O.C.G.A. § 46-5-41 (2019)

Annotations

JUDICIAL DECISIONS Section requires limits on granting of competing certificates. - The requirements that no competing certificate shall be granted when the existing certificate holder is adequately serving the public, and no competing certificate shall be granted unless and until it is proved that the existing certificate holder is rendering inadequate service, are presently inherent in the public convenience and necessity provisions of Ga. L. 1950, p. 311, § 1 (see O.C.G.A. § 46-5-41). Statesboro Tel. Co. v. Georgia Pub. Serv. Comm’n, 235 Ga. 179, 219 S.E.2d 127 (1975). Issuance of competing telephone certificate. - Competing telephone certificate can only be issued upon showing that public convenience and necessity so require. Statesboro Tel. Co. v. Georgia Pub. Serv. Comm’n, 235 Ga. 179, 219 S.E.2d 127 (1975). Public convenience and necessity does not authorize issuance of competing certificate so long as existing certificate holder renders adequate service. Statesboro Tel. Co. v. Georgia Pub. Serv. Comm’n, 235 Ga. 179, 219 S.E.2d 127 (1975). Certificate holder not allowed opportunity to improve service before competing certificate granted. - There is no requirement that an existing telephone certificate holder rendering inadequate service to the public

be afforded an opportunity to improve service before a competing telephone certificate can be granted by the Public Service Commission. Statesboro Tel. Co. v. Georgia Pub. Serv. Comm’n, 235 Ga. 179, 219 S.E.2d 127 (1975). Telephone company will not be heard to complain of unspecified loss. - A public service telephone company enjoys profits by reason of certificates granted by the state, and it will not be heard to complain because of the possibility of an unspecified ‘‘loss’’ incurred in providing adequate telephone service to the public. Statesboro Tel. Co. v. Georgia Pub. Serv. Comm’n, 235 Ga. 179, 219 S.E.2d 127 (1975). Judicial notice of certificate. - Federal district court could take judicial notice pursuant to Fed. R. Evid. 201 that a cable company possessed a valid certificate of authorization from the Georgia Public Service Commission that allowed it to exercise eminent domain under O.C.G.A. § 46-5-1(a) where that certificate accompanied a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6). Davis v. Williams Communs., Inc., 258 F. Supp. 2d 1348 (N.D. Ga. 2003). Cited in City of Calhoun v. North Ga. Elec. Membership Corp., 233 Ga. 759, 213 S.E.2d 596 (1975); Coin Call, Inc. v. Southern Bell Tel. & Tel. Co., 636 F. Supp. 608 (N.D. Ga. 1986).

OPINIONS OF THE ATTORNEY GENERAL Commission may revoke certificate for nonuse. - After a hearing on all of the facts of a particular case, the Public Service Commission can revoke for nonuse a certificate of public convenience and necessity which it

has granted to a telephone company. 1971 Op. Att’y Gen. No. 71-144. Commission may alter boundaries of telephone service areas. - Commission may alter established boundaries of telephone

service areas by granting competing certificates within the same service areas if the public convenience and necessity would be served thereby. 1979 Op. Att’y Gen. No. 79-20. Commission may authorize company to serve consumer located in competitor’s service area. - The Public Service Commission has the authority to authorize a telephone company to provide service to a consumer located in the service area certificated to a

competing telephone company by granting the telephone company, which the consumer wishes to be served by, a certificate of public convenience and necessity to serve the area within which the consumer is located. Nonetheless, the commission cannot award such a competing certificate unless the commission determines that the existing certificate holder is unwilling or incapable of providing adequate service within the area. 1979 Op. Att’y Gen. No. 79-20.

RESEARCH REFERENCES Am. Jur. 2d. - 74 Am. Jur. 2d, Telecommunications, §§ 5, 11, 12, 19, 21.

C.J.S. - 86 C.J.S., Telecommunications, §§ 5, 6, 8 et seq., 17, 30, 34 et seq.