O.C.G.A.

O.C.G.A. § 50-40-42 (2019)

Decertification by department

✓ 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 political subdivision that the department has certified as a broadband ready community under Code Section 50-40-41 may be decertified by the department if it:

(1) Imposes an unreasonable or noncost based fee to review an application or issue a permit for a broadband network project. Any application fee that exceeds $100.00 shall be considered unreasonable unless such political subdivision can provide documentation justifying such fee based on a specific cost;

(2) Imposes a moratorium of any kind on the approval of applications or issuance of permits for broadband network projects or on construction related to broadband network projects;

(3) Discriminates among broadband services providers with respect to any action described in this article or otherwise related to a broadband network project, including granting access to public rights of way, infrastructure and poles, river and bridge crossings, or any other physical assets owned or controlled by such political subdivision; or

PROMOTION/DEPLOYMENT OF BROADBAND SERV.

(4) As a condition for approving an application or issuing a permit for a broadband network project, requires the applicant to:

(A) Provide any service or make available any part of the broadband network project to such political subdivision; or

(B) Except for reasonable and cost based fees allowed, make any payment to or on behalf of such political subdivision.

History

Code 1981, § 50-40-42, 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’’ in the introductory paragraph.