2020 Georgia Code
Title 46 - Public Utilities and Public Transportation
Chapter 5 - Telephone Service
Article 4 - Telecommunications and Competition Development
§ 46-5-162. Definitions

Universal Citation: GA Code § 46-5-162 (2020)

As used in this article, the term:

  1. "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.
  2. "Basic local exchange services" or "universal access local exchange services" mean the provision to residential and single line business customers in Georgia of services composed of a touch tone switched access line and dial tone, of a quality sufficient for two way voice and 9600 baud data/fax communications. This service shall include 1+ dialing for access to competitive providers of telecommunications services by January 1, 1997. The elements of universal access local exchange services are subject to subsequent review and modification by the commission.
  3. "Caller identification service" means a type of telephone service which permits telephone customers to see the telephone number of incoming telephone calls.
  4. "Commission" means the Georgia Public Service Commission.
  5. "Electing company" means a local exchange company subject to the alternative regulation described in this article.
  6. "Fund" means the Universal Access Fund created in Code Section 46-5-167.
  7. "Gross domestic product-price index" or "GDP-PI" means the gross domestic product fixed weight price index calculated by the United States Department of Commerce.
  8. "Interconnection service" means the service of providing access to a local exchange company's facilities for the purpose of enabling another telecommunications company to originate or terminate telecommunications service.
  9. "Local calling area" means the geographic area encompassing one or more local exchanges as described in commission orders or in maps, tariffs, and rate schedules reviewed and approved by the commission.
  10. "Local exchange company" means a telecommunications company authorized to provide local exchange service as described in this article. For purposes of this article, there shall be two categories of local exchange companies:
    1. Tier 1 companies are those companies with 2 million or more access lines within Georgia holding a certificate of public convenience and necessity issued by the commission; and
    2. Tier 2 companies are those companies with less than 2 million access lines within Georgia holding a certificate of public convenience and necessity issued by the commission.
  11. "Local exchange services" means services offered for the transmission and utilization of two-way interactive communications and associated usage with the local calling area.
  12. "Local interconnection services" means that part of switched interconnection service provided for the purpose of originating or terminating a call which originates and terminates within the local calling area.
  13. "Portability" means the technical capability that permits a customer to retain the same local number at the same customer location regardless of the provider of the local exchange service.
  14. "Switched access" means that part of switched interconnection service provided for the purpose of originating or terminating a toll service.
  15. "Switched interconnection service" means that part of interconnection service which utilizes the local exchange company's switching facilities to provide line or trunkside access or both to the local exchange company's end office or tandem switches for the purpose of originating and terminating the telecommunications services of other telecommunications companies.
  16. "Tariff" means the schedule or other writing filed with the commission that describes the rates, terms, and conditions of certain telecommunications services provided by the telecommunications company.
  17. "Telecommunications company" means any person, firm, partnership, corporation, association, or municipal, county, or local governmental entity offering telecommunications services to the public for hire.
  18. "Telecommunications services" means the services for the transmission of two-way interactive communications to the public for hire. For purposes of illustration, the term "telecommunications services" includes without limitation local exchange services and interconnection services.
  19. "Toll service" means the transmission of two-way interactive switched communications between local calling areas.
  20. "Universal access provider" means a local exchange company that is obligated to provide basic local exchange service in all of its local calling areas in response to reasonable requests for such service and which, in consideration of such obligation, may have its rates for local switched interconnection service established as provided in this article.

(Code 1981, §46-5-162, enacted by Ga. L. 1995, p. 886, § 2.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1995, "2" was substituted for "two" in subparagraphs (10)(A) and (10)(B).


Cited in Georgia PSC v. ALLTEL Ga. Communs. Corp., 244 Ga. App. 645, 536 S.E.2d 542 (2000).

Universal support payments as taxable income.

- Because defendant local telephone company taxpayer's "universal service support" payment calculations for purposes of O.C.G.A. §§ 46-5-161,46-5-162(10)(B), and46-5-166(f)(2) were considered revenue and a revenue requirement of 11.25 percent, which factored into expenses, taxes, and return, the payments were not contribution to capital excluded from income under I.R.C. § 118, and plaintiff United States was entitled to summary judgment. United States v. Coastal Utils., Inc., 483 F. Supp. 2d 1232 (S.D. Ga. 2007), aff'd, 514 F.3d 1184 (11th Cir. 2008).

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