Title 46, Chapter 2, Section 25.1
( 46-2-25.1)
(a) 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. (b) 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. (c) 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. (d) 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. (e) 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. (f) 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. (g) 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. |