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O.C.G.A. § 46-5-62 — Definitions | Georgia Code
O.C.G.A. § 46-5-62 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 46 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

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

ARTICLE 2 TELEPHONE SERVICE

46-5-62. Definitions.

As used in this part, the term:

  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:
    1. The boundaries of an incorporated or unincorporated city, town, village, or borough having a population in excess of 1,500 inhabitants according to the last preceding federal census; and
    2. 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.

(Ga. L. 1950, p. 192, § 3; Ga. L. 1952, p. 4, § 1.)

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.

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