TITLE 50 STATE GOVERNMENT

Section 40. Promotion and Deployment of Broadband Services, 50-40-1 through 50-40-84.

ARTICLE 1 GENERAL PROVISIONS

50-40-1. Definitions.

As used in this chapter, the term:

1. "Broadband network project" means any deployment of broadband services.
2. "Broadband services" means a wired or wireless terrestrial service that consists of the capability to transmit at a rate of not less than 25 megabits per second in the downstream direction and at least 3 megabits per second in the upstream direction to end users and in combination with such service provides:
   1. Access to the Internet; or
   2. Computer processing, information storage, or protocol conversion.
3. "Broadband services provider" means any provider of broadband services or a public utility or any other person or entity that builds or owns a broadband network project.
4. "Development authority" shall have the same meaning as provided in Code Section 36-62A-20.
5. "Eligible applicants" means any or all public bodies, designated by the Department of Community Affairs pursuant to paragraph (2) of subsection (b) of Code Section 50-40-81, as political subdivisions qualified to apply for funds under this article.
6. "Local authority" shall have the same meaning as provided in Code Section 36-82-220.
7. "Location" means any residence, dwelling, home, business, or building.
8. "Political subdivision" means a county, municipal corporation, consolidated government, or local authority.
9. "Qualified broadband provider" means an entity that is authorized to apply for or that obtains a certificate of authority issued pursuant to Code Section 46-5-163 that:
   1. 1. Has, directly or indirectly, been providing broadband services to at least 1,000 locations; and
      2. Has been conducting business in the state for at least three years with a demonstrated financial, technical, and operational capability to operate a broadband services network; or
   2. Is able to demonstrate financial, technical, and operational capability to operate a broadband services network.
10. "Served area" means a census block that is not designated by the Department of Community Affairs as an unserved area.
11. "Unserved area" means a census block in which broadband services are not available to 20 percent or more of the locations as determined by the Department of Community Affairs pursuant to Article 2 of this chapter.

(Code 1981, §50-40-1, enacted by Ga. L. 2018, p. 629, § 6-1/SB 402.)