§ 46-2-25.2 - Sixteen-mile toll-free telephone calling; modification of rate schedules; recovery of expenses or lost revenues by telephone companies; rate-making power of Public Service Commission n
               	 		
O.C.G.A.    46-2-25.2   (2010)
    46-2-25.2.    Sixteen-mile toll-free telephone calling; modification of  rate schedules; recovery of expenses or lost revenues by telephone  companies; rate-making power of Public Service Commission not affected 
      (a)  It  is the goal of this Code section to provide for toll-free calling  between two telephones where the central offices serving such telephones  are within 16 miles of each other.
(b)  Except  as provided in subsection (e) of this Code section, on and after July  1, 1992, the Public Service Commission shall not approve any new rate  schedule which authorizes a long-distance charge for calls between two  telephones where the central offices serving such telephones are within  16 miles of each other.
(c)  Except as  provided in subsection (e) of this Code section, on and after July 1,  1992, rate schedules approved by the Public Service Commission prior to  July 1, 1992, shall be amended so as to reduce by one-half the  long-distance charge for calls between two telephones where the central  offices serving such telephones are within 16 miles of each other.
(d)  On  or before July 1, 1993, the Public Service Commission shall conduct  hearings and accept evidence and upon consideration of such evidence  shall determine any further reductions in long-distance charges for  calls between two telephones where the central offices serving such  telephones are within 16 miles of each other.  Such determination shall  consider the availability of funds and other revenue sources to affected  companies to offset the costs associated with such further reductions.
(e)  All  rate schedules approved pursuant to this Code section may be modified  at the discretion of the Public Service Commission upon a good and  sufficient showing of geographic, economic, or technological  infeasibility by a telephone company.
(f)  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; and
      (2)  The  reasonable rate of return on investment authorized in the rate schedule  approved by the Public Service Commission for such telephone company.
(g)  Any  telephone company seeking to recover any portion of its expenses or  lost toll revenues resulting from the implementation of the 16 mile toll  free calling plan contained in this Code section shall demonstrate its  financial hardship to the Public Service Commission before such recovery  shall be allowed.  It shall be within the discretion of the Public  Service Commission to determine the methodology and source of recovery  for any such affected telephone company.  In determining the method of  offsetting the costs associated with the 16 mile plan, the Public  Service Commission shall first utilize any available earnings at the  telephone companies seeking assistance in excess of those authorized in  their respective tariffs.  Such methodology and source for offsetting  costs shall include but not be limited to recovery from the Universal  Service Fund as permitted under Code Section 50-5-200.
(h)  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  Public Service Commission generally and special provisions concerning  telecommunications companies.