Georgia § 50-40-42 Decertification by department

Georgia Statutes

§ 50-40-42 — Decertification by department

Georgia § 50-40-42

Title50

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Bluebook

O.C.G.A. § 50-40-42 (2026).

Text

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 pro

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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 (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.