| HB 468 - Georgia Radio Utility Act; repeal |
First Reader Summary
A BILL to amend Title 46 of the Official Code of Georgia
Annotated, relating to public utilities and public
transportation, so as to repeal certain provisions relating to
radio common carriers; and for other purposes.
| House |
Action |
Senate |
| 2/4/99 |
Read 1st Time |
2/3/00 |
| 2/5/99 |
Read 2nd Time |
2/15/00 |
| 1/27/00 |
Favorably Reported |
2/14/00 |
| 3/24/99 |
Recommitted |
|
| 2/2/00 |
Read 3rd Time |
3/20/00 |
| 2/2/00 |
Passed/Adopted |
|
HB 468 LC 10 2700
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Title 46 of the Official Code of Georgia Annotated,
1- 2 relating to public utilities and public transportation, so
1- 3 as to repeal certain provisions relating to radio common
1- 4 carriers; to repeal conflicting laws; and for other
1- 5 purposes.
1- 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1- 7 SECTION 1.
1- 8 Title 46 of the Official Code of Georgia Annotated, relating
1- 9 to public utilities and public transportation, is amended by
1-10 striking and repealing in their entirety Code Sections
1-11 46-6-1 through 46-6-16, relating to radio common carriers,
1-12 which read as follows:
1-13 "46-6-1.
1-14 This chapter shall be known and may be cited as the
1-15 'Georgia Radio Utility Act.'
1-16 46-6-2.
1-17 As used in this chapter, the term:
1-18 (1) 'Facility' means all real property, stations,
1-19 antennas, radios, receivers, transmitters, instruments,
1-20 appliances, fixtures, and other personal property used
1-21 by a radio utility in providing service to its
1-22 subscribers.
1-23 (2) 'Person' means any individual, partnership,
1-24 corporation, company, association, administrator, or
1-25 executor, and any trustee or receiver appointed by any
1-26 court whatsoever.
1-27 (3) 'Radio service' or 'service' means any radio service
1-28 that may be authorized under the Domestic Public Land
1-29 Mobile Radio Service or Rural Radio Service Rules of the
1-30 Federal Communications Commission on frequencies
1-31 allocated to those services.
-1-
2- 1 (4) 'Radio utility' means any person who owns, controls,
2- 2 operates, or manages a radio utility system. This term
2- 3 does not mean a telephone utility or telegraph utility
2- 4 regulated by the commission.
2- 5 (5) 'Radio utility system' means any facility within the
2- 6 state which provides a radio service on a for-hire basis
2- 7 to members of the public who subscribe to such service,
2- 8 whether or not such facility is interconnected with the
2- 9 public land-line telephone-exchange network.
2-10 (6) 'Service area' means that geographical area in which
2-11 a radio utility provides service pursuant to a
2-12 certificate of public convenience and necessity issued
2-13 by the Georgia Public Service Commission.
2-14 46-6-3.
2-15 (a) The commission shall have the power and jurisdiction
2-16 to supervise and regulate every radio utility operating
2-17 within this state and its property, property rights,
2-18 equipment, facilities, contracts, certificates, and
2-19 franchises as may be necessary to carry out the purposes
2-20 of this chapter. The commission shall also have the power
2-21 and jurisdiction to do all things, whether specifically
2-22 designated in this chapter or in addition thereto, which
2-23 are necessary or convenient in the exercise of such power
2-24 and jurisdiction. Without limiting the generality of the
2-25 foregoing provisions of this Code section, the commission
2-26 is authorized to adopt and enforce such reasonable rules,
2-27 regulations, and orders as it may deem necessary with
2-28 respect to rates, charges, classifications, issuance of
2-29 certificates, territory of operation, abandonment or
2-30 suspension of service, adequacy of service, prevention or
2-31 elimination of unjust discrimination between subscribers,
2-32 financial responsibility, records, reports, and safety of
2-33 operation and equipment and as it may deem necessary to
2-34 accomplish the purposes of this chapter and to implement
2-35 its provisions.
2-36 (b) The commission may, after affording an opportunity for
2-37 hearing, order a radio utility to make any reasonable
2-38 repair or improvement of or addition to such system.
2-39 (c) The commission may from time to time visit the places
2-40 of business and other premises of radio utilities and may
2-41 examine the records and facilities of radio utilities to
2-42 ascertain if all rules, regulations, and orders of the
2-43 commission have been complied with. The commission shall
-2-
3- 1 have the power to examine any person under oath, including
3- 2 all officers, agents, and employees of radio utilities,
3- 3 and to compel the production of papers and the attendance
3- 4 of witnesses in order to obtain the information necessary
3- 5 for administering this chapter.
3- 6 (d) The commission shall have the power and authority to
3- 7 institute all such proceedings and investigations, hear
3- 8 all such complaints, issue all such process and orders,
3- 9 and render all such decisions as are necessary to enforce
3-10 this chapter and the rules, regulations, and orders
3-11 adopted hereunder and as are necessary to accomplish the
3-12 purposes of this chapter.
3-13 (e) The commission shall have the right to institute, or
3-14 to intervene as a party in, any action, in any court of
3-15 competent jurisdiction, for mandamus, injunctive relief,
3-16 or other relief to compel compliance with any provision of
3-17 this chapter or of any rule, regulation, or order adopted
3-18 hereunder, or to restrain or otherwise prevent or prohibit
3-19 any illegal or unauthorized conduct in connection
3-20 therewith.
3-21 46-6-4.
3-22 The commission shall prescribe just and reasonable rates,
3-23 charges, and classifications for the services rendered by
3-24 a radio utility to subscribers. The tariffs therefor shall
3-25 be in such form and shall be filed and published in such
3-26 manner and on such notice as the commission may prescribe
3-27 and shall be subject to change on such notice and in such
3-28 manner as the commission may prescribe.
3-29 46-6-5.
3-30 No person shall begin or continue the construction or
3-31 operation of any radio utility system, or of any
3-32 geographical extension thereof, or acquire ownership or
3-33 control thereof, either directly or indirectly, without
3-34 first obtaining from the commission a certificate that the
3-35 present or future public convenience and necessity require
3-36 or will require such construction, operation, geographical
3-37 extension, or acquisition. The commission is authorized to
3-38 prescribe appropriate and reasonable rules and regulations
3-39 governing the issuance of such certificates and is
3-40 authorized to prescribe the appropriate form of
3-41 application for such certificates.
-3-
4- 1 46-6-6.
4- 2 (a) Upon the filing of an application for a certificate of
4- 3 public convenience and necessity under this chapter, the
4- 4 commission shall fix the time and place for a hearing
4- 5 thereon and shall cause notice thereof to be given to such
4- 6 parties in interest as the commission may deem necessary.
4- 7 The commission shall also cause notice of the application
4- 8 to be published once at least 14 days prior to the hearing
4- 9 in some newspaper of general circulation in the affected
4-10 territory.
4-11 (b) After such hearing, the commission may either issue to
4-12 the applicant a certificate of public convenience and
4-13 necessity in a form to be prescribed by it, refuse to
4-14 issue the same or issue it for only partial exercise of
4-15 the privilege sought, or attach to the exercise of the
4-16 right granted by the certificate such terms, limitations,
4-17 and conditions which it deems the public interest may
4-18 require. The certificate shall include a copy of a
4-19 service-area map clearly showing the territory in which
4-20 the radio utility system is to be constructed, extended,
4-21 operated, or acquired.
4-22 (c) In determining whether a certificate shall be issued,
4-23 the commission shall take into consideration, among other
4-24 things, the public need for the proposed service or
4-25 acquisition, the suitability of the applicant, the
4-26 financial responsibility of the applicant, and the ability
4-27 of the applicant to perform efficiently the service for
4-28 which authority is requested.
4-29 46-6-7.
4-30 No certificate issued pursuant to this chapter may be
4-31 transferred, assigned, or encumbered unless such
4-32 transaction is first approved by the commission.
4-33 46-6-8.
4-34 (a) The commission shall not grant a certificate for the
4-35 establishment of a proposed radio utility operation in or
4-36 an extension of an existing service area into an
4-37 established service area, which proposed operation or
4-38 extension will be in competition with or duplicate the
4-39 service of any other radio utility unless the commission
4-40 first determines both (1) that the existing certificated
4-41 radio utility is unwilling or unable to meet the
4-42 reasonable needs of the public, and (2) that the person
-4-
5- 1 operating the same is unable to or refuses or neglects,
5- 2 after hearing on reasonable notice, to provide reasonably
5- 3 adequate service; provided, however, nothing contained in
5- 4 this Code section shall be construed as prohibiting a
5- 5 radio utility from terminating service for its own
5- 6 subscribers in other established service areas, either
5- 7 through its own facilities or those of others in
5- 8 accordance with subsection (b) of this Code section. In
5- 9 no event shall a radio utility offer, allow, or construct
5-10 facilities for, the origination of service, whether by
5-11 dedicated facilities, '800' numbers, foreign exchange
5-12 lines, or other inter-LATA toll-free, local access, or
5-13 other means, outside its established service area.
5-14 Service shall be deemed to originate at the location of
5-15 the calling party at the time the call is made.
5-16 (b) Any radio utility seeking to terminate service for its
5-17 own subscribers in other service areas pursuant to this
5-18 Code section shall do so only in the following manner:
5-19 (1) Through interconnection with or use of facilities of
5-20 the existing certificated radio utility, subject to
5-21 mutual agreement and consent of both radio utilities; or
5-22 (2) Through its own facilities, provided that said
5-23 facilities are capable of only terminating and not
5-24 originating service outside the utility's established
5-25 service area, and the commission finds, after notice and
5-26 hearing, that the construction and operation of the
5-27 specific facilities to be constructed and operated by
5-28 the utility in such other service areas are or will be
5-29 required by the present or future public convenience and
5-30 necessity.
5-31 46-6-9.
5-32 Any radio utility holding a certificate of public
5-33 convenience and necessity under this chapter may
5-34 interconnect its facilities with the communication
5-35 facilities of any other regulated communication company
5-36 operating in the area in which the radio utility is
5-37 located, provided that an agreement can be reached between
5-38 the radio utility and the communication company providing
5-39 for such interconnection; provided, further, that when an
5-40 agreement cannot be reached between the radio utility and
5-41 the communication company, either may petition the
5-42 commission for the right of interconnection and such
-5-
6- 1 interconnection shall be ordered by the commission on such
6- 2 reasonable terms as shall be set by the commission.
6- 3 46-6-10.
6- 4 No radio utility shall combine, merge, or consolidate
6- 5 with, or acquire control of, another organization without
6- 6 first obtaining the approval of the commission, which
6- 7 approval shall be granted only upon a finding, after a
6- 8 hearing, that such proposed combination, merger,
6- 9 consolidation, or acquisition is in the public interest.
6-10 46-6-11.
6-11 Any radio utility operating a radio utility system under
6-12 authority of a certificate of public convenience and
6-13 necessity issued by the commission under this chapter
6-14 shall, where necessary and upon making due compensation to
6-15 the owner of the property, have the right to construct,
6-16 maintain, and operate antennas and towers upon any private
6-17 property for the purpose of broadcasting and receiving
6-18 radio signals, provided that the antenna equipment is so
6-19 erected, placed, and maintained as not to obstruct or
6-20 interfere with the ordinary use of such property by the
6-21 owner or owners thereof.
6-22 46-6-12.
6-23 Any person who, as of March 27, 1972, held a valid
6-24 certificate of public convenience and necessity issued by
6-25 the commission pursuant to the 'Georgia Radio Common
6-26 Carrier Act' (Ga. L. 1970, p. 104) shall not be required
6-27 to seek and obtain a certificate of public convenience and
6-28 necessity under this chapter for the continuance of the
6-29 construction or operation of the radio utility system
6-30 previously certificated. Any such certificate of public
6-31 convenience and necessity issued by the commission
6-32 pursuant to the 'Georgia Radio Common Carrier Act' shall
6-33 have the same force and effect and shall be subject to the
6-34 same terms and conditions as if issued pursuant to this
6-35 chapter.
6-36 46-6-13.
6-37 For any alleged or apparent violation by a radio utility
6-38 of any provision of this chapter or the orders or rules
6-39 and regulations of the commission made under the authority
6-40 of this chapter, the commission shall, upon the complaint
6-41 of any person or upon its own motion, issue its rule nisi
6-42 or order to show cause against the radio utility, reciting
-6-
7- 1 the matter involved and fixing the time, date, and place
7- 2 for a hearing on the matter. If, after such hearing, the
7- 3 commission determines that a violation has occurred or is
7- 4 occurring, the commission shall order the radio utility to
7- 5 bring itself into compliance with this chapter and the
7- 6 orders and the rules and regulations of the commission
7- 7 within 90 days from the date of the order. If the radio
7- 8 utility fails or neglects to comply at or prior to the
7- 9 expiration of the 90 day period, the commission may, in
7-10 its sound discretion, order the revocation, suspension, or
7-11 alteration of the certificate of public convenience and
7-12 necessity held by the radio utility.
7-13 46-6-14.
7-14 Within 30 days after the service of an order or decision
7-15 reflecting any action of the commission which is ripe for
7-16 judicial review, any party aggrieved thereby may appeal to
7-17 the Superior Court of Fulton County for the purpose of
7-18 having the reasonableness or lawfulness of such action
7-19 inquired into and determined. Such appeal shall be tried
7-20 according to the rules governing other civil cases to the
7-21 extent practicable.
7-22 46-6-15.
7-23 This chapter relates only to radio utilities as defined in
7-24 Code Section 46-6-2 and is not applicable to the mobile
7-25 radio telephone service offered by land line telephone and
7-26 telegraph utilities regulated by the commission.
7-27 46-6-16.
7-28 (a) Any person, including an officer, agent, or employee
7-29 of any organization, who willfully violates any provision
7-30 of this chapter or of any rule, regulation, or order
7-31 adopted hereunder or who willfully procures, aids, or
7-32 abets any violation of such a provision shall be guilty of
7-33 a misdemeanor.
7-34 (b) Any person who offers radio utility service to the
7-35 public in this state without a certificate of public
7-36 convenience and necessity, or after such certificate has
7-37 been canceled, may be enjoined by the courts of this state
7-38 from operating within this state upon the bringing of an
7-39 action by the commission, by a radio utility which
7-40 competes with the offending radio utility, or by any other
7-41 person."
-7-
8- 1 SECTION 2.
8- 2 All laws and parts of laws in conflict with this Act are
8- 3 repealed.
-8-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 03/29/00
