---
title: O.C.G.A. § 50-40-40. Certification as broadband ready community; requirements for certification.
collection: code
id: 50-40-40
cite_as: O.C.G.A. § 50-40-40 (2025)
canonical_url: https://georgiacommons.org/code/50-40-40
md_url: https://georgiacommons.org/code/50-40-40.md
text_url: https://georgiacommons.org/code/50-40-40/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=840
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.
up: https://georgiacommons.org/code/50-40.md
previous: https://georgiacommons.org/code/50-40-22.md
next: https://georgiacommons.org/code/50-40-41.md
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 / BROADBAND COMMUNITIES
---

# O.C.G.A. § 50-40-40. Certification as broadband ready community; requirements for certification.

(a) A political subdivision that has a comprehensive plan that includes the promotion of the deployment of broadband services, as required pursuant to Code Sections 36-70-6 and 50-8-7.1, may apply to the Department of Community Affairs for certification as a broadband ready community. The department shall by rules and regulations prescribe the form and manner for making an application. The department shall prescribe by rules and regulations a process for public notice and comment on an application for a period of at least 30 days after such application is received, except that such process shall not apply to an application by a political subdivision that enacts a model ordinance developed by the department under Code Section 50-40-41.

(b) The department shall approve an application and certify a political subdivision as a broadband ready community if the department determines that such political subdivision has enacted an ordinance that complies with Code Section 50-40-41. If the process for public notice and comment applies to an application, the department shall, before approving such application, consider any public comments made regarding such application.

## History

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

## Code Commission Notes

Pursuant to Code Section 28-9-5, in 2018, ‘‘Code Section 50-40-41’’ was substituted for ‘‘Code Section 50-39-41’’ throughout the Code section.