sb120_As_introduced_LC_25_3910ER_2.html
05 LC 25 3910ER
Senate Bill 120
By: Senators Seabaugh of the 28th, Balfour of the 9th, Stoner of the 6th, Chance of the 16th, Hill of the 32nd and others

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to provide legislative findings and intent; to provide definitions; to provide that no state agency shall impose any requirement on broadband service, voice over Internet protocol, or wireless service; to provide that existing requirements are void; to provide for exceptions and construction; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, is amended by inserting a new article to read as follows:

"ARTICLE 6

46_5_200.
(a) The General Assembly finds:
(1) Consumers in Georgia have many communications choices because competition between various technologies such as those offered by traditional telecommunications carriers, cable television providers, Internet service providers, and other wireless providers has become commonplace; and
(2) It is in the public interest to promote competition to ensure the continued development and availability of multiple providers of broadband service, voice over Internet protocol service, and wireless service throughout the State of Georgia.
(b) It is the intent of this article to promote market based competition for broadband service, voice over Internet protocol service, and wireless service.

46_5_201.
As used in this article, the term:
(1) 'Broadband service' means any service that offers the capability to transmit at a rate that is not less than 200 kilobits per second in at least one direction and offers the capability to transmit at a rate that is not less than 128 kilobits per second in the other direction and either:
(A) Is used to provide access to the Internet; or
(B) Provides computer processing, information storage, or information content or protocol conversion in combination with such service.
(2) 'Telecommunications company' is as defined in paragraph (18) of Code Section 46_5_162.
(3) 'VoIP' means voice over Internet protocol.
(4) '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).

46_5_202.
(a) Notwithstanding any other provision of law to the contrary, no agency of the state, including but not limited to the commission, shall impose or implement any requirement, whether direct or indirect, upon broadband service, VoIP, or wireless service; provided, however, that the commission, upon delegation by the Federal Communications Commission, may implement any regulation of VoIP necessary to meet public safety requirements such as access to '911' service or compliance with the Federal Communications Assistance for Law Enforcement Act, 47 U.S.C. Section 1001 et seq. The provision of broadband service, VoIP, and wireless service shall be market based and not subject to direct or indirect state or local regulation, including, but not limited to:
(1) The deployment of facilities or equipment used to provide broadband service, VoIP, and wireless service; or
(2) The rates, terms, conditions, or availability of broadband service, VoIP, and wireless service.
(b)(1) Any requirement, whether direct or indirect, imposed upon broadband service, VoIP, and wireless service in existence at the time of enactment of this article is hereby voided. Notwithstanding the foregoing, the commission´s orders in Docket Nos. 11901_U and 16583_U regarding BellSouth´s provision of DSL over UNE_P lines (the 'DSL over UNE_P orders') shall be void on November 18, 2006. If the DSL over UNE_P orders are preempted, voided, or overturned by a decision of a court or the Federal Communications Commission on an earlier date, such decision shall be given effect, but in no case shall the effectiveness of the DSL over UNE_P orders extend past November 18, 2006. Moreover, the DSL over UNE_P orders are effective only to the extent UNE_P is required under 47 U.S.C. Section 251.
(2) This Code section shall not be construed to limit the commission´s authority to arbitrate or enforce interconnection agreements as required under 47 U.S.C. Sections 251 and 252, and this Code section shall not be construed to limit the duties of a telecommunications carrier to provide unbundled access to network elements or interconnection, including, but not limited to, loops, subloops, transmission facilities, and collocation space, to the extent required under federal law, including regulations and orders prescribed by the Federal Communications Commission.
(3) Nothing in this Code section shall be construed to preclude the application of otherwise lawful access charges or applicable taxes to broadband service providers, VoIP providers, and wireless service providers to the extent required by federal or state law.
(4) Nothing in this Code section shall be construed to affect franchising obligations, if any, that exist under state or federal law.
(5) Nothing in this Code section shall affect the commission´s duties set forth in Article 5 of this chapter, the 'Telecommunications Marketing Act of 1998.'"

SECTION 2.
This Act shall become effective on July 1, 2005.

SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.