---
title: O.C.G.A. § 50-40-42. Decertification by department.
collection: code
id: 50-40-42
cite_as: O.C.G.A. § 50-40-42 (2025)
canonical_url: https://georgiacommons.org/code/50-40-42
md_url: https://georgiacommons.org/code/50-40-42.md
text_url: https://georgiacommons.org/code/50-40-42/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=842
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/50-40-41.md
next: https://georgiacommons.org/code/50-40-43.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. § 50-40-42. Decertification by department.

A political subdivision that the department has certified as a broadband ready community under Code Section 50-40-41 may be decertified by the department if it:

(1) Imposes an unreasonable or noncost based fee to review an application or issue a permit for a broadband network project. Any application fee that exceeds $100.00 shall be considered unreasonable unless such political subdivision can provide documentation justifying such fee based on a specific cost;

(2) Imposes a moratorium of any kind on the approval of applications or issuance of permits for broadband network projects or on construction related to broadband network projects;

(3) Discriminates among broadband services providers with respect to any action described in this article or otherwise related to a broadband network project, including granting access to public rights of way, infrastructure and poles, river and bridge crossings, or any other physical assets owned or controlled by such political subdivision; or

(4) As a condition for approving an application or issuing a permit for a broadband network project, requires the applicant to:

(A) Provide any service or make available any part of the broadband network project to such political subdivision; or

(B) Except for reasonable and cost based fees allowed, make any payment to or on behalf of such political subdivision.

## History

Code 1981, § 50-40-42, 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’’ in the introductory paragraph.