TITLE 50
STATE GOVERNMENT
Section 40. Promotion and Deployment of Broadband Services, 50-40-1 through 50-40-84.
ARTICLE 3
BROADBAND COMMUNITIES
50-40-43. Request for decertification from broadband service provider; determination on reasonableness of fee.
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Upon the request of a broadband services provider, the department may decertify a political subdivision as a broadband ready community if such political subdivision fails to act in accordance with the ordinance required for certification under Code Section 50-40-41, modifies such ordinance so that such ordinance no longer complies with subsection (a) of Code Section 50-40-41, or violates any provision of Code Section 50-40-42.
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Upon a complaint that an application fee under an ordinance required for certification under Code Section 50-40-41 is unreasonable, the department shall determine whether or not such fee is reasonable. In the proceeding for making such determination, the political subdivision shall have the burden of proving the reasonableness of any action undertaken by such political subdivision as part of the application process and the reasonableness of the costs of such actions.
(Code 1981, §50-40-43, enacted by Ga. L. 2018, p. 629, § 6-1/SB 402.)
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 subsections (a) and (b), and "Code Section 50-40-42" was substituted for "50-39-42" at the end of subsection (a).
