O.C.G.A.
O.C.G.A.

O.C.G.A. § 46-5-165 (2019)

Alternative regulation of rates, terms, and conditions

✓ O.C.G.A.: 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) 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.

(b) 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.

(c) 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.

(d) 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.

History

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

Annotations

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. Communi-

cations 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 Pub. Serv. Comm’n v. ALLTEL Ga. Communications Corp., 244 Ga. App. 645, 536 S.E.2d 542 (2000).

Notes of Decisions
Cited in 4 cases, 1997–2000 · leading case: Georgia Pub. Serv. Comm'n v. Alltel Georgia Commc'ns Corp., 489 S.E.2d 350 (Ga. Ct. App. 1997).
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Georgia Pub. Serv. Comm'n v. Alltel Georgia Commc'ns Corp., 489 S.E.2d 350 (Ga. Ct. App. 1997). · cites it 52× “On June 14, 1996, ALLTEL Companies filed a notice of alternative regulation with the PSC pursuant to OCGA § 46-5-165. The notice adopted July 15, 1996, as the alternative regulation effective date.”
Alltel Georgia Commc'ns v. Georgia Pub. Serv. Comm'n, 505 S.E.2d 218 (Ga. 1998). · cites it 48× “ALLTEL filed a petition for judicial review in superior court and contended that, at the moment of election, the artificially high rates under the Plan became locked-in under OCGA § 46-5-165 (d) and that the PSC lost the authority to review its rates.”
Georgia Pub. Serv. Comm'n v. ALLTEL Georgia Commc'ns Corp., 536 S.E.2d 542 (Ga. Ct. App. 2000). · cites it 10× “ALLTEL was still operating under the Regulatory Agreement when it notified the Commission on June 14,1996, of its election of alternative regulation effective 30 days later, the shortest period allowed by OCGA § 46-5-165. Under that statute, upon the effective date of the…”
Georgia Pub. Serv. Comm'n v. Alltel Georgia Commc'ns Corp., 497 S.E.2d 50 (Ga. Ct. App. 1998). · cites it 2× “As Tier 2 LECs, the Alltel companies elected pursuant to OCGA § 46-5-165 (b) to have their rates, terms and conditions for services determined pursuant to the alternative regulation described in OCGA § 46-5-166.”
46-5-165(b): 2 cases
Georgia Pub. Serv. Comm'n v. Alltel Georgia Commc'ns Corp., 489 S.E.2d 350 (Ga. Ct. App. 1997). “On June 14, 1996, ALLTEL Companies filed a notice of alternative regulation with the PSC pursuant to OCGA § 46-5-165. The notice adopted July 15, 1996, as the alternative regulation effective date.”
Alltel Georgia Commc'ns v. Georgia Pub. Serv. Comm'n, 505 S.E.2d 218 (Ga. 1998). “ALLTEL filed a petition for judicial review in superior court and contended that, at the moment of election, the artificially high rates under the Plan became locked-in under OCGA § 46-5-165 (d) and that the PSC lost the authority to review its rates.”
46-5-165(c): 2 cases
Alltel Georgia Commc'ns v. Georgia Pub. Serv. Comm'n, 505 S.E.2d 218 (Ga. 1998). “ALLTEL filed a petition for judicial review in superior court and contended that, at the moment of election, the artificially high rates under the Plan became locked-in under OCGA § 46-5-165 (d) and that the PSC lost the authority to review its rates.”
Georgia Pub. Serv. Comm'n v. Alltel Georgia Commc'ns Corp., 489 S.E.2d 350 (Ga. Ct. App. 1997). “On June 14, 1996, ALLTEL Companies filed a notice of alternative regulation with the PSC pursuant to OCGA § 46-5-165. The notice adopted July 15, 1996, as the alternative regulation effective date.”
46-5-165(d): 2 cases
Alltel Georgia Commc'ns v. Georgia Pub. Serv. Comm'n, 505 S.E.2d 218 (Ga. 1998). “ALLTEL filed a petition for judicial review in superior court and contended that, at the moment of election, the artificially high rates under the Plan became locked-in under OCGA § 46-5-165 (d) and that the PSC lost the authority to review its rates.”
Georgia Pub. Serv. Comm'n v. Alltel Georgia Commc'ns Corp., 489 S.E.2d 350 (Ga. Ct. App. 1997). “On June 14, 1996, ALLTEL Companies filed a notice of alternative regulation with the PSC pursuant to OCGA § 46-5-165. The notice adopted July 15, 1996, as the alternative regulation effective date.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.