County-Wide Local Calling; Modification of Existing Rate Schedules; Plans for Implementing Service; Methods of Funding; Rate-Making Power of Commission Not Affected

  1. Law
  2. Georgia Code
  3. Public Utilities and Public Transportation
  4. Public Service Commission
  5. Jurisdiction, Powers, and Duties Generally
  6. County-Wide Local Calling; Modification of Existing Rate Schedules; Plans for Implementing Service; Methods of Funding; Rate-Making Power of Commission Not Affected

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  1. Except as provided in subsection (b) of this Code section, on and after July 1, 1990, the commission shall not approve any rate schedule which authorizes a long-distance charge for calls between two telephones within the same county.Where two or more telephone companies operate in the same county, each company shall provide county-wide local calling to and from telephones within the area served by the other company or companies in the county. Rate schedules approved prior to July 1, 1990, shall be amended to comply with this Code section by not later than July 1, 1991.
  2. All rate schedules approved pursuant to this Code section may be modified at the discretion of the commission upon a good and sufficient showing of geographic, economic, or technological infeasibility by a telephone company.
  3. All rate schedules approved pursuant to this Code section shall take into account the following:
    1. The reasonable cost of providing such service to customers of the telephone company throughout the entire service area of such telephone company and the increased value resulting from such expanded calling areas;
    2. The average annual contributions made by such telephone company to the intra-LATA toll pool if such pool exists; and
    3. The reasonable rate of return on investment authorized in the rate schedule approved by the commission for such telephone company.
  4. The commission shall, on or before December 31, 1990, implement a plan whereby all telephone companies subject to its jurisdiction will provide to each telephone subscriber, in addition to its present service arrangements and the intracounty service mandated under the provisions of this Code section, expanded community of interest toll free calling beyond county boundary lines and/or a reduction in intra-LATA toll rates to a level comparable to present inter-LATA toll rates.
  5. Any plan to implement county-wide local calling shall be subject to the approval of the commission.In developing a plan, the commission shall require telephone companies to enter into negotiations to provide for county-wide local calling throughout their service areas.If the companies are unable to reach an agreement within a time frame consistent with the requirements of this Code section and the instructions of the commission, the commission may impose its own plan.The commission shall have the authority to determine the method of funding this service.In determining the method of funding this service, the commission shall first utilize any available earnings of the telephone companies in excess of those authorized in their respective tariffs; provided, however, that the commission shall not mandate any plan that requires the transfer of funds to implement county-wide local calling from one telephone company to another unless or until all other remedies are exhausted. Any telephone company seeking to recover any portion of its expenses or lost toll revenues resulting from the implementation of such county-wide local calling plan shall demonstrate its financial hardship to the commission before such recovery shall be allowed.It shall be within the discretion of the commission to determine the methodology and source of recovery for any such affected telephone company. Such methodology and source may include, but not be limited to, increases in the affected telephone company's rates and charges, sharing of lost revenues and increased expenses by any other telephone company included in the plan under review, and any other methodology which has as its goal the maintenance of reasonable telephone rates for all subscribers in the state.
  6. The commission shall be authorized to consider and adopt alternative forms of regulation for telephone companies which may include, but will not be limited to, establishing plans which require the sharing with its subscribers of telephone company earnings above preestablished levels or regulating the maximum prices of basic local exchange services for which there are no readily available substitutes.In determining what actions, if any, are to be taken under this subsection, the commission shall consider the factors contained in subsection (c) of Code Section 46-2-23.
  7. Nothing in this Code section shall be interpreted as amending, modifying, or repealing Code Section 46-2-23, relating to the rate-making power of the commission generally and special provisions concerning telecommunications companies.

(Code 1981, §46-2-25.1, enacted by Ga. L. 1990, p. 1672, § 1.)

Code Commission notes.

- Pursuant to Code Section § 28-9-5, in 1991, "Code section" was substituted for "Code Section" near the beginning of subsection (g).

Law reviews.

- For note on 1990 enactment of this Code section, see 7 Ga. St. U.L. Rev. 352 (1990).

JUDICIAL DECISIONS

Violations of O.C.G.A. § 46-2-25.1 or O.C.G.A. § 46-2-25.2 did not impose any duties or obligations upon telecommunication providers, a violation of which would give rise to a cause of action under O.C.G.A. § 46-2-90. Lange v. Standard Tel. Co., 243 Ga. App. 301, 533 S.E.2d 162 (2000).


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