Ga. Comp. R. & Regs. R. 672-11-.02 - Definitions

The following words when used in Chapter 672-11 shall have the following meanings:

(a) "Annual Permit Fee" means the yearly amount due for a Permit approved by Department on or after January 1, 2022 that is associated with the ongoing management of the Public Rights-of-Way obtained pursuant to the Department's authority and as calculated in accordance with this Chapter.

(b) "Application Fee" means a nonrefundable onetime fee for the review of a Permit application by the Department and as calculated in accordance with this Chapter. This fee is nonrefundable regardless of whether a Permit application is abandoned or not approved.

(c) "Communication Cable" means any fiber optic, copper, media, or other cable utilized by a Communications Utility for the purpose of providing a Communications Service.

(d) "Communications Service" includes, but is not limited to, a wireline or wireless Telecommunications Service, Information Service or Cable Service as those terms are defined in Sections 153 and 522 of the Communications Act of 1934, as amended, (47 U.S.C. §§ 153 and 602) and Broadband Internet Access Service as that term is defined in Section 8.1(b) of the rules and regulations of the FCC (47 C.F.R. § 8.1(b)).

(e) "Communications Utility" means a Utility that provides a Communications Service.

(f) "Department" or "GDOT" means the Georgia Department of Transportation.

(g) "EMC" means an electric membership cooperative which is a member-owned and not-for-profit Utility.

(h) "Existing Permit" means a Permit that has been approved by the Department prior to January 1, 2022.

(i) "FCC" means the United States Federal Communications Commission.

(j) "Non-Communications Utility" means a utility that is not a Communications Utility, including, but not limited to, an entity that provides electric, gas, water or other power services, without regard to whether such services are subject to regulation by the Georgia Public Service Commission or other regulatory department.

(k) "Permit" means the legal document by which the Department authorizes the use of and regulates the use and/or occupancy of the Public Rights-of-Way and as further defined in the UAM.

(l) "Public Rights-of-Way" means the state highway system and those local roads and streets that are a part of the Federal-aid system, but excluding the interstate highway systems.

(m) "UAM" means the Department's Utility Accommodation Policy and Standards Manual, current edition.

(n) "Utility" means a Communications Utility or a Non-Communications Utility.

(o) "Wireless Facility" means equipment at a fixed location that enables wireless communications between user equipment and a communications network and includes, but is not limited to, Small Wireless Facilities as that term is defined in Section 1.6002 of the rules and regulations of the FCC (47 C.F.R. § 1.6002).

Notes

Ga. Comp. R. & Regs. R. 672-11-.02

O.C.G.A. §§ 32-6-174, 50-13-4, 32-2-2.

Original Rule entitled "Long Distance and Trunk Communications Cables; Issuance of Permits" was filed as Emergency Rule 672-11-0-.23-.02 on March 25, 1985; effective March 21, 1985; the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency. This Emergency Rule expired July 19, 1985. Amended: A permanent Rule of the same title adopted. Filed July 1, 1985; effective July 21, 1985. Amended: New title "Definitions." F. Aug. 24, 2021; eff. Sept. 13, 2021.