Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-36 - Achieving Connectivity Everywhere (ACE) › Subject 110-36-1 - Achieving Connectivity Everywhere (ACE) › Rule 110-36-1-.04 - Broadband Ready Community Decertification

Current through Rules and Regulations filed through June 27, 2024
(1) Designated Broadband Ready Communities
				may be decertified by the Department if:
(a)
				The community imposes an unreasonable or non-cost based fee to review an
				application or issue a permit for a broadband network project. An application
				fee in excess of $100.00 shall be considered unreasonable unless such political
				subdivision can provide documentation justifying such fee based on a specific
				cost. The Department shall be final arbiter in determining the reasonableness
				of cost for the purposes of decertification;
(b) The community 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;
(c) The community
				discriminates among broadband service providers with respect to any action
				described in O.C.G.A. §
										50-40-42 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
				asset owned or controlled by such political subdivision; or
(d) As a condition for approving an
				application or issuing a permit for a broadband network project, requires the
				applicant to:
(i) Provide any service or make
				available any part of the broadband network project to such political
				subdivision; or
(ii) Except for
				reasonable and cost based fees allowed, make any payment to or on behalf of
				such subdivision.
(e) A
				broadband services provider requests that the Department decertify a political
				subdivision for failure to act in accordance with the ordinance required for
				certification under O.C.G.A. §
										50-40-41, modifies such ordinance
				so that such ordinance no longer complies with subsection (a) of O.C.G.A. §
										50-40-41, or violates any
				provision of O.C.G.A. §
										50-40-42. Such request may be made
				at any time.
(f) A broadband
				services provider alleges that an application fee under an ordinance for
				certification under O.C.G.A. §
										50-40-41 is unreasonable, the
				Department shall determine whether or not the fee charged by the political
				subdivision is reasonable.
(g) In
				the proceeding for making such determination, the political subdivision shall
				have the burden of proving the reasonableness of any action undertaken by such
				political subdivision as part of the application process and the reasonableness
				of the costs of such actions.
(h)
				Upon receipt of any request for decertification, the following steps shall
				apply:
(i) After obtaining necessary
				information to evaluate claims that application fees are unreasonable, the
				Department shall conduct said proceeding within 60 days of the claim being
				filed with the Department. The Department shall investigate the validity of the
				complaint, require documentation from the broadband services provider and the
				political subdivision, as well as make a determination as to whether the
				political subdivision has failed to comply with the ordinance. The Department
				shall be the final arbiter for this determination.
(ii) Upon receipt of a complaint from a
				broadband services provider, the Department shall have 60 days to render a
				judgment through a proceeding for such purpose.
(iii) Decertified political subdivisions
				shall immediately cease using all forms of marketing and/or promotion, whether
				digitally, in print, or otherwise, upon receipt of decertification notice by
				the Department.
(iv) Decertified
				political subdivisions shall not be eligible to apply for reinstatement for
				twelve months following the decertification action.