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O.C.G.A. § 46-5-222 — Commission has no authority over setting of rates or terms and conditions for the offering of broadband service, voice over Internet protocol, or wireless service; limitations | Georgia Code
O.C.G.A. § 46-5-222 (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 7 COMPETITIVE EMERGING COMMUNICATIONS TECHNOLOGIES

46-5-222. Commission has no authority over setting of rates or terms and conditions for the offering of broadband service, voice over Internet protocol, or wireless service; limitations.

  1. The Public Service Commission shall not have any jurisdiction, right, power, authority, or duty to impose any requirement or regulation relating to the setting of rates or terms and conditions for the offering of broadband service, VoIP, or wireless services.
  2. This Code section shall not be construed to affect:
    1. State laws of general applicability to all businesses, including, without limitation, consumer protection laws and laws relating to restraint of trade;
    2. Any authority of the Public Service Commission with regard to consumer complaints; or
    3. Any authority of the Public Service Commission to act in accordance with federal laws or regulations of the Federal Communications Commission, including, without limitation, jurisdiction granted to set rates, terms, and conditions for access to unbundled network elements and to arbitrate and enforce interconnection agreements.
  3. Except as otherwise expressly provided in this Code section, nothing in this Code section shall be construed to restrict or expand any other authority or jurisdiction of the Public Service Commission.

(Code 1981, §46-5-222, enacted by Ga. L. 2006, p. 641, § 2/SB 120; Ga. L. 2010, p. 1135, § 5/HB 168.)

The 2010 amendment, effective June 4, 2010, substituted "services" for "service" at the end of subsection (a).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2006, Code Section 46-5-202, as enacted by Ga. L. 2006, p. 641, § 2/SB 120, was redesignated as Code Section 46-5-222.

Editor's notes.

- Ga. L. 2010, p. 1135, § 1, not codified by the General Assembly, provides that: "It is the intent of the General Assembly to:

"(1) Update and modernize Georgia's telecommunications laws to encourage competition and bring about lower prices and better services for the consumer;

"(2) Make Georgia a more attractive place for telecommunications investment and encourage the deployment of advanced technologies;

"(3) Create and preserve jobs for Georgia workers; and

"(4) Reduce the subsidies paid by Georgia consumers.

"It is not the intent of the General Assembly to impose any fee or other charge on Georgia consumers."

Ga. L. 2010, p. 1135, § 2, not codified by the General Assembly, provides that: "This Act shall be known as and may be cited as the 'Telecom Jobs and Investment Act.'"

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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.