TITLE 46 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

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

ARTICLE 2 TELEPHONE SERVICE

46-5-28. Consent required for inclusion of subscribers' names or dialing numbers in a wireless telephone data base or a traditional telephone directory; exceptions; disclosure of wireless numbers to telemarketers prohibited; violations; immunity of service suppliers for authorized disclosures.

As used in this Code section, the term:
1. "Service supplier" means a person or entity who provides wireless service to a telephone subscriber.
2. "Traditional telephone directory" means a telephone directory, in any format, containing a majority of the landline telephone numbers for the given geographic coverage area for that directory.
3. "Wireless service" means "commercial mobile service" as defined under Section 332(D) of the Federal Telecommunications Act of 1996 (47 U.S.C. Section 157, et seq.), regulations of the Federal Communications Commission, and the Omnibus Budget Reconciliation Act of 1993 (P.L. 103-66) and includes real-time, two-way interconnected voice service which is provided over networks which utilize intelligent switching capability and offer seamless handoff to customers. The term does not include one-way signaling service, data transmission service, nonlocal radio access line service, or a private telecommunications service.
4. "Wireless telephone data base" means any collection of telephone numbers that identifies the names and telephone numbers of multiple subscribers of one or more service suppliers.
A service supplier or any direct or indirect affiliate or agent of a service supplier providing the name and dialing number of a subscriber for inclusion in any wireless telephone data base which is or will be made publicly available shall not include the dialing number of any wireless service subscriber without first obtaining the express consent of that subscriber. The subscriber's consent shall meet all of the following requirements:
1. It shall be recorded in oral, electronic, or written form;
2. It shall be:
  1. A separate document that is not attached to any other document or if it is within another document shall be in a separate section of the document that includes the disclosure;
  2. A separate screen or if it is within another screen shall be in a separate section of the screen that includes the disclosure; or
  3. A sound recording of a discrete verbal confirmation;
3. It shall be unambiguous and conspicuously disclose that the subscriber is consenting to have the subscriber's dialing number sold or licensed as part of a publicly accessible wireless telephone data base; and
4. The service supplier must disclose in an unambiguous and conspicuous manner to the wireless customer that upon consent: (A) the customer is agreeing to have his or her wireless number accessed by anyone who utilizes the wireless telephone data base; and (B) if the customer has a rate plan that charges the customer for usage, that calls received as a result, unsolicited or otherwise, will be applied against the subscriber's planned minutes.
A subscriber who provides express consent pursuant to subsection (b) of this Code section may revoke that consent at any time. A service supplier shall comply with the subscriber's request to opt out within a reasonable period of time, not to exceed 60 days.
A subscriber shall not be charged for making the choice to not be listed in a publicly accessible wireless telephone data base.
This Code section does not apply to the provision of telephone numbers to the following parties for the purposes indicated; provided, however, that such parties shall use such telephone numbers solely for the purposes indicated and shall not transfer such telephone numbers to any third party:
1. Any law enforcement agency, fire protection agency, public health agency, public environmental health agency, city or county emergency services planning agency, or private for-profit agency operating under contract with, and at the direction of, one or more of these agencies, for the exclusive purpose of responding to a 9-1-1 call or communicating an imminent threat to life or property. This information or these records shall not be open to examination for any purpose not directly connected with the administration of the services specified in this paragraph;
2. A lawful process issued under state or federal law;
3. A service supplier providing service between service areas for the provision to the subscriber of telephone service between service areas, or third parties for the limited purpose of providing collection and billing services for the service supplier;
4. A service supplier to effectuate a subscriber's request to transfer the subscriber's assigned telephone number from the subscriber's existing service supplier to a new service supplier;
5. The commission; or
6. A traditional telephone directory publisher, for the purposes of publishing a directory in any format, so long as the information was published before July 1, 2005.
Subsequent to July 1, 2005, a traditional telephone directory publisher must obtain the wireless subscriber's recorded oral, electronic, or written consent for the wireless subscriber's name and wireless dialing number to be published in a traditional telephone directory.
No service supplier shall sell or otherwise provide a list of wireless numbers to any telemarketer except that such numbers may be provided to a telemarketer affiliated with the service supplier for the sole purpose of facilitating communication by or on behalf of the service supplier as permitted under subparagraph (b)(3)(B) of Code Section 46-5-27.
Every deliberate violation of this Code section is grounds for a civil suit by the aggrieved subscriber against the service supplier responsible for the violation.
No service supplier shall be subject to criminal or civil liability for the release of customer information as authorized by this Code section.

(Code 1981, §46-5-28, enacted by Ga. L. 2005, p. 1191, § 1/SB 46; Ga. L. 2006, p. 72, § 46/SB 465.)

Effective date.

- This Code section became effective July 1, 2005.

The 2006 amendment, effective April 14, 2006, part of an Act to revise, modernize, and correct the Code, substituted "data base" for "database" throughout this Code section; substituted "a 9-1-1 call" for "a 911 call" in the first sentence of paragraph (e)(1), and substituted "July 1, 2005" for "the effective date of this Code section" in paragraph (e)(6) and subsection (f).

PART 1A T ELEPHONE SYSTEM FOR THE PHYSICALLY IMPAIRED

46-5-30. Establishment, administration, and operation of state-wide dual party relay service and audible universal information access service.

The General Assembly finds and declares that it is in the public interest to provide basic telecommunications services to all citizens of this state who, because of physical impairments, particularly hearing and speech impairments, cannot otherwise communicate over the telephone. It is further in the public interest to take advantage of innovative technological uses of basic telecommunications services to allow for universal access to information by blind and otherwise print disabled citizens of this state.
The commission shall establish, implement, administer, and promote a state-wide single provider dual party relay service operating seven days per week, 24 hours per day, and contract for the administration and operation of such relay service. The commission shall also establish, implement, administer, and promote a state-wide audible universal information access service operating seven days per week and 24 hours per day and shall contract for the administration and operation of such information access service. The commission shall further establish, implement, administer, and promote a telecommunications equipment distribution program and contract for the administration and operation of such program.
The commission shall require all local exchange telephone companies in this state, except those operated by telephone membership corporations, to impose a monthly maintenance surcharge on all residential and business local exchange access facilities. For the purpose of this subsection, "exchange access facility" means the access from a particular telephone subscriber's premise to the telephone system of a local exchange telephone company. "Exchange access facility" includes local exchange company provided access lines, private branch exchange trunks, and centrex network access registers, all as defined by tariffs of telephone companies as approved by the commission. The amount of the surcharge shall be determined by the commission based upon the amount of funding necessary to accomplish the purposes of this Code section and provide the services on an ongoing basis; however, in no case shall the amount exceed 20› per month. A maximum of 5› of this monthly surcharge per access line shall be utilized for a telecommunications equipment distribution program and a maximum of 1› of this monthly surcharge per access line shall be utilized to fund an audible universal information access service. If the projected cost of the operation of the relay service exceeds a monthly surcharge of 15› at any time, funding for the telecommunications equipment distribution program and the audible universal information access service will be reduced by the amount required to fully fund the relay service, under the existing cap of 20› for the period of time necessary. No additional fees other than the surcharge authorized by this subsection shall be imposed on any user of such relay or information access service. The local exchange companies shall collect the surcharge from their customers and transfer the moneys collected to a special fund to be held separate from all other funds. The fund shall be used solely for the administration and operation of the relay service, the information access service, and the telecommunications equipment distribution program and for other hearing technology and shall not be imposed, collected, or expended for any other purpose.
The dual party relay system shall protect the privacy of persons to whom relay services are provided and shall require all operators to maintain the confidentiality of all telephone messages. The confidentiality and privacy of persons to whom relay services are provided will be protected by means of the following:
1. The relay center shall not maintain any form of permanent copies of messages relayed by their operators or allow the content of telephone messages to be communicated to, or accessible to, nonstaff members;
2. Persons using the relay services shall not be required to provide any personal identifying information until the party they are calling is on the line, and shall only be required to identify themselves to the extent necessary to fulfill the purpose of their call;
3. Relay operators shall not leave messages with third parties unless instructed to do so by the person making the call;
4. Relay operators shall not intentionally alter a relayed conversation; and
5. Relay operators shall not refuse calls or limit the length of calls.
Neither the commission nor the providers of the dual party relay system service or the audible universal information access service nor, except in cases of willful misconduct, gross negligence, or bad faith, the employees of the providers of the dual party relay system service or the audible universal information access service shall be liable for any claims, actions, damages, or causes of action arising out of or resulting from the establishment, participation in, or operation of the dual party relay system service or the audible universal information access service.
The commission shall select the telecommunications carrier which will provide the relay system service and award the contract for this service to the offerer whose proposal is the most advantageous to the state, considering price, the interests of the hearing impaired and speech impaired community in having access to a high quality and technologically advanced telecommunications system, and all other factors listed in the commission's request for proposals.
The commission shall select a distribution agency to manage the telecommunications equipment distribution program and award the contract for this service to the offerer whose proposal is the most advantageous to the state, considering price, the interests of the hearing impaired and speech impaired community in obtaining appropriate and effective telecommunications equipment, the training of recipients on the use of telecommunications devices, outreach efforts, and all other factors listed in the commission's request for proposals.
The commission shall establish guidelines for eligibility for participation in the distribution program, taking into consideration a person's certified medical need and prohibiting distribution of telecommunications equipment to any person whose income exceeds 200 percent of the federal poverty level. The commission shall utilize appropriate external expertise, as necessary, to establish these guidelines, including contracting with public agencies or private entities. Funding for any such contracts will be covered by the $0.05 portion of the monthly surcharge utilized for the telecommunications equipment distribution program.
The commission shall establish eligibility guidelines for participation in the audible universal information access service, taking into account a person's certified medical need. The commission shall utilize appropriate external expertise, as necessary, to establish these guidelines, including contracting with public agencies or private entities. Funding for such contracts will be covered by the 1› portion of the monthly surcharge utilized for the audible universal information access service.
The commission shall establish a telecommunications equipment distribution program advisory committee to provide input on program operation and the types of equipment to be, and being, distributed by the program. The commission shall select the equipment to be distributed by the program and shall incorporate this selection into the commission's request for proposals for a distribution agency.
The commission shall provide that the dual party telephone relay telephone system shall be operational no later than July 1, 1991, that the telecommunications equipment distribution program shall be operational no later than March 31, 2003, and the audible universal information access service shall be operational no later than July 1, 2006.

(f.1)The commission shall select the service provider which will provide and manage the audible universal information access service and shall award the contract for this service to the offerer whose proposal is the most advantageous to the state, considering price, the interests of the blind and print disabled community in having access to a high quality and technologically advanced interactive audible universal information access system, the maintenance of such system, the training provided on the use of such service, outreach efforts, and all other factors listed in the commission's request for proposals.

(Code 1981, §46-5-30, enacted by Ga. L. 1989, p. 657, § 1; Ga. L. 1990, p. 1118, § 1; Ga. L. 2002, p. 624, § 1; Ga. L. 2005, p. 1118, § 1/HB 669; Ga. L. 2006, p. 72, § 46/SB 465; Ga. L. 2007, p. 241, § 2/HB 655.)

The 2002 amendment, effective July 1, 2002, in subsection (b), added the second sentence; in subsection (c), added the present fifth and sixth sentences, and in the last sentence, inserted "and the telecommunications equipment distribution program" and deleted "be used for the distribution of telecommunication devices for the deaf or similar such devices or" preceding "be imposed, collected"; added present subsections (g) through (i); redesignated former subsection (g) as present subsection (j), and added the language following "July 1, 1991" in that subsection.

The 2005 amendment, effective July 1, 2005, added the last sentence in subsection (a); in subsection (b), added the second sentence and substituted "further" for "also" in the last sentence; in subsection (c), added "and a maximum of $0.01 of this monthly surcharge per access line shall be utilized to fund an audible universal information access service" at the end of the fifth sentence, inserted "and the audible universal information access service" in the sixth sentence, inserted "or information access" in the seventh sentence, and inserted "e, the information access service," in the last sentence; in subsection (e), substituted "providers" for "provider" and inserted "or the audible universal information access service" three times; added subsections (f.1) and (i); redesignated former subsections (i) and (j) as present subsections (j) and (k), respectively; and in subsection (k), deleted "and" following "July 1, 1991," and added ", and the audible universal information access service shall be operational no later than July 1, 2006" at the end.

The 2006 amendment, effective April 14, 2006, part of an Act to revise, modernize, and correct the Code, substituted "basic telecommunications services" for "basic telecommunication services" near the middle of subsection (a); substituted "1 " for "$0.01" in subsections (c) and (i); in subsection (c), substituted "5 " for "$0.05" in the fifth sentence, and in the sixth sentence, substituted "15 " for "$0.15" and substituted "20 " for "$0.20"; substituted "advanced telecommunications system" for "advanced telecommunication system" near the end of subsection (f); and substituted "use of telecommunications devices" for "use of telecommunication devices" near the end of subsection (g).

The 2007 amendment, effective July 1, 2007, inserted "and for other hearing technology" near the end of the last sentence in subsection (c).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2002, "moneys" was substituted for "monies" in the eighth sentence in subsection (c).

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