§ 50-40-41. Requirements for Local Ordinances for Reviewing Applications and Issuing Permits; Development of Model Ordinances; Monitoring Compliance

1. A political subdivision shall not be certified as a broadband ready community unless such political subdivision enacts an ordinance for reviewing applications and issuing permits related to broadband network projects that provides for all of the following:
   1. Appointing a single point of contact for all matters related to a broadband network project;
   2. Requiring such political subdivision to determine whether an application is complete and notifying the applicant about such determination in writing within a certain time period after receiving such application; provided, however, that any delay in the processing of an application that is outside the control of such political subdivision and that is directly caused by or attributable to a natural disaster, a state of emergency, a mandated federal review or approval, the receipt of multiple applications by the same or different applicants within a relatively short period of time, another political subdivision’s review or approval, or through fault of the applicant shall not count toward the days allotted within such time period;
   3. If the political subdivision receives an application that is incomplete, requiring the written notification provided for under paragraph (2) of this subsection to specify in detail the required information that is incomplete;
   4. If such political subdivision does not make the written notification required under paragraph (2) of this subsection, requiring such political subdivision to consider an application to be complete;
   5. Within a certain time period after receiving an application that is complete, requiring such political subdivision to approve or deny such application and provide the applicant notification in writing of such approval or denial;
   6. That any fee imposed by such political subdivision to review an application, issue a permit, or perform any other activity related to a broadband network project shall be reasonable, cost based, and nondiscriminatory to all applicants; and
   7. Any other information or specifications as may be required by the department by rules and regulations related to ensuring ready access to the public rights of way and infrastructure.
2. The department, with input from broadband services providers and local governments, shall develop a model ordinance for the review of applications and the issuance of permits related to broadband network projects that complies with subsection (a) of this Code section that may be enacted by a political subdivision.
3. If a political subdivision enacts an ordinance that differs from the model ordinance developed by the department, the political subdivision shall, when applying for certification under Code Section 50-40-40, provide the department with a written statement that describes the ordinance enacted by such political subdivision and how such ordinance differs from the model ordinance.
4. After certification of a political subdivision as a broadband ready community, the department shall continue to monitor such political subdivision’s compliance with the broadband ready community eligibility requirements provided in subsection (a) of this Code section to ensure that the ordinance is still in effect and that such political subdivision’s actions are in conformance with such ordinance.

History. Code 1981, § 50-40-41 , 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 50-40-40” was substituted for “Code Section 50-39-40” in the middle of subsection (c).