§ 36-90-1. Short Title
This chapter shall be known and may be cited as the “Local Government Cable Fair Competition Act of 1999.” History. Code 1981, § 36-90-1 , enacted by Ga. L. 1999, p. 1267, § 1.
§ 36-90-2. Definitions
As used in this chapter, the term: “Authorization” means the official act of a franchising authority to allow a public provider to deliver service. “Cable service” means: The one-way transmission to subscribers of (i) video programming or (ii) other programming service; and Subscriber interaction, if any, which is required for the selection or use of […]
§ 36-90-3. Notifications to Private Providers Before Authorizing Public Provider; Feasibility Analysis and Specific Findings Required; Components of Business Plan; Public Hearings; Requirements of Ordinance or Resolution
Before a franchising authority may begin the authorization process of permitting a public provider to deliver service, the franchising authority must notify each private provider serving the targeted market that the franchising authority intends to begin the process of authorizing a public provider to provide cable service. The notice must state that the private provider […]
§ 36-90-4. Accounting Methods Regarding the Cost of Providing Service; Cross-Subsidization Prohibited
On and after January 1, 2000, each public provider shall prepare and maintain records in accordance with generally accepted governmental accounting principles which record the full cost accounting of providing service. Such records shall show the amount and source of capital, including working capital, utilized in providing service. Nothing contained in this chapter shall preclude […]
§ 36-90-5. Franchise Agreements
In providing service, a public provider shall not employ terms more favorable or less burdensome than those imposed by the public provider upon any private provider providing the same service within its jurisdiction with respect to franchise terms and conditions, conditions of access to public property, and pole attachment. A franchising authority shall not impose […]
§ 36-90-6. Price or Rate Charges by Public Providers
On and after January 1, 2000, a public provider shall offer service at a price or rate to each subscriber which is either (1) equal to or greater than the price or rate for comparable service of competing private providers or (2) equal to or greater than the incremental direct and indirect costs of providing […]
§ 36-90-7. Open Meetings and Records
All meetings and records of public providers of a service shall be subject to the Georgia public records and public meetings laws contained, respectively, in Article 4 of Chapter 18 of Title 50 and Chapter 14 of Title 50. History. Code 1981, § 36-90-7 , enacted by Ga. L. 1999, p. 1267, § 1.
§ 36-90-8. Immunity of Local Governments From Antitrust Liability
The immunity from antitrust liability afforded to local governments by the provisions of Code Sections 36-65-1 and 36-65-2 shall not apply to public providers in the offering and providing of services as defined in this chapter; and public providers shall be subject to applicable antitrust liabilities, subject, however, to the provisions of the federal Local […]