§ 46-3-171. Definitions.






Current through 2019-2020 Chapter 609

§ 46-3-171. Definitions

As used in this article, the term:

(1) 'Address' means a complete mailing address, including, whenever practicable, street and number or building and floor.
(2) 'Articles of incorporation' means the original or restated articles of incorporation or articles of consolidation and all the amendments thereto, including articles of merger, and also includes what have been designated by the laws of this state prior to July 1, 1981, as charters.
(2.1) 'Broadband affiliate' means any person which directly or indirectly controls, is controlled by, or is under common control of one or more electric membership corporations and which is used to provide broadband services.
(2.2) 'Broadband facilities' means any facilities and equipment utilized to provide or support broadband services.
(2.3) 'Broadband services' means a wired or wireless service that consists of the capability to transmit data at a rate not less than 200 kilobits per second to and from end users and in combination with such service provides:
(A) Access to the internet;
(B) Computer processing, information storage, or protocol conversion; or
(C) Any application or information content to be provided over or through broadband. Such term shall include any broadband facilities and equipment associated with providing such a service.
(2.4) 'Communications service provider' means a provider of cable service as defined in 47 U.S.C. Section 522 (6), telecommunications service as defined in 47 U.S.C. Section 153 (53), or information service as defined in 47 U.S.C. Section 153 (24), as each such term existed on January 1, 2019.
(2.5) 'Electric easement' means a right of way or an easement, whether acquired by eminent domain, prescription, or conveyance, that is used or may be used for transmitting, distributing, or providing electrical energy and services by utilizing aboveground or underground wires, cables, lines, or similar facilities.
(3) 'Electric membership corporation' or 'EMC' means an electric membership corporation organized under this article or any prior electric membership corporation law of this state, or a corporation which elected, in accordance with the provisions thereof, to be governed by Ga. L. 1937, p. 644, the 'Electric Membership Corporation Act.'
(4) 'Federal agency' includes the United States of America and any department, administration, commission, board, bureau, office, establishment, agency, authority, or instrumentality thereof.
(5) 'Foreign electric cooperative' means a cooperative, nonprofit membership corporation organized under laws other than the laws of this state for the same or similar purposes for which an electric membership corporation may be organized under this article.
(5.1) 'Gas activities' shall have the same meaning as provided for in Code Section 46-4-152.
(5.2) 'Gas affiliate' shall have the same meaning as the term 'EMC gas affiliate' provided in Code Section 46-4-152.
(6) 'Insolvent' means that an electric membership corporation is unable to pay its debts as they become due in the usual course of its business or that it has liabilities in excess of assets.
(7) 'Member' means a person that has met the requirements and conditions of membership in an electric membership corporation which are set forth in this article and in the articles of incorporation and bylaws of an electric membership corporation.
(8) 'Person' includes any natural person; firm; association; electric membership corporation; cooperative; corporation ; business or other trust; partnership; limited liability company; federal agency; state or political subdivision thereof; body politic; or other entity recognized by law.
(8.1) 'Retail broadband services' means any broadband services other than those provided for:
(A) The internal use of an electric membership corporation;
(B) The internal use of another electric membership corporation;
(C) Resale by another electric membership corporation or other communications service providers; or
(D) Use as a component part of communications services that other communications service providers offer to their customers.
(9) 'Service' means any service or commodity which an electric membership corporation may provide under this article for which value is paid.

Cite as OCGA § 46-3-171

History. Amended by 2019 Ga. Laws 51, §1, eff. 4/26/2019.