Ga. Comp. R. & Regs. R. 672-11-.04 - Issuance of Permits, Permit Fees, and Alternative Procedure for Assessing Fees for Communication Utilities

(1) Issuance of Permits.

a. This Section 672-11-.04 applies only to Permits for use of the Public Rights-of-Way by Communications Utilities. The Department shall follow the same policies, procedures, and standards for approving Permits for the installation of Communication Utility facilities on Public Rights of Way as apply to Non-Communications Utilities as set out in the UAM, except that payment of Permit fees shall be required as set forth herein.

b. The fees set forth in this Chapter shall not apply to crossing Public Rights-of-Way when not in conjunction with a longitudinal access.

(2) Schedule of Permit Fees. The assessed rates for obtaining and retaining a Permit for a Communication Utility on or after January 1, 2022, shall be as follows:

a. Application Fee. Each Permit application shall include an Application Fee that will be assessed as follows, unless waived pursuant to subsection (d) of this Rule:

i. For a Communication Utility that is a mile or more in length, the Application Fee shall be $1,400.

ii. For a Communication Utility that is less than a mile in length, the Application Fee shall be $742.

iii. For a Wireless Facility, the Application Fee shall be $742.

b. Annual Permit Fee. An Annual Permit Fee will be assessed as follows, unless waived pursuant to subsection (d) of this Rule:

i. For a Communication Utility the Annual Permit Fee shall be $300.

ii. For a Wireless Facility, the Annual Permit Fee shall be $270.

iii. Where two or more Communication Utilities install Communication Cables simultaneously and in the same trench, the Annual Permit Fee shall be reduced by 25 percent for each Communication Utility.

iv. Where Communication Cables are installed on a pole line in joint use with another Communication Utility facility, the Annual Permit Fee shall be reduced by 25 percent for each permittee.

v. The Annual Permit Fee shall be assessed annually for the duration of time the facilities of the Communications Utility remain located on or in a Public Right-of Way, until said facilities are abandoned or until the facilities are decommissioned as evidenced by written notification to the Department. After a 60-day cure period, the Department may cancel or revoke a Permit upon written notice to the Communications Utility.

vi. The Annual Permit Fee for each Permit shall be assessed by the Department as an annual payment in accordance with this rule. The Department shall assess the Annual Permit Fee and send an invoice for each Permit on or about February 1st of each year to the Communications Utility. The Annual Permit Fee shall be paid by July 1st of each year.

vii. All Annual Permit Fees shall be paid within thirty (30) days of the due date. If an Annual Permit Fee is not paid within thirty (30) days of the due date, the subject Permit may be subject to revocation by the Department.

viii. Prior to revocation of any Permit for failure to timely pay the Annual Permit Fees or for any other reason, the Department shall send a final notice to the Communications Utility at least thirty (30) days before the revocation of the Permit shall become effective.

ix. If a permittee does not install all utilities approved in a Permit, it must inform the Department of the location of the actual installation one (1) year from the issuance of the Permit.

c. Existing Permits. For Existing Permits, the rates set forth in this subsection (2) shall be applicable on January 1, 2022. Permittees issued a Permit before January 1, 2022 and that have no outstanding invoices or payments associated with any issued permits may select to pay the rates set forth in this rule for Existing Permits.

d. Waivers of Annual Permit Fees.

i. Notwithstanding otherwise applicable requirements of 47 U.S.C. § 253, the Department may waive the Application Fee and/or the Annual Permit Fee where the sole purpose of a Permit is to provide Broadband Internet Access Service to public and private elementary and secondary schools or where the sole purpose of a Permit is to provide Broadband Internet Access Service to hospitals and other medical institutions including, but not limited to, emergency medical care centers. Any waiver under this subsection (d)(i) will remain in effect for as long as the use of the Permit remains the same.

ii. Notwithstanding otherwise applicable requirements of 47 U.S.C. § 253, the Department shall waive the Application Fee and/or the Annual Permit Fee for EMCs where the sole purpose of a Permit is to provide Broadband Internet Access Service. Any waiver under this subsection (d)(ii) will remain in effect for as long as the use of the Permit remains the same.

e. Municipal Authorities. To the extent any payment rate to a municipal authority by a telephone company is required by O.C.G.A. § 46-5-1(b)(18) to be determined in accordance with the rules and regulations of the Department, the fees set forth in subsection 672-11-.04(2) and the other provisions set forth in this rule shall not become effective for that purpose until July 1, 2022. Prior to July 1, 2022, the payment rate to a municipal authority by a telephone company shall continue to be based upon the formula set forth in the previously adopted rules and regulations of the Department, which are as follows:

Class	Location	Annual Fee
L	1. Along local roads in rural areas	$1,000/mile
2. Along State Highways in rural areas:
R1	a. Where ADT is less than 2,000	$1,000/mile
R2	b. Where ADT is 2,000 or more	$2,000/mile
U	3. Along roads and streets inside urban areas	$5,000/mile

(3) Alternative Procedure for Assessing Fees.

a. In lieu of the Permit Fees set forth in this Rule, a Communications Utility may enter into an agreement with the Department for payment of an annual lump sum amount that represents a reasonable approximation of the average cost to the Department associated with the administration of the Permits of the Communications Utility, the inspection of work on the Public Rights-of-Way, and the continued occupancy by the permitted Communications Utility on the Public Rights-of-Way to be negotiated on an individual basis. Such agreements will take into consideration the mileage and/or number of facilities in place by the Communications Utility, the amount of current and anticipated Permit work within the Public Rights-of-Way, and the estimated costs to the Department of the Communications Utility's operations. Such agreements shall provide for annual adjustments of the fee amount.

b. The Department and a Communications Utility may have previously entered into an agreement for payment of an annual lump sum amount prior to the adoption of this Chapter. Such agreements will remain in full force and effect if desired by the Communications Utility and the Department or may be renegotiated.

Notes

Ga. Comp. R. & Regs. R. 672-11-.04

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

Original Rule entitled "Alternate Procedure for Assessing Fees" was filed on February 4, 1986; effective February 24, 1986. Amended: New title "Issuance of Permits, Permit Fees, and Alternative Procedure for Assessing Fees for Communication Utilities." F. Aug. 24, 2021; eff. Sept. 13, 2021. Amended: F. Oct. 22, 2021; eff. Nov. 11, 2021.