§ 50-40-42. Decertification by Department

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:
   1. Provide any service or make available any part of the broadband network project to such political subdivision; or
   2. Except for reasonable and cost based fees allowed, make any payment to or on behalf of such political subdivision.

History. Code 1981, § 50-40-42 , 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 the introductory paragraph.