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Current as of March 28, 2024 | Updated by FindLaw Staff
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.
Cite this article: FindLaw.com - Georgia Code Title 50. State Government § 50-40-42 - last updated March 28, 2024 | https://codes.findlaw.com/ga/title-50-state-government/ga-code-sect-50-40-42/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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