§ 36-66C-18. Limitations
Except to the extent authorized by current or future federal law, nothing in this chapter shall authorize this state or any political subdivision thereof, including, but not limited to, an authority, to require small wireless facility deployment or to regulate wireless services. History. Code 1981, § 36-66C-18 , enacted by Ga. L. 2019, p. 236, […]
§ 36-66C-19. Conflicting Provisions
In the event of any conflict between the provisions of this chapter and the provisions of Chapter 66B of this title, this chapter shall control as to the collocation of small wireless facilities and the construction, installation, maintenance, modification, operation, and replacement of poles or support structures by wireless providers in the right of way. […]
§ 36-66C-20. Wireline Backhaul Facilities Not Addressed; No Communication Services Authorized; Utilization of Rights of Ways
The construction, installation, maintenance, modification, operation, and replacement of wireline backhaul facilities in the right of way are not addressed by this chapter, and any such activity shall comply with Code Section 46-5-1, Chapter 76 of this title, and other applicable law. The approval of the installation, placement, maintenance, or operation of a small wireless […]
§ 36-66C-21. No Relief of Duties
Nothing in this chapter relieves any person of any duties set forth in Chapter 9 of Title 25. History. Code 1981, § 36-66C-21 , enacted by Ga. L. 2019, p. 236, § 1/SB 66. Editor’s notes. For information as to the effective date of this Code section, see the effective date note at the beginning […]
§ 36-66C-15. Indemnification and Liability
An authority shall not require a wireless provider to indemnify and hold the authority and its officers and employees harmless against any claims, lawsuits, judgments, costs, liens, losses, expenses, or fees arising from the wireless provider’s activities in the public right of way under this chapter, except when a court of competent jurisdiction has found […]
§ 36-66C-16. Extra Services
Absent an agreement to the contrary that is made public and that is available for adoption upon the same terms and conditions to any requesting wireless provider, an authority shall not require an applicant to perform services unrelated to the collocation for which approval is sought, such as in-kind contributions to the authority, including reserving […]
§ 36-66C-1. Short Title
This chapter shall be known and may be cited as the “Streamlining Wireless Facilities and Antennas Act.” History. Code 1981, § 36-66C-1 , enacted by Ga. L. 2019, p. 236, § 1/SB 66. Editor’s notes. For information as to the effective date of this Code section, see the effective date note at the beginning of […]
§ 36-66C-17. Application if Prior Agreement in Place
If an authority and a wireless provider entered into an agreement addressing the subject matter of this chapter prior to October 1, 2019: This chapter shall not apply until such agreement expires or is terminated pursuant to its terms with regard to poles, decorative poles, support structures, replacement poles, and small wireless facilities installed pursuant […]
§ 36-66C-2. Definitions
As used in this chapter, the term: “Administrative review” means review by an authority, including authority staff, of an application to determine whether the issuance of a permit is in conformity with the applicable provisions of this chapter. “Antenna” means: Communications equipment that transmits, receives, or transmits and receives electromagnetic radio frequency signals used in […]
§ 36-66C-3. Informing Authority on Deployment of Small Wireless Facilities and Poles; Confidentiality and Proprietary Nature of Information
An applicant that has not previously held a meeting with a Class I Authority that complies with this Code section shall meet with the Class I Authority at least 30 days before submitting applications under Code Section 36-66C-6 to inform such authority in good faith when such applicant expects to commence deployment of small wireless […]