Service Suppliers or Voice Over Internet Protocol Service Suppliers Must Register Certain Information With the Authority; Updating Information; Compliance; Notices of Deficiency or Noncompliance

  1. Law
  2. Georgia Code
  3. Public Utilities and Public Transportation
  4. Telephone Service
  5. Telephone Service
  6. Emergency Telephone Number 9-1-1 System
  7. Service Suppliers or Voice Over Internet Protocol Service Suppliers Must Register Certain Information With the Authority; Updating Information; Compliance; Notices of Deficiency or Noncompliance

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  1. Any service supplier or Voice over Internet Protocol service supplier doing business in Georgia shall register the following information by January 1, 2019, with the authority:
    1. The name, address, and telephone number of the representative of the service supplier or Voice over Internet Protocol service supplier to whom the resolution adopted pursuant to Code Section 46-5-133 or other notification of intent to provide automatic number identification or automatic location identification, or both, of a telephone service connection;
    2. The name, address, and telephone number of the representative of the service supplier or Voice over Internet Protocol service supplier with whom a local government must coordinate to implement automatic number identification or automatic location identification, or both, of a telephone service connection;
    3. The counties in Georgia in which the service supplier or Voice over Internet Protocol service supplier is authorized to provide and is actively providing telephone service at the time the filing is made; and
    4. Every corporate name under which the service supplier or Voice over Internet Protocol service supplier is authorized to provide telephone service in Georgia.
  2. After the initial submission by each service supplier or Voice over Internet Protocol service supplier doing business in this state, if the information required by subsection (a) of this Code section changes, it shall be updated and submitted to the authority within 60 days of such change.
  3. Every service supplier or Voice over Internet Protocol service supplier shall comply with subsections (a) and (b) of this Code section. Any service supplier or Voice over Internet Protocol service supplier that fails to register and provide the information required by this Code section after receiving notice of the deficiency or noncompliance duly served upon the service supplier's or Voice over Internet Protocol service supplier's registered agent and failing to cure the deficiency or noncompliance within 60 days of receiving notice shall:
    1. Not be eligible to receive cost recovery funds as provided in subsection (e) of Code Section 46-5-134 until the service supplier or Voice over Internet Protocol service supplier is in compliance with subsections (a) and (b) of this Code section;
    2. Be subject to a fine by the authority in the amount of $1,000.00 per day for each day of failure to comply with subsection (b) of this Code section; and
    3. When audited, not be subject to the three-year limit under paragraph (3) of subsection (a) of Code Section 38-3-189.
  4. Subsection (c) of this Code section shall apply only so long as the deficiency or noncompliance remains uncured.
  5. The authority may share the service supplier registry with the Department of Revenue to ensure proper collection and remittance of all 9-1-1 charges.

(Code 1981, §46-5-124.1, enacted by Ga. L. 1999, p. 873, § 3; Ga. L. 2005, p. 660, § 9/HB 470; Ga. L. 2006, p. 72, § 46/SB 465; Ga. L. 2007, p. 318, § 2/HB 394; Ga. L. 2011, p. 240, § 2/HB 280; Ga. L. 2012, p. 820, § 2/HB 1049; Ga. L. 2018, p. 689, § 2-4/HB 751.)

The 2005 amendment, effective July 1, 2005, substituted "Any service provider doing business" for "Any wireless service supplier that provides wireless service or is authorized to provide wireless service" at the beginning of subsection (a); deleted "wireless" preceding "service supplier" in paragraphs (a)(1), (a)(2), (a)(3), and (a)(4); inserted "at the time the filing is made" in paragraph (a)(3); rewrote subsection (b), which read: "A wireless service supplier shall notify the director of any change to the information described in subsection (a) of this Code section within 30 days of such change."; and added subsection (c).

The 2006 amendment, effective April 14, 2006, part of an Act to revise, modernize, and correct the Code, substituted "service supplier" for "service provider" once in subsection (a), and three places in subsection (c).

The 2011 amendment, effective July 1, 2011, substituted "telephone service" for "wireless telecommunications" in paragraphs (a)(1) and (a)(2); and substituted "telephone service" for "wireless service" in paragraphs (a)(3) and (a)(4).

The 2012 amendment, effective July 1, 2012, inserted "or Voice over Internet Protocol service supplier" throughout this Code section; and substituted "or Voice over Internet Protocol service supplier that fails" for "which fails" in the third sentence of subsection (c).

The 2018 amendment, effective January 1, 2019, in subsection (a), inserted "by January 1, 2019," and substituted "authority" for "director" in the introductory paragraph, deleted "should be submitted" following "connection" at the end of paragraph (a)(1), and inserted "and is actively providing" in the middle of paragraph (a)(3); in subsection (b), inserted "if" near the middle, inserted "changes, it" in the middle, and substituted "authority within 60 days of such change" for "director by the tenth day of January and the tenth day of July of each year or such other semiannual schedule as the director may establish"; and substituted the present provisions of subsection (c) for the former provisions, which read: "The director shall send a notice of delinquency to any service supplier or Voice over Internet Protocol service supplier which fails to comply with subsection (b) of this Code section. Such notice shall be sent by certified mail or statutory overnight delivery. Any service supplier or Voice over Internet Protocol service supplier that fails to register and provide the information required by this Code section within 30 days after receipt of a notice of delinquency shall not be eligible to receive cost recovery funds as provided in subsection (e) of Code Section 46-5-134 until the service supplier or Voice over Internet Protocol service supplier is in compliance with subsection (b) of this Code section." See Editor's notes for applicability.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2005, "is" was inserted preceding "in compliance" in the last sentence of subsection (c) [now paragraph (c)(1)].

Editor's notes.

- Ga. L. 2007, p. 318, § 2, effective July 1, 2007, reenacted this Code section without change.

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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