TITLE 46 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

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

ARTICLE 9 RETAIL TELECOMMUNICATIONS SERVICES

46-5-251. Authority of Public Service Commission limited.

1. Notwithstanding any other provision of law in this chapter or Chapter 2 of this title except the provisions of Code Section 46-5-252 and the complaint process set forth in subsection (a) of the Code Section 46-5-166, the Public Service Commission shall not have any jurisdiction, right, power, authority, or duty to impose or enforce any requirement, regulation, or rule relating to the setting of rates or terms and conditions for the offering of retail telecommunications service by a telecommunications company not subject to rate of return regulation.
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, intercarrier compensation, 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, §46-5-251, enacted by Ga. L. 2010, p. 1135, § 6/HB 168.)