Title 46, Chapter 5, Section 168
( 46-5-168)
(a) The jurisdiction of the commission under this article shall be
construed to include the authority necessary to implement and
administer the express provisions of this article through
rule-making proceedings and orders in specific cases. (b) The commission's jurisdiction shall include the authority to: (1) Adopt reasonable rules governing certification of local
exchange companies; (2) Grant, modify, impose conditions upon, or revoke a
certificate; (3) Establish and administer the Universal Access Fund including
modifications to the maximum allowable charge for basic local
exchange service; (4) Adopt reasonable rules governing service quality; (5) Resolve complaints against a local exchange company regarding
that company's service; (6) Require a telecommunications company electing alternative
regulation under this article to comply with the rate adjustment
provisions of this article; (7) Approve and if necessary revise, suspend, or deny tariffs in
accordance with the provisions of this article; (8) If necessary, elect another comparable measurement of
inflation calculated by the United States Department of Commerce; (9) Establish reasonable rules and methodologies for performing
cost allocations among the services provided by a
telecommunications company; and (10) Direct telecommunications companies to make investments and
modifications necessary to enable portability. (c) The commission shall render a final decision in any proceeding
initiated pursuant to the provisions of this article no later than
60 days after the close of the record except that the commission, by
order, may extend such period in any case in which it shall find
that the complexity of the issues and the length of the record
require an extension of such period, in which event the commission
shall render a decision at the earliest date practicable. In no
event shall the commission delay the rendering of a final decision
in such proceeding beyond the earlier of 120 days after the close of
the record or 180 days from the filing of the notice of rulemaking,
petition, or complaint that initiated the proceeding. (d) In conducting any rule-making proceeding under this article, the
commission shall consider the following factors: (1) The extent to which cost-effective competitive alternatives
are available to existing telecommunications networks and
services; and
(2) Requirements necessary to prevent any disadvantage or economic
harm to consumers, protect universal affordable service, establish
and maintain an affordable Universal Access Fund, protect the
quality of telecommunications services, prevent anticompetitive
practices, and prevent abandonment of service to areas where there
is no competing provider of telecommunications service. (e) Subject to any other provision of law protecting the
confidentiality of trade secrets, the commission shall have access
to the books and records of telecommunications companies as may be
necessary to ensure compliance with the provisions of this article
and with the commission's rules and regulations and to carry out its
responsibilities under this article. (f) In order to promote economic development and competitive
advantage for the State of Georgia, the commission shall have the
authority to petition, intervene, or otherwise commence proceedings
before the appropriate federal agencies and courts having specific
jurisdiction over the regulation of telecommunications seeking to
enhance the competitive market for telecommunications services
within the state. |