of a primary local exchange or long distance carrier to the carriers or the commission as provided in Code Section
46-5-185
, then such person or entity whose primary carrier of local exchange or long distance service has been switched in violation of this article may bring an action to recover damages from the telecommunications company responsible for the violation. The superior, magistrate, and state courts of this state shall have jurisdiction over such actions. Notwithstanding any provision of Code Section
46-2-9
to the contrary, such action may be brought in any county of this state in which the telecommunications company transacts business within 24 months of the date of the unauthorized switch of a primary carrier; provided, however, that the running of the statute of limitations shall be tolled during the 90 day period during which the matter is under investigation pursuant to Code Section
46-5-185
. Such action shall proceed in all respects like other civil suits for damages, except that on the trial of such suits any findings of the commission made pursuant to Code Section
46-5-190
shall be prima-facie evidence of the facts stated therein, and damages shall be calculated as three times the amount of the difference between the charges for the unauthorized and the authorized service from the date of the unauthorized switch in the complainant's service. A prevailing plaintiff shall be awarded reasonable attorneys' fees and expenses of litigation incurred in connection with an action brought 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 5 - TELECOMMUNICATIONS MARKETING ACT OF 1998 (§§ 46-5-180 — 46-5-192) › Section 46-5-192 - Construction

(a)
Nothing in this article shall be construed to limit or repeal the application of any state or federal law or regulation regarding telemarketing. In addition, nothing in this article shall be construed to limit the application of any such law or regulation to telecommunications companies which engage in telemarketing.
(b)
Nothing in this article shall prohibit a telecommunications company from recovering the cost of conducting investigations and reporting unauthorized changes of a customer's primary local exchange or long distance carrier through tariffed charges or through rates filed with the commission which are applicable to the carrier making such an unauthorized charge.
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 6 - DISCLOSURE OF TELEPHONE RECORDS (§§ 46-5-210 — 46-5-214) › Section 46-5-210 - Definitions

(a)
As used in this article, the term:
(1)
"Breach of telephone records" means the unauthorized acquisition of telephone records that compromises the security, confidentiality, or integrity of that information as maintained by the telecommunications company.
(2)
"End user" means any person, corporation, partnership, firm, municipality, cooperative, organization, governmental agency, building owner, or other entity provided with a telecommunications service for its own consumption and not for resale.
(3)
"Notice" means:
(A)
Written notice;
(B)
Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in Section 7001 of Title 15 of the United States Code; or
(C)
Substitute notice, if the telecommunications company demonstrates that the cost of providing notice would exceed $250,000.00, that the affected class to be notified exceeds 500,000 individuals, or that the telecommunications company does not have sufficient contact information to provide written or electronic notice to such individuals. Substitute notice shall consist of all of the following:
(i)
E-mail notice, if the telecommunications company has e-mail addresses for the individuals to be notified;
(ii)
Conspicuous posting of the notice on the telecommunications company's website, if the telecommunications company maintains one; and
(iii)
Notification to major state-wide media.
(4)
"Telephone record" means information retained by a telecommunications company that relates to the telephone number dialed by the customer, the number of telephone calls directed to a customer, or other data related to the telephone calls typically contained on a customer telephone bill, such as the time the calls started and ended, the duration of the calls, the time of day the calls were made, and any charges applied. For purposes of this article, any information collected and retained by, or on behalf of, customers utilizing caller identification or other similar technology does not constitute a telephone record.
Added by 2006 Ga. Laws 648,§ 5, eff. 4/28/2006.
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 6 - DISCLOSURE OF TELEPHONE RECORDS (§§ 46-5-210 — 46-5-214) › Section 46-5-211 - Consent of end user required for release of telephone records; law enforcement exception

No telecommunications company may release the telephone records of any end user with a Georgia billing address without the express consent of the end user except with proper law enforcement or court order documentation, as otherwise allowed by law, or by an interconnection agreement that has been approved by the Public Service Commission.
Added by 2006 Ga. Laws 648,§ 5, eff. 4/28/2006.
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 6 - DISCLOSURE OF TELEPHONE RECORDS (§§ 46-5-210 — 46-5-214) › Section 46-5-212 - Security certification required

Each telecommunications company shall provide annually to the office of the Attorney General certification that it has established operating procedures for security of telephone records that are adequate to ensure compliance with
47 U.S.C. Section 222
and any rules promulgated thereunder.
Added by 2006 Ga. Laws 648,§ 5, eff. 4/28/2006.
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 6 - DISCLOSURE OF TELEPHONE RECORDS (§§ 46-5-210 — 46-5-214) › Section 46-5-213 - Circumstances to which this article not applicable

No provision of this article shall be construed to prohibit a telecommunications company, vendor, or supplier from obtaining, using, releasing, or permitting access to any telephone record of any end user with a Georgia billing address:
(1)
As otherwise authorized or permitted by law or by an interconnection agreement that has been approved by the Public Service Commission;
(2)
With the lawful consent of the end user or the end user's designated representative;
(3)
As necessary for the provision of services and management of the network, for the protection of the rights or property of the provider, for the protection of end users, and for the protection of other telecommunications companies from fraudulent, abusive, or unlawful use of or subscription to services;
(4)
To a governmental entity, if the telecommunications company reasonably believes that an emergency involving the immediate danger of death or serious physical injury to any person justifies disclosure of the information;
(5)
To the National Center for Missing and Exploited Children, in connection with the report submitted thereto under Section 227 of the federal Victims of Child Abuse Act of 1990;
(6)
To the telecommunications company's affiliates, agents, suppliers, vendors, or subcontractors to provide service or billing functions; or
(7)
To a court or party to a legal proceeding pursuant to a court order, subpoena, notice to produce, or discovery in that proceeding.
Added by 2006 Ga. Laws 648,§ 5, eff. 4/28/2006.
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 6 - DISCLOSURE OF TELEPHONE RECORDS (§§ 46-5-210 — 46-5-214) › Section 46-5-214 - Action in event of telephone record security breach; notification to Georgia residents; law enforcement exception; violations shall be unfair or deceptive practice in consumer transactions

(a)
In the event of a breach of a telephone record concerning a Georgia resident, the telecommunications company must provide notice to the Georgia resident immediately following discovery or notification of the breach if such breach is reasonably likely to cause quantifiable harm to the Georgia resident. The notice must be made in the most expedient manner possible and without unreasonable delay, consistent with any measures necessary to determine the scope of the breach and restore the reasonable integrity, security, and confidentiality of the telephone record.
(b)
Notwithstanding any provisions of this article to contrary, a telecommunications company that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this Code section shall be deemed to be in compliance with the notification requirements of this Code section if it notifies the individuals who are the subject of the notice in accordance with its policies in the event of a breach of the security of the system.
(c)
The notice required by this Code section shall be delayed if a law enforcement agency informs the business that notification may impede a criminal investigation or jeopardize national or homeland security, provided that such request is made in writing or the business documents such request contemporaneously in writing, including the name of the law enforcement officer making the request and the officer's law enforcement agency engaged in the investigation. The notice required by this Code section shall be provided without unreasonable delay after the law enforcement agency communicates to the business its determination that notice will no longer impede the investigation or jeopardize national or homeland security.
(d)
A violation of this Code section constitutes an unfair or deceptive practice in consumer transactions within the meaning of Part 2 of Article 15 of Chapter 1 of Title 10, the "Fair Business Practices Act of 1975."
Added by 2006 Ga. Laws 648,§ 5, eff. 4/28/2006.
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 7 - COMPETITIVE EMERGING COMMUNICATIONS TECHNOLOGIES (§§ 46-5-220 — 46-5-222) › Section 46-5-220 - Short title

This article shall be known and may be cited as the "Competitive Emerging Communications Technologies Act of 2006."
Added by 2006 Ga. Laws 653,§ 2, eff. 4/28/2006.
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 7 - COMPETITIVE EMERGING COMMUNICATIONS TECHNOLOGIES (§§ 46-5-220 — 46-5-222) › Section 46-5-221 - Definitions

As used in this article, the term:
(1)
"Broadband service" means a service that consists of the capability to transmit at a rate not less than 200 kilobits per second in either the upstream or downstream direction and in combination with such service provide either:
(A)
Access to the Internet; or
(B)
Computer processing, information storage, or protocol conversion.
For the purposes of this article, broadband service does not include any information content or service applications provided over such access service nor any intrastate service that was subject to a tariff in effect as of September 1, 2005.
(2)
"VoIP" means Voice over Internet Protocol services offering real-time multidirectional voice functionality utilizing any Internet protocol.
(3)
"Wireless service" means commercial mobile radio service carried on between mobile stations or receivers and land stations and by mobile stations communicating among themselves.
Amended by 2013 Ga. Laws 33,§ 46, eff. 4/24/2013.
Amended by 2007 Ga. Laws 211,§ 3, eff. 7/1/2007.
Added by 2006 Ga. Laws 653,§ 2, eff. 4/28/2006.
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 7 - COMPETITIVE EMERGING COMMUNICATIONS TECHNOLOGIES (§§ 46-5-220 — 46-5-222) › Section 46-5-222 - Commission has no authority over setting of rates or terms and conditions for the offering of broadband service, voice over Internet protocol, or wireless service; limitations

(a)
The Public Service Commission shall not have any jurisdiction, right, power, authority, or duty to impose any requirement or regulation relating to the setting of rates or terms and conditions for the offering of broadband service, VoIP, or wireless services.
(b)
This Code section shall not be construed to affect:
(1)
State laws of general applicability to all businesses, including, without limitation, consumer protection laws and laws relating to restraint of trade;
(2)
Any authority of the Public Service Commission with regard to consumer complaints; or
(3)
Any authority of the Public Service Commission to act in accordance with federal laws or regulations of the Federal Communications Commission, including, without limitation, jurisdiction granted to set rates, terms, and conditions for access to unbundled network elements and to arbitrate and enforce interconnection agreements.
(c)
Except as otherwise expressly provided in this Code section, nothing in this Code section shall be construed to restrict or expand any other authority or jurisdiction of the Public Service Commission.
Amended by 2010 Ga. Laws 671,§ 5, eff. 6/4/2010.
Added by 2006 Ga. Laws 653,§ 2, eff. 4/28/2006.
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 8 - TELEPHONE RECORDS PROTECTION (§§ 46-5-230 — 46-5-235) › Section 46-5-230 - Short title

This article shall be known and may be cited as the "Georgia Telephone Records Protection Act."
Added by 2006 Ga. Laws 700,§ 1, eff. 5/1/2006.
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 8 - TELEPHONE RECORDS PROTECTION (§§ 46-5-230 — 46-5-235) › Section 46-5-231 - Definitions

As used in this article, the term:
(1)
"Procure" means to obtain by any means, whether electronically or in writing or in oral form, with or without consideration.
(2)
"Telephone" means any device used by a person for voice communications in connection with the services of a voice service provider, whether such voice communications are transmitted in analog, data, or any other form.
(3)
"Telephone record" means information retained by a voice service provider that relates to a telephone number dialed by the customer or the incoming telephone numbers of calls directed to a customer or other data related to telephone calls typically contained on a customer telephone bill, such as the time the call started and ended, the duration of the call, the time of day the call was made, and any charges applied. For purposes of this article, any information collected and retained by, or on behalf of, customers utilizing caller identification or other similar technology does not constitute a telephone record.
(4)
"Voice service provider" means any person, firm, partnership, corporation, association, or municipal, county, or local governmental entity that provides telephone services to a customer, irrespective of the communications technology used to provide such service, including, but not limited to, traditional wireline or cable telephone service; cellular, broadband personal communications service, or other wireless telephone service; microwave, satellite, or other terrestrial telephone service; and Voice over Internet Protocol service.
Amended by 2007 Ga. Laws 211,§ 4, eff. 7/1/2007.
Added by 2006 Ga. Laws 700,§ 1, eff. 5/1/2006.
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 8 - TELEPHONE RECORDS PROTECTION (§§ 46-5-230 — 46-5-235) › Section 46-5-232 - Penalties

It shall be a felony, punishable by a fine of not more than $250,000.00, imprisonment for not more than ten years, or both, for a person to do any of the following acts:
(1)
To knowingly procure, attempt to procure, solicit, or conspire with another to procure a telephone record of any resident or business of this state without the authorization of the customer to whom the record pertains or by fraudulent, deceptive, or false means;
(2)
To knowingly sell, or attempt to sell, a telephone record of any resident or business of this state without the authorization of the customer to whom the record pertains; or
(3)
To receive a telephone record of any resident or business of this state knowing that the record has been obtained without the authorization of the customer to whom the record pertains or by fraudulent, deceptive, or false means.
Added by 2006 Ga. Laws 700,§ 1, eff. 5/1/2006.
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 8 - TELEPHONE RECORDS PROTECTION (§§ 46-5-230 — 46-5-235) › Section 46-5-233 - Article not to be construed so as to prevent certain law enforcement actions

No provision of this article shall be construed so as to prevent any action by a law enforcement agency or any officer or agent of the agency, under color of law, to obtain telephone records in connection with the performance of the official duties of the agency.
Added by 2006 Ga. Laws 700,§ 1, eff. 5/1/2006.
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 8 - TELEPHONE RECORDS PROTECTION (§§ 46-5-230 — 46-5-235) › Section 46-5-234 - Other circumstances to which this article not applicable

(a)
No provision of this article shall be construed to prohibit a voice service provider from obtaining, using, disclosing, or permitting access to any telephone record, either directly or indirectly through its agents, vendors, or suppliers, in any of the following circumstances:
(1)
As otherwise authorized or permitted by law, including, but not limited to, the sharing of the records with its affiliates or pursuant to the terms of an interconnection agreement or other contractual agreement between voice service providers;
(2)
With the consent or approval of the customer or subscriber;
(3)
As may be reasonably incident to the rendition of the service or to the protection of the rights or property of the provider of that service or to protect users of those services and other carriers from fraudulent, abusive, or unlawful use of or subscription to the services;
(4)
To give access to a governmental entity, if the voice service provider reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person justifies disclosure of the information;
(5)
To give access to the National Center for Missing and Exploited Children, in connection with a report submitted thereto under Section 227 of the federal Victims of Child Abuse Act of 1990,
42 U.S.C. Section 13032
; or
(6)
Pursuant to a court order or pursuant to a subpoena, discovery request, or notice to produce properly served by any party in a civil action, administrative proceeding, or criminal proceeding.
(b)
The provisions of this article shall not apply to a voice service provider, its employees, agents, or representatives who reasonably and in good faith act pursuant to the provisions of subsection (a) of this Code section, notwithstanding any later determination that the act was not authorized.
Added by 2006 Ga. Laws 700,§ 1, eff. 5/1/2006.
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 8 - TELEPHONE RECORDS PROTECTION (§§ 46-5-230 — 46-5-235) › Section 46-5-235 - No private right of action created

No private right of action is authorized pursuant to this article.
Added by 2006 Ga. Laws 700,§ 1, eff. 5/1/2006.
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 9 - RETAIL TELECOMMUNICATIONS SERVICE (§§ 46-5-250 — 46-5-252) › Section 46-5-250 - Retail telecommunications service defined

As used in this article, the term "retail telecommunications service" means the offering of two-way interactive communications for a fee directly to end users. Such term does not include wireless service as defined in paragraph (3) of Code Section
46-5-221
nor does it include the obligations of an incumbent local exchange carrier, as defined by
47 U.S.C. Section 251
, pursuant to
47 U.S.C. Sections 251
,
252
, and
271
and the Federal Communications Commission's rules and regulations implementing such sections.
Added by 2010 Ga. Laws 671,§ 6, eff. 6/4/2010.
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 9 - RETAIL TELECOMMUNICATIONS SERVICE (§§ 46-5-250 — 46-5-252) › Section 46-5-251 - Authority of Public Service Commission limited

(a)
Notwithstanding any other provision of law in this chapter or Chapter 2 of this title except the provisions of Code Section
46-5-252
and the complaint process set forth in subsection (a) of the Code Section
46-5-166
, the commission shall not have any jurisdiction, right, power, authority, or duty to impose or enforce any requirement, regulation, or rule relating to the setting of rates or terms and conditions for the offering of retail telecommunications service by a telecommunications company not subject to rate of return regulation.
(b)
This Code section shall not be construed to affect:
(1)
State laws of general applicability to all businesses, including, without limitation, consumer protection laws, and laws relating to restraint of trade;
(2)
Any authority of the commission with regard to consumer complaints; or
(3)
Any authority of the commission to act in accordance with federal laws or regulations of the Federal Communications Commission, including, without limitation, jurisdiction granted to set rates, terms, and conditions for access to unbundled network elements, intercarrier compensation, and to arbitrate and enforce interconnection agreements.
(c)
Except as otherwise expressly provided in this Code section, nothing in this Code section shall be construed to restrict or expand any other authority or jurisdiction of the commission.
Amended by 2021 Ga. Laws 307,§ 46, eff. 5/10/2021.
Added by 2010 Ga. Laws 671,§ 6, eff. 6/4/2010.
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 9 - RETAIL TELECOMMUNICATIONS SERVICE (§§ 46-5-250 — 46-5-252) › Section 46-5-252 - Prohibition against passing cost of compliance on to consumers

No company providing retail telecommunications service shall impose a separate line item or surcharge on customers' bills to recover any costs of complying with any state law or regulations without first submitting to the commission the methodology and data used by such company for approval by the commission; provided, however, that such a company shall not be required to submit for approval separate line items or surcharges that are specifically authorized or required by federal or state law. No fines or penalties imposed by the commission shall be considered as a cost of complying with a state law or regulation or included in any such separate line item or surcharge, or as a portion thereof.
Amended by 2021 Ga. Laws 307,§ 46, eff. 5/10/2021.
Added by 2010 Ga. Laws 671,§ 6, eff. 6/4/2010.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 6 - [REPEALED] RADIO COMMON CARRIERS (§ 46-6-1) › Section 46-6-1 - through 46-6-16 - [Repealed]

Repealed by 2001 Ga. Laws 319, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 7 - [REPEALED] MOTOR CARRIERS (§ 46-7-1) › Section 46-7-1 - through 46-7-101 - [Reserved]

Reserved. Repealed by Ga. L. 2012, p. 580, § 16/HB 865, effective July 1, 2012.