§ 50-40-22. Petition Contesting Maps
An entity that is authorized to apply for or that obtains a certificate of authority pursuant to Code Section 45-5-163, a broadband services provider, or a political subdivision may file a petition with the Department of Community Affairs along with data specifying locations or census blocks which the petitioner alleges should be designated differently than […]
§ 50-40-40. Certification as Broadband Ready Community; Requirements for Certification
A political subdivision that has a comprehensive plan that includes the promotion of the deployment of broadband services, as required pursuant to Code Sections 36-70-6 and 50-8-7.1, may apply to the Department of Community Affairs for certification as a broadband ready community. The department shall by rules and regulations prescribe the form and manner for […]
§ 50-40-41. Requirements for Local Ordinances for Reviewing Applications and Issuing Permits; Development of Model Ordinances; Monitoring Compliance
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: Appointing a single point of contact for all matters related to a broadband network project; Requiring such political […]
§ 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: 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 […]
§ 50-40-43. Request for Decertification From Broadband Service Provider; Determination on Reasonableness of Fee
Upon the request of a broadband services provider, the department may decertify a political subdivision as a broadband ready community if such political subdivision fails to act in accordance with the ordinance required for certification under Code Section 50-40-41, modifies such ordinance so that such ordinance no longer complies with subsection (a) of Code Section […]
§ 50-39-50. “Lease Agreement” Defined; Operation; Execution; Provisions
For the purposes of this Code section, the term “lease agreement” shall mean and include a lease, operating lease rental agreement, usufruct, sale and lease back, or any other lease agreement having a term of not more than 50 years and concerning real, personal, or mixed property, any right, title, or interest therein by and […]
§ 50-40-44. Priority of Certain Projects
A broadband network project targeting industry development or construction of a new building for which a political subdivision that has been certified as a broadband ready community under Code Section 50-40-40 is seeking financing from the OneGeorgia Authority, as provided for in Chapter 34 of this title, shall be given priority by the OneGeorgia Authority. […]
§ 50-39-15. Power of Eminent Domain; Limitations
After the adoption by the authority of a resolution declaring that the acquisition of the real property described therein is necessary for the purposes of this chapter, the authority may exercise the power of eminent domain in the manner provided in Title 22; or it may exercise the power of eminent domain in the manner […]
§ 50-39-16. United States’ Constitutional Rights Not Limited
The authority shall have all rights afforded the state by virtue of the Constitution of the United States, and nothing in this chapter shall be construed to remove any such rights. History. Code 1981, § 50-39-16 , enacted by Ga. L. 2018, p. 377, § 2-1/HB 930.
§ 50-39-17. Limitation on Liability
Neither the members of the authority nor any officer or employee of the authority acting on behalf thereof, while acting within the scope of his or her authority, shall be subject to any liability resulting from: The construction, ownership, maintenance, or operation of any project financed with the assistance of the authority; The construction, ownership, […]