O.C.G.A.

O.C.G.A. § 36-18-2 (2019)

Powers of governing authorities

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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The governing authority of each county in this state is authorized to limit the operation of cable television systems within its territorial limits, except as limited by Code Section 36-18-3, to operators licensed and franchised by the county; to grant, in its sole discretion, one or more franchise licenses for the operation of cable television systems within the territorial limits of that county, except as limited by Code Section 36-18-3; and to regulate by ordinance or resolution the operation of cable television systems licensed and franchised by that county. The governing authority of each such county, in connection with the grant of such franchises, is further authorized to charge franchise fees to cable television systems for the right to operate the systems within the unincorporated areas of the county and within any incorporated areas which are subject to the limitation contained in Code Section 36-18-3.

Cable television system franchise fees shall be negotiated between each county and each franchisee, in an amount not to exceed that amount authorized under applicable federal law and regulations.

History

Ga. L. 1981, p. 865, § 2.

Annotations

Cross references. - Taxation of special franchises, § 48-5-420 et seq.

Law reviews. - For article surveying

developments in Georgia local government law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 187 (1981).

JUDICIAL DECISIONS No authorization of municipalities. - O.C.G.A. § 36-18-2 confers authority only upon the governing authority of each county in the state, and there is no similar authorization of municipalities. Cable Holdings of Battlefield, Inc. v. Lookout

Cable Servs., Inc., 178 Ga. App. 456, 343 S.E.2d 737 (1986). Cited in Cable Holdings of Battlefield, Inc. v. Cooke, 764 F.2d 1466 (11th Cir. 1985).

RESEARCH REFERENCES Am. Jur. 2d. - 36 Am. Jur. 2d, Franchises from Public Entities, §§ 36, 37. C.J.S. - 37 C.J.S., Franchises, §§ 26, 27. ALR. - Validity and construction of municipal ordinances regulating commu-

nity antenna television service (CATV), 41 A.L.R.3d 384. Standing to contest award of, or acquisition of right to operate, cable TV certificate, license, or franchise in state court action, 78 A.L.R.3d 1255.

Notes of Decisions

Cited in 2 cases, 1985–1986 · leading case: Cable Holdings of Battlefield, Inc. v. Lookout Cable Servs., Inc., 343 S.E.2d 737 (Ga. Ct. App. 1986).

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Cable Holdings of Battlefield, Inc. v. Lookout Cable Servs., Inc., 343 S.E.2d 737 (Ga. Ct. App. 1986). · cites it 10× “A declaratory judgment was entered pursuant to the provision of OCGA § 9-11-54 (b) holding that the exclusivity features of the franchises granted to defendant Cable Holdings’ predecessor were ultra vires, void and unenforceable.”

Cable Holdings of Battlefield, Inc. v. Cooke, 764 F.2d 1466 (11th Cir. 1985). · cites it 4× “*1474 acted ultra vires in granting the "exclusive” franchises, (2) whether O.C.G.A. § 36-18-2 confers upon counties the power to grant "exclusive” CATV franchises, and (3) whether O.”

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