Alltel Georgia Communications v. Georgia Public Service Commission
Alltel Georgia Communications v. Georgia Public Service Commission
Opinion of the Court
We granted certiorari in this case to consider the scope of the Public Service Commission’s authority to regulate a company that has given notice of its election of “alternative regulation” under the Georgia Telecommunications and Competition Development Act, OCGA § 46-5-160. The court of appeals held that the PSC could review rates until the effective date of alternative regulation, 30 days following the notice of election. Because this construction of when the rate lock-in occurs is most consistent with the legislative intent and avoids rendering a portion of the statute meaningless, we affirm.
In 1995, the Georgia legislature enacted the Georgia Telecommunications and Competition Development Act,
Under alternative regulation, a company’s rates are deemed “just and reasonable” and not subject to traditional PSC regulatory authority.
In reviewing various parts of the statute in isolation, it is unclear whether the rate lock-in occurs on the date the company specifies as the effective date of alternative regulation under OCGA § 46-5-165 (c) or on the date the company files its notice of election. However, if we view the statute as a whole to construe all parts of a statute together “to make all its parts harmonize,”
The PSC’s construction is also supported by the principle that a court must “give a sensible and intelligent effect to each part [of a statute]. It is not presumed that the legislature intended that any part would be without meaning.”
Furthermore, a court must identify the legislative intent and construe the statute consistently with that intent. The legislature clearly specified that one purpose underlying the Act was to “[p]rotect the consumer during the transition to a competitive telecommunications market.”
Finally, ALLTEL’s construction of the statute permits absurd results. It would allow a company to moot a pending rate case by filing a notice of election. Or a company could lock-in rates and avoid any regulation, traditional or alternative, by setting an effective date a year or more past the filing of the notice.
For all these reasons, we conclude that the court of appeals was correct in its construction of OCGA § 46-5-165 (c) and (d).
Judgment affirmed.
Georgia Public Service Commission v. ALLTEL Georgia Communications Corp., 227 Ga. App. 382 (489 SE2d 350) (1997).
See OCGA § 46-5-162 (10) (B).
OCGA § 46-5-160 et seq.
OCGA § 46-5-161 (a) (1).
OCGA § 46-5-161 (a) (2, 3) and (b) (1, 5).
OCGA § 46-5-165 (d).
OCGA § 46-5-165 (c).
Houston v. Lowes of Savannah, Inc., 235 Ga. 201, 203 (219 SE2d 115) (1975).
See OCGA § 46-2-25 (1972) (If the PSC failed to object to filed rates within. 30 days, the rates become effective).
OCGA § 46-5-161 (b) (2).
Dissenting Opinion
dissenting.
The majority holds that a telephone company’s intrastate access rates are “locked-in,” i.e., deemed just and reasonable and no longer subject to traditional Commission regulatory authority, on the date alternative regulation takes effect. Because OCGA § 46-5-165 (d) specifically provides that all existing rates, terms, and conditions for services provided by a company electing alternative regulation are deemed just and reasonable on the date a company elects alternative regulation, I respectfully dissent.
In 1995 the Georgia legislature passed the Georgia Telecommunications and Competition Development Act (the “Act”), OCGA § 46-5-160 et seq., in order to create market-based competition for local exchange telephone companies. This legislative goal is accomplished in part by authorizing competition for local exchange services and permitting existing local telephone companies to elect market-based alternative forms of regulation. OCGA § 46-5-161 (a) (2, 3) and (b) (1, 5). To elect alternative regulation, the Act requires a local telephone company to file a notice of election of alternative regulation with the Commission. OCGA § 46-5-165 (b). The Act further provides:
On the date a telecommunications company elects the alternative regulation described in this article, all existing rates, terms, and conditions for the services provided by the electing company contained in the then existing tariffs and contracts are deemed just and reasonable.
Id. at (d).
When construing a statute a court must first look to the literal
Despite the clear language of § 46-5-165 (d), the majority holds that a company’s rates are deemed just and reasonable on the date alternative regulation becomes effective, thereby violating basic rules of statutory construction precluding courts from placing a different construction upon the terms of an unambiguous statute. See Diefenderfer, supra. The majority refuses to interpret § 46-5-165 (d) consistent with its plain language, finding such an interpretation would “eviscerate the PSC’s traditional role” and would be inconsistent with the Act’s goal of protecting the consumer during the transition to a competitive telecommunications market. Majority opinion at 107. This analysis fails to recognize that it was the primary intent of the legislature, through passage of the Act, to move away from the Commission’s traditional regulatory authority and to rely instead on market forces to establish efficient pricing. See OCGA § 46-5-161 (a) (1). Moreover, interpreting § 46-5-165 (d) to deem a company’s rates just and reasonable on the date it elects alternative regulation does not thwart the legislative purpose of protecting consumers during the transition to a competitive market and does not leave consumers without protection or the Commission without authority to review and adjust intrastate access rates. The legislature has not entirely deregulated local exchange services by passing the Act, but has instead created a new regulatory model for telecommunication services based on its determination that market-based regulation is in the public interest. OCGA § 46-5-161 (a) (1).
In addition to the protections afforded consumers through market-based competition, the legislature provided other protections within the Act, including the continuing but more limited authority of the Commission to regulate the intrastate switched access rates of companies electing alternative regulation. OCGA § 46-5-166 (f) (2). Under alternative regulation, the Commission is still charged with the responsibility of protecting consumers by insuring that rates are fair and nondiscriminatory, OCGA § 46-5-166 (e); requiring compliance with the rate adjustment provisions of the Act, OCGA § 46-5-168 (6); and preventing companies from engaging in any anticompetitive act, including price squeezing, price discrimination, predatory pricing, or tying arrangements. OCGA § 46-5-169 (4).
Although, like the majority, I have concerns regarding ALLTEL’s retention of overearnings authorized by the Regulatory Plan, I believe the majority errs in refusing to follow the plain language of § 46-5-165 (d). I would hold that it is the date a local telephone company elects alternative regulation, not the date alternative regulation becomes effective, that controls in determining when the Commission loses traditional regulatory authority over a company’s rates. Applying this interpretation, I would find the Commission was without authority to regulate ALLTEL’s rates under its traditional regulatory scheme after ALLTEL filed its notice of election of alternative regulation on June 14, 1996.
I am authorized to state that Justice Sears and Justice Thompson join in this dissent.
Reference
- Full Case Name
- ALLTEL GEORGIA COMMUNICATIONS Et Al. v. GEORGIA PUBLIC SERVICE COMMISSION
- Cited By
- 14 cases
- Status
- Published