O.C.G.A.

O.C.G.A. § 50-40-40 (2019)

Certification as broadband ready community; requirements for certification

✓ 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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(a) A political subdivision that has a comprehensive plan that includes the promotion of the deployment of broadband services, as required pursuant to Code Sections 36-70-6 and 50-8-7.1, may apply to the Department of Community Affairs for certification as a broadband ready community. The department shall by rules and regulations prescribe the form and manner for making an application. The department shall prescribe by rules and regulations a process for public notice and comment on an application for a period of at least 30 days after such application is received, except that such process shall not apply to an application by a political subdivision that enacts a model ordinance developed by the department under Code Section 50-40-41.

(b) The department shall approve an application and certify a political subdivision as a broadband ready community if the department determines that such political subdivision has enacted an ordinance that complies with Code Section 50-40-41. If the process for public notice and comment applies to an application, the department

PROMOTION/DEPLOYMENT OF BROADBAND SERV.

shall, before approving such application, consider any public comments made regarding such application.

History

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

Annotations

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2018, ‘‘Code

Section 50-40-41’’ was substituted for ‘‘Code Section 50-39-41’’ throughout the Code section.