TITLE 46 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

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

ARTICLE 4 TELECOMMUNICATIONS AND COMPETITION DEVELOPMENT

46-5-168. Jurisdiction and authority of commission.

1. The jurisdiction of the commission under this article shall be construed to include the authority necessary to implement and administer the express provisions of this article through rule-making proceedings and orders in specific cases.
2. The commission's jurisdiction shall include the authority to:
   1. Adopt reasonable rules governing certification of local exchange companies;
   2. Grant, modify, impose conditions upon, or revoke a certificate;
   3. Establish and administer the Universal Access Fund including modifications to the maximum allowable charge for basic local exchange service;
   4. Adopt reasonable rules governing service quality;
   5. Resolve complaints against a local exchange company regarding that company's service;
   6. Require a telecommunications company electing alternative regulation under this article to comply with the rate adjustment provisions of this article;
   7. Approve and if necessary revise, suspend, or deny tariffs in accordance with the provisions of this article;
   8. If necessary, elect another comparable measurement of inflation calculated by the United States Department of Commerce;
   9. Establish reasonable rules and methodologies for performing cost allocations among the services provided by a telecommunications company; and
   10. Direct telecommunications companies to make investments and modifications necessary to enable portability.
3. The commission shall render a final decision in any proceeding initiated pursuant to the provisions of this article no later than 60 days after the close of the record except that the commission, by order, may extend such period in any case in which it shall find that the complexity of the issues and the length of the record require an extension of such period, in which event the commission shall render a decision at the earliest date practicable. In no event shall the commission delay the rendering of a final decision in such proceeding beyond the earlier of 120 days after the close of the record or 180 days from the filing of the notice of rulemaking, petition, or complaint that initiated the proceeding.
4. In conducting any rule-making proceeding under this article, the commission shall consider the following factors:
   1. The extent to which cost-effective competitive alternatives are available to existing telecommunications networks and services; and
   2. Requirements necessary to prevent any disadvantage or economic harm to consumers, protect universal affordable service, establish and maintain an affordable Universal Access Fund, protect the quality of telecommunications services, prevent anticompetitive practices, and prevent abandonment of service to areas where there is no competing provider of telecommunications service.
5. Subject to any other provision of law protecting the confidentiality of trade secrets, the commission shall have access to the books and records of telecommunications companies as may be necessary to ensure compliance with the provisions of this article and with the commission's rules and regulations and to carry out its responsibilities under this article.
6. In order to promote economic development and competitive advantage for the State of Georgia, the commission shall have the authority to petition, intervene, or otherwise commence proceedings before the appropriate federal agencies and courts having specific jurisdiction over the regulation of telecommunications seeking to enhance the competitive market for telecommunications services within the state.

(Code 1981, §46-5-168, enacted by Ga. L. 1995, p. 886, § 2.)