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2018 Georgia Code 46-5-134.1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 46-5-134.1 Case Law from Google Scholar Amendments to OCGA 46-5-134.1

TITLE 46 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

Section 5. Telephone Service, 46-5-1 through 46-5-252.

ARTICLE 2 TELEPHONE SERVICE

46-5-134.1. (For effective date, see note.) Counties where the governing bodies of more than one local government have adopted a resolution to impose an enhanced 9-1-1 charge.

  1. This Code section shall apply in counties where the governing bodies of more than one local government have adopted a resolution to impose a 9-1-1 charge in accordance with the provisions of subsection (a) of Code Section 46-5-133 and notwithstanding any contrary provision of Code Section 46-5-133 or 46-5-134.
  2. A wireless service supplier may certify to any of the governing bodies described in subsection (a) of this Code section that the wireless service supplier is unable to determine whether the billing addresses of its subscribers are within the geographic area that is served by such local government. Upon such certification, the wireless service supplier shall be authorized to collect the 9-1-1 charge for wireless enhanced 9-1-1 services from any of its subscribers whose billing address is within the county and is within an area that is as close as reasonably possible to the geographic area that is served by such local government. The wireless service supplier shall notify such subscribers that if such subscriber's billing address is not within the geographic area served by such local government, such subscriber is not obligated to pay the 9-1-1 charge for wireless enhanced 9-1-1 service.
  3. Unless otherwise provided in an agreement among the governing bodies described in subsection (a) of this Code section, the charges collected by a wireless service supplier pursuant to this Code section shall be remitted to such governing bodies based upon the number of calls from wireless telecommunications connections that each such individual local government receives and counts relative to the total number of calls from wireless telecommunications connections that are received and counted by all of such local governments.
  4. The powers granted to a wireless service supplier pursuant to this Code section shall terminate:
    1. On the date that the wireless service supplier certifies to a governing body of a local government described in subsection (a) of this Code section that the wireless service supplier is able to determine whether the billing addresses of its subscribers are within the geographic area that is served by such governing body; or
    2. On the date which is 180 days from the date that any of its subscribers were first billed under this Code section, whichever is earlier.

      Upon termination of such powers, the wireless service supplier shall collect the 9-1-1 charge for wireless enhanced 9-1-1 service as provided in Code Section 46-5-134.

(Code 1981, §46-5-134.1, enacted by Ga. L. 1999, p. 873, § 6; Ga. L. 2005, p. 660, § 9/HB 470; Ga. L. 2007, p. 318, § 2/HB 394; Ga. L. 2010, p. 878, § 46/HB 1387; Ga. L. 2018, p. 689, § 2-13/HB 751.)

Delayed effective date.

- This Code section, as set out above, becomes effective January 1, 2019. For version of this Code section in effect until January 1, 2019, see the 2018 amendment note.

The 2005 amendment, effective July 1, 2005, substituted "9-1-1" for "'911'" four times in subsections (a), (b), and (d).

The 2007 amendment, effective July 1, 2007, deleted "wireless enhanced" following "a resolution to impose a" in subsection (a); in subsection (b), in the second sentence, inserted "9-1-1 charge for" and substituted "services" for "charge", and substituted "service" for "charge" at the end of the third sentence; and, in subsection (d), added a colon at the end of the introductory paragraph, and substituted "On" for "on" at the beginning of paragraphs (d)(1) and (d)(2).

The 2010 amendment, effective June 3, 2010, part of an Act to revise, modernize, and correct the Code, deleted "charge" following "enhanced 9-1-1" in the undesignated language at the end of subsection (d).

The 2018 amendment, effective January 1, 2019, substituted "bodies" for "authorities" throughout this Code section; substituted "powers" for "authority" near the beginning of subsection (d) and in the ending undesignated paragraph of subsection (d); in paragraph (d)(1), substituted "body of a local government" for "authority" near the middle and substituted "body" for "authority" near the end. See Editor's notes for applicability.

Editor's notes.

- Ga. L. 2018, p. 689, § 4-1(b)/HB 751, not codified by the General Assembly, provides that: "The provisions of this Act shall not in any manner diminish, extinguish, reduce, or affect any cause of action for audits, services, or the recovery of funds from service providers which may have existed prior to January 1, 2019. Any such cause of action is expressly preserved."

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