---
title: O.C.G.A. § 50-40-1. Definitions.
collection: code
id: 50-40-1
cite_as: O.C.G.A. § 50-40-1 (2025)
canonical_url: https://georgiacommons.org/code/50-40-1
md_url: https://georgiacommons.org/code/50-40-1.md
text_url: https://georgiacommons.org/code/50-40-1/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t50-ch13-40-(v38a)-2021-pdf.pdf?sfvrsn=1209d23f_0#page=835
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: STATE GOVERNMENT / PROMOTION AND DEPLOYMENT OF BROADBAND SERVICES / GENERAL PROVISIONS
---

# O.C.G.A. § 50-40-1. Definitions.

As used in this chapter, the term:

(1) ‘‘Broadband network project’’ means any deployment of broadband services.

(2) ‘‘Broadband services’’ means a wired or wireless terrestrial service that consists of the capability to transmit at a rate of not less than 25 megabits per second in the downstream direction and at least 3 megabits per second in the upstream direction to end users and in combination with such service provides:

(A) Access to the internet; or

(B) Computer processing, information storage, or protocol conversion.

(3) ‘‘Broadband services provider’’ means any provider of broadband services or a public utility or any other person or entity that builds or owns a broadband network project.

(4) ‘‘Development authority’’ shall have the same meaning as provided in Code Section 36-62A-20.

(5) ‘‘Eligible applicants’’ means any or all public bodies, designated by the Department of Community Affairs pursuant to paragraph (2) of subsection (b) of Code Section 50-40-81, as political subdivisions qualified to apply for funds under this article.

(6) ‘‘Local authority’’ shall have the same meaning as provided in Code Section 36-82-220.

(7) ‘‘Location’’ means any residence, dwelling, home, business, or building.

(8) ‘‘Political subdivision’’ means a county, municipal corporation, consolidated government, or local authority.

(9) ‘‘Qualified broadband provider’’ means an entity that is authorized to apply for or that obtains a certificate of authority issued pursuant to Code Section 46-5-163 that:

(A)(i) Has, directly or indirectly, been providing broadband services to at least 1,000 locations; and

(ii) Has been conducting business in the state for at least three years with a demonstrated financial, technical, and operational capability to operate a broadband services network; or

(B) Is able to demonstrate financial, technical, and operational capability to operate a broadband services network.

(10) ‘‘Served area’’ means a census block that is not designated by the Department of Community Affairs as an unserved area.

(11) ‘‘Unserved area’’ means a census block in which broadband services are not available to 20 percent or more of the locations as determined by the Department of Community Affairs pursuant to Article 2 of this chapter.

## History

Code 1981, § 50-40-1, enacted by Ga. L. 2018, p. 629, § 6-1/SB 402; Ga. L. 2021, p. 922, § 50/HB 497.

The 2021 amendment, effective May 10, 2021, part of an Act to revise, modernize, and correct the Code, substituted ‘‘internet’’ for ‘‘Internet’’ in subparagraph (2)(A).

## Code Commission Notes

Pursuant to Code Section 28-9-5, in 2018, ‘‘Code Section 50-40-81’’ was substituted for ‘‘Code Section 50-39-81’’ in paragraph (5).

## Law Reviews

For annual survey on local government law, see 70 Mercer L. Rev. 177 (2018).