O.C.G.A.
O.C.G.A.

O.C.G.A. § 46-5-62 (2019)

Definitions

✓ O.C.G.A.: 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

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.

History

(Ga. L. 1950, p. 192, § 3; Ga. L. 1952, p. 4, § 1; Ga. L. 2019, p. 233, § 2/SB 17.)

Annotations

The 2019 amendment, effective April 26, 2019, added paragraphs (.1) and (.2), and in subparagraph (3)(A), substituted "15,000 inhabitants" for "1,500 inhabitants".

JUDICIAL DECISIONS

Telephone company applies only to rural telephone cooperatives. - Federal district court rejected landowners' argument that because a cable company provided services other than voice communication, it was not a "telephone company," and thus could not obtain the authority to exercise eminent domain under O.C.G.A. § 46-5-1 because the definition of "telephone company" on which the landowners relied, found in O.C.G.A. § 46-5-62(4) and (5), applied only to rural telephone cooperatives. Davis v. Williams Communs., Inc., 258 F. Supp. 2d 1348 (N.D. Ga. 2003).

OPINIONS OF THE ATTORNEY GENERAL

Cellular telecommunications excluded. - Cellular communications service is not a telephone service and, as such, is not subject to regulation by the Georgia Public Service Commission. 1994 Op. Att'y Gen. No. 94-7.

Notes of Decisions
Cited in 1 case, 2003–2003 · leading case: Davis v. Williams Commc'ns, Inc., 258 F. Supp. 2d 1348 (N.D. Ga. 2003).
Sort: Relevance Newest Treatment
Davis v. Williams Commc'ns, Inc., 258 F. Supp. 2d 1348 (N.D. Ga. 2003). · cites it 4× “See O.C.G.A. § 46-5-62 (limiting the definition to use “in this part”).”
46-5-62(4): 1 case
Davis v. Williams Commc'ns, Inc., 258 F. Supp. 2d 1348 (N.D. Ga. 2003). “See O.C.G.A. § 46-5-62 (limiting the definition to use “in this part”).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.