The Administrative Law Judge, having been fully advised in the premises, now enters the following Report, containing proposed findings of fact, conclusions of law, and the Order based thereon. Complainant is a commercial customer of Respondent, a telephone corporation certificated by this Commission. Complainant alleges the Respondent delayed unduly in providing him DSL service and in porting a telephone number from one of Respondent's competing local exchange carriers.
Complainant seeks damages by way of relief.
In its answer, Respondent represents that it is working diligently to complete the number port and will complete it as soon as possible. It has credited Complainant's account for one month's service. That statute entitles a customer to reparations, i.e. , refund of overcharges, only upon a showing of charges beyond Respondent's published tariff, or a discriminatory application of the tariff. The facts alleged by Complainant do not indicate such overcharge or discrimination. The Commission may exercise only the powers explicitly granted by the Legislature, or fairly inferable from the express grant.