2020 Georgia Code
Title 46 - Public Utilities and Public Transportation
Chapter 5 - Telephone Service
Article 2 - Telephone Service
Part 1 - General Provisions
§ 46-5-20. Judicial Proceedings for Disconnection and Removal of Illegally Used Telephone Facilities; Liability of Telephone Companies for Complying With Order of Disconnection and Removal

1. When any municipal, county, state, or federal law enforcement officer acting within his apparent jurisdiction has reason to believe that certain telephone facilities or any part thereof are being used or have been used in violation of any federal law, the laws of the State of Georgia, or the ordinances of any municipality therein, that officer may make oath or affidavit stating his belief to the district attorney of the judicial circuit in which the telephone facilities are located. Thereupon, the district attorney shall petition the judge of the superior court of that circuit to issue a rule nisi which shall be promptly served upon the person in whose name the telephone facilities are listed, requiring the party, within a reasonable time to be fixed by the judge, which shall not be less than 48 hours from time of service of the petition on said party, to show cause before the judge why the telephone facilities should not be promptly removed. At the hearing on the rule nisi the burden of proof shall be upon the petitioner.
2. Upon a finding by the court that the telephone facilities are being or have been used in violation of the laws described in subsection (a) of this Code section, the court shall issue an order requiring the telephone company which is rendering service over the facilities to disconnect and remove such facilities. Upon receipt of such order, which shall be served upon an officer of the telephone company by the sheriff of the county in which the telephone facilities are installed or by his duly authorized deputies, the telephone company shall proceed within a reasonable time to disconnect and remove such facilities and discontinue all telephone service rendered over the facilities until further order of the court.
3. The law enforcement officer who applies to the district attorney for the removal of such facilities shall, in his official capacity, be a necessary party to any proceeding or action arising out of or under this Code section.
4. No telephone company shall be liable for any damages, penalty, or forfeiture, whether civil or criminal, for any act performed in compliance with any order issued by the judge of thesuperior court under this Code section.

(Ga. L. 1962, p. 149, §§ 1-3; Ga. L. 1982, p. 3, § 46.)

- For note discussing organized crime in Georgia with respect to the application of state gambling laws, and suggesting proposals for combatting organized crime, see 7 Ga. St. B.J. 124 (1970).

Cited in Coin Call, Inc. v. Southern Bell Tel. & Tel. Co., 636 F. Supp. 608 (N.D. Ga. 1986).

RESEARCH REFERENCES

Am. Jur. 2d.

- 74 Am. Jur. 2d, Telecommunications, § 42.

- 86 C.J.S., Telecommunications, § 122.

- Liability of telephone company respecting messages or communications relating to gambling transaction, 62 A.L.R. 182.

Right of telephone company to refuse, or discontinue, service because of failure to pay bills or other violation of conditions of use, 70 A.L.R. 894.

Right or duty to refuse telephone, telegraph, or other wire service in aid of illegal gambling operations, 30 A.L.R.3d 1143.

Right of telephone or telegraph company to refuse, or discontinue, service because of use of improper language, 32 A.L.R.3d 1041.