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O.C.G.A. § 46-5-165 — Alternative regulation of rates, terms, and conditions | Georgia Code
O.C.G.A. § 46-5-165 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 46 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

Section 5. Telephone Service, 46-5-1 through 46-5-252.

ARTICLE 4 TELECOMMUNICATIONS AND COMPETITION DEVELOPMENT

46-5-165. Alternative regulation of rates, terms, and conditions.

  1. Any Tier 1 local exchange company may elect to have its rates, terms, and conditions for its services determined pursuant to the alternative regulation described in this article, in lieu of other forms of regulation including but not limited to rate of return or rate base monitoring or regulation, upon the filing of notice with the commission and committing to provide basic local exchange services upon reasonable request and to invest $500 million per year for five years to improve and strengthen telecommunications services in Georgia; provided, however, that after the expiration of three years of such investments, the commission shall determine, after notice and opportunity for a Tier 1 local exchange company or other interested parties to be heard, whether such investment commitment should be continued for the remaining two years or whether such commitment should be reduced.
  2. Any Tier 2 local exchange company may elect to have the rates, terms, and conditions for its services determined pursuant to the alternative regulation described in this article upon the filing of notice with the commission and committing to provide basic local exchange services upon reasonable request.
  3. The alternative regulation under this article shall become effective on the date specified by the electing company but in no event sooner than 30 days after such notice is filed with the commission.
  4. On the date a telecommunications company elects the alternative regulation described in this article, all existing rates, terms, and conditions for the services provided by the electing company contained in the then existing tariffs and contracts are deemed just and reasonable.

(Code 1981, §46-5-165, enacted by Ga. L. 1995, p. 886, § 2.)

JUDICIAL DECISIONS

Interim period after electing alternative regulation.

- During the transition period occurring between the date of an incumbent local exchange company's election of alternative regulation and the date alternative regulation became effective, the commission retained its authority to adjust the existing rates of the company so that the rates remained reasonable and just. Georgia Pub. Serv. Comm'n v. ALLTEL Ga. Communications Corp., 227 Ga. App. 382, 489 S.E.2d 350 (1997), aff'd, 270 Ga. 105, 505 S.E.2d 218 (1998).

The Public Service Commission has authority to review rates for no less than 30 days after a notice of election of alternative regulation is filed. ALLTEL Ga. Communications Corp. v. Georgia Pub. Serv. Comm'n, 270 Ga. 105, 505 S.E.2d 218 (1998).

Rule nisi issued by Public Service Commission provided reasonable notice of the Commission's intent to investigate the authorized return on equity of a Tier 2 local exchange company and to adjust its rates prior to its election of alternative regulation. Georgia PSC v. ALLTEL Ga. Communs. Corp., 244 Ga. App. 645, 536 S.E.2d 542 (2000).

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This Georgia Code resource is curated by Georgia Bar member Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.