Title 46, Chapter 2, Section 23
( 46-2-23)
(a) The commission shall have exclusive power to determine what are
just and reasonable rates and charges to be made by any person,
firm, or corporation subject to its jurisdiction. (b) As to those telecommunications companies subject to the
jurisdiction of the commission, the commission is not required to
fix and determine specific rates, tariffs, or charges for the
services offered by said telecommunications companies and in lieu
thereof may on application of an interested party or on its own
motion after public notice and hearing: (1) Totally deregulate a service; (2) Totally eliminate any tariffs on a service; (3) Eliminate tariff rates for a service but retain tariffs for
service standards and requirements; or (4) Eliminate tariff rates for a service but require that notice
of any rate changes be provided to the commission. (c) In determining what actions, if any, are to be taken on
applications under subsection (b) of this Code section, the
commission shall conduct hearings at which it shall consider the
following factors: (1) The extent to which competing telecommunications services are
available from competitive providers in the relevant geographic
market; (2) The ability of competitive providers to make functionally
equivalent or substitute services readily available; (3) The number and size of competitive providers of service; (4) The overall impact of the proposed regulatory change on the
continued availability of existing services at just and reasonable
rates; (5) The impact of the proposed regulatory change upon efforts to
promote universal availability of basic telecommunications
services at affordable rates and to permit telecommunications
companies subject to the jurisdiction of the commission to respond
to competitive thrusts; and (6) Such other factors as the commission may determine are in the
public interest. (d) Nothing in this Code section shall authorize the application of
subsection (b) of this Code section to any service unless
functionally equivalent or substitute services are readily available
from competitive providers in the relevant geographic market. This
finding must be made on the record after public hearing. (e) Any telecommunications service deregulated or detariffed under
this Code section may be reregulated or resubjected to tariffing by
the commission if the commission finds, through a proceeding
initiated on its own or upon application by an interested party,
that such reregulation or retariffing is in the public interest. (f) Nothing in this Code section shall be interpreted as requiring
the commission to alter, amend, or repeal any rule or regulation
which relates to any telecommunications company and which has been
adopted by the commission or which is under consideration for
adoption by the commission as of April 14, 1988. (g) No telecommunications company may use current revenues earned or
expenses incurred in conjunction with services subject to regulation
to subsidize services which are not regulated or tariffed. The
commission may adopt procedural rules as necessary to implement this
subsection. (h) Nothing in this Code section shall be interpreted as amending,
modifying, altering, or repealing Chapter 6 of this title, known as
the "Georgia Radio Utility Act." (i) Beginning one year after deregulation or eliminating tariffs on
a service, the utility will file within 60 days of such anniversary
date with the commission a report showing the rates or tariffs for
such service on the effective date of deregulation or detariffing
and the rates or tariffs on the anniversary date. Such reports will
continue to be filed on an updated basis annually for a period of
five years. The commission may prescribe the form and content of
such reports. The commission will thereafter as soon as practicable
file a summary of the results and contents of such reports with the
Industry Committee of the House of Representatives and the Finance
and Public Utilities Committee of the Senate. |