Ga. Comp. R. & Regs. R. 110-36-1-.03 - Broadband Ready Community Certification

(1) Eligible applicants must apply for the Broadband Ready Community certification in a format and matter prescribed by the Department. The Department shall promulgate the process and forms required and make such forms available on its website no later than February 1, 2019.

(2) Eligible applicants may apply at any time after the Department has made requisite forms available.

(a) Eligible applicants include counties and municipal governments.

(i) Counties may apply for designation for unincorporated areas.

(ii) Municipalities may apply for designation within their corporate limits.

(iii) Counties and municipalities may apply jointly if all jurisdictions adopt the model ordinance with identical verbiage, including, but not limited to, one single point of contact for all jurisdictions, identical fee schedules, an identical approval/denial and notification timeline, and any other element required within the adopted ordinance. Failure of any jurisdiction to follow the adopted ordinance will jeopardize the Broadband Ready Community Certification for all jurisdictions jointly designated with the offending local government.

(3) In order to be eligible to apply for and receive certification as a Broadband Ready Community, eligible designees must submit the following to the Department:

(a) An official application form promulgated by the Department;

(b) Verification that the eligible designee's comprehensive plan has included approved language regarding the promotion of the deployment of broadband services;

(c) A copy of a locally-adopted ordinance, or model ordinance developed by the Department, which satisfies program requirements and, at a minimum, contains:

(i) A designated single point of contact for all matters related to a broadband network project;

(ii) A defined process which will be used by such political subdivision to determine whether an application is complete and notifying the applicant about such determination in writing within a certain time period after receiving such application; provided, however, that any delay in the processing of an application that is outside the control of such political subdivision and that is directly caused by or attributable to a natural disaster, a state of emergency, a mandated federal review or approval, the receipt of multiple applications by the same or different applicants within a relatively short period of time, another political subdivision's review or approval, or through fault of the applicant shall not count toward the days allotted within such time period;

(iii) A process for political subdivisions who receive incomplete applications, requiring the written notification provided for above to specify in detail the required information that is incomplete;

(iv) Certification that if such political subdivision does not make the written notification required above, requiring such political subdivision to consider an application to be complete;

(v) Delineation of the time period following receipt of an application that is complete by which the political subdivision must approve or deny such application and provide the applicant notification of such approval or denial;

(vi) Certification that any fee imposed by such political subdivision to review an application, issue a permit, or perform any other activity related to a broadband network project is reasonable, cost-based, and nondiscriminatory to all applicants; and

(vii) Any other information or specifications as may be required by the Department.

(4) If a political subdivision enacts an ordinance that differs from the model ordinance developed by the Department, the political subdivision shall, when applying for certification under O.C.G.A. § 50-40-40, provide the department with a copy of its adopted ordinance and a written statement that describes the ordinance enacted by the political subdivision and how such ordinance differs from the Department's model ordinance.

(5) Applications shall be reviewed and, when appropriate, designations shall be made within 30 days of receipt of the completed application.

(a) For applicants who have not adopted the model ordinance, designations shall be made within 60 days of receipt of a completed application, ensuring the required 30-day public notice process is followed.

(6) Certifications shall be granted for the period from approval through December 31 for each year in which certification is granted.

(7) Annual recertification documents, on forms promulgated by the Department, must be transmitted to the Department by November 15, 2019 and annually thereafter.

(a) Designated Broadband Ready Communities who fail to meet this deadline will have a grace period and be notified by the Department. Such communities will then have until January 15 to submit appropriate documentation to the Department.

(b) Failure to submit the information by January 15 will result in the community's Broadband Ready Community certification being revoked for that year. If the information for a joint certification is not received by the date for revocation, all jurisdictions shall lose certification for that year.

Notes

Ga. Comp. R. & Regs. R. 110-36-1-.03

O.C.G.A. §§ 50-40-40, 50-40-41.

Original Rule entitled "Broadband Ready Community Certification" adopted. F. Dec. 14, 2018; eff. Jan. 3, 2019.