Compilation of Rules and Regulations of the State of Georgia
Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS
Chapter 110-36 - Achieving Connectivity Everywhere (ACE)
Subject 110-36-1 - Achieving Connectivity Everywhere (ACE)
Rule 110-36-1-.04 - Broadband Ready Community Decertification
Universal Citation: GA Rules and Regs r 110-36-1-.04
Current through Rules and Regulations filed through March 20, 2024
(1) Designated Broadband Ready Communities may be decertified by the Department if:
(a)
The community imposes an unreasonable or non-cost based fee to review an
application or issue a permit for a broadband network project. An application
fee in excess of $100.00 shall be considered unreasonable unless such political
subdivision can provide documentation justifying such fee based on a specific
cost. The Department shall be final arbiter in determining the reasonableness
of cost for the purposes of decertification;
(b) The community 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;
(c) The community
discriminates among broadband service providers with respect to any action
described in O.C.G.A. §
50-40-42 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
asset owned or controlled by such political subdivision; or
(d) As a condition for approving an
application or issuing a permit for a broadband network project, requires the
applicant to:
(i) Provide any service or make
available any part of the broadband network project to such political
subdivision; or
(ii) Except for
reasonable and cost based fees allowed, make any payment to or on behalf of
such subdivision.
(e) A
broadband services provider requests that the Department decertify a political
subdivision for failure to act in accordance with the ordinance required for
certification under O.C.G.A. §
50-40-41, modifies such ordinance
so that such ordinance no longer complies with subsection (a) of O.C.G.A. §
50-40-41, or violates any
provision of O.C.G.A. §
50-40-42. Such request may be made
at any time.
(f) A broadband
services provider alleges that an application fee under an ordinance for
certification under O.C.G.A. §
50-40-41is unreasonable, the
Department shall determine whether or not the fee charged by the political
subdivision is reasonable.
(g) 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.
(h)
Upon receipt of any request for decertification, the following steps shall
apply:
(i) After obtaining necessary
information to evaluate claims that application fees are unreasonable, the
Department shall conduct said proceeding within 60 days of the claim being
filed with the Department. The Department shall investigate the validity of the
complaint, require documentation from the broadband services provider and the
political subdivision, as well as make a determination as to whether the
political subdivision has failed to comply with the ordinance. The Department
shall be the final arbiter for this determination.
(ii) Upon receipt of a complaint from a
broadband services provider, the Department shall have 60 days to render a
judgment through a proceeding for such purpose.
(iii) Decertified political subdivisions
shall immediately cease using all forms of marketing and/or promotion, whether
digitally, in print, or otherwise, upon receipt of decertification notice by
the Department.
(iv) Decertified
political subdivisions shall not be eligible to apply for reinstatement for
twelve months following the decertification action.
O.C.G.A. §§ 50-40-42, 50-40-43.
Disclaimer: These regulations may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
