§ 46-5-160. Short Title
This article shall be known and may be cited as “The Telecommunications and Competition Development Act of 1995.” History. Code 1981, § 46-5-160 , enacted by Ga. L. 1995, p. 886, § 2.
§ 46-5-161. Legislative Findings; Intent
The General Assembly finds: It is in the public interest to establish a new regulatory model for telecommunications services in Georgia to reflect the transition to a reliance on market based competition as the best mechanism for the selection and provision of needed telecommunications services at the most efficient pricing; Investment in the telecommunications infrastructure […]
§ 46-5-162. Definitions
As used in this article, the term: “Alternative regulation” means a form of regulation pursuant to which the rates, terms, and conditions for telecommunications services provided by a local exchange company are set pursuant to the rules specified in this article. “Basic local exchange services” or “universal access local exchange services” mean the provision to […]
§ 46-5-163. Certificates of Authority
A telecommunications company including a telecommunications services reseller shall not provide telecommunications services without a certificate of authority issued by the commission. The provisions of Code Section 46-5-45 shall apply in circumstances where a telecommunications company is providing telecommunications services without a certificate issued by the commission. The commission shall have the authority to issue […]
§ 46-5-164. Interconnection Among Certificated Local Exchange Companies
All local exchange companies shall permit reasonable interconnection with other certificated local exchange companies. This subsection includes all or portions of such services as needed to provide local exchange services. The rates, terms, and conditions for such interconnection services shall not unreasonably discriminate between providers and shall be negotiated in good faith between the providers […]
§ 46-5-165. Alternative Regulation of Rates, Terms, and Conditions
Any Tier 1 local exchange company may elect to have its rates, terms, and conditions for its services determined pursuant to the alternative regulation described in this article, in lieu of other forms of regulation including but not limited to rate of return or rate base monitoring or regulation, upon the filing of notice with […]
§ 46-5-166. Rates for Switched Access
An electing company, as defined in paragraph (5) of Code Section 46-5-162, shall set rates on a basis that does not unreasonably discriminate between similarly situated customers; provided, however, that all such rates are subject to a complaint process for abuse of market position in accordance with rules to be promulgated by the commission. Except […]
§ 46-5-167. Universal Access Fund
The commission shall administer a Universal Access Fund to assure the provision of reasonably priced access to basic local exchange services throughout Georgia. The fund shall be administered by the commission pursuant to this Code section and under rules to be promulgated by the commission as needed to assure that the fund operates in a […]
§ 46-5-168. Jurisdiction and Authority of Commission
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. The commission’s jurisdiction shall include the authority to: Adopt reasonable rules governing certification of local exchange companies; Grant, modify, impose conditions […]
§ 46-5-169. Company Obligations Associated With Alternative Regulation
A company electing alternative regulation: Shall comply with orders issued and rules adopted by the commission to implement the express provisions of this article as a condition of obtaining or retaining a certificate of authority under this article; Shall not refuse any reasonable application for basic local exchange service; Shall not give any unreasonable preference […]
§ 46-5-170. Access to Local Telephone Numbering Resources and Assignments
Providers of local exchange services shall have access to local telephone numbering resources and assignments on equitable terms that include recognition of the scarcity of such resources and that are in accordance with adopted national assignment guidelines and commission rules. Additionally, all local exchange companies shall make the necessary modifications to allow portability of local […]
§ 46-5-171. Local Call Charges Based on Duration or Time of Call Prohibited
A local exchange company may not charge a residential customer or single line business for basic local exchange service based on the duration of a call or on the time of day that a call is made; provided, however, that such restriction shall not apply in any case where a customer or business requests charges […]
§ 46-5-171.1. Written Authorization Required by Customer Prior to Being Charged for Service Initiated by a Third Party
Except as provided in subsection (b) of this Code section, no telecommunications company shall charge a customer for any service which is provided to the customer by a nonaffiliated third party until such third party has certified to the telecommunications company that the third party has received the customer’s written authorization for such charges. When […]
§ 46-5-172. Annual Report of Tier 1 Company’s Investment Commitment
A Tier 1 local exchange company shall provide an annual report with quarterly updates to the commission regarding its investment commitment as prescribed in subsection (a) of Code Section 45-5-165. Contributions to infrastructure for distance learning and telemedicine by a Tier 1 local exchange company shall be considered an investment credit toward the required investment […]
§ 46-5-173. Unpublished Telephone Identification
Any person that obtains an unpublished telephone identification using a telephone caller identification service may not do any of the following without the written consent of the customer of the unpublished telephone line identification: Intentionally disclose the unpublished telephone line identification to another person for purposes of resale or commercial gain; Intentionally use the unpublished […]
§ 46-5-174. Commission’s Annual Report to General Assembly
The commission shall report to the General Assembly annually on the status of the transition to alternative regulation of telecommunications services in Georgia. History. Code 1981, § 46-5-174 , enacted by Ga. L. 1995, p. 886, § 2.