Ga. Comp. R. & Regs. 110-36-1-.05

Current through Rules and Regulations filed through October 29, 2024
Rule 110-36-1-.05 - Broadband Ready Community Site Designation
(1) In order to encourage economic development and attract technology enabled growth in Georgia, the Department of Community Affairs shall, with the Department of Economic Development, create and administer the 'Georgia Broadband Ready Community Site Designation Program.' Such program shall designate facilities and developments that have, at the time of application, broadband services or access to broadband services at the facility or development at a rate of not less than 1 gigabit per second in the downstream to end users that can be used for business, education, health care, government or other public purposes as a Georgia Broadband Ready Community Site. Access shall be defined as broadband services currently serving the facility/development or on a parcel immediately adjacent to the facility/development seeking designation.
(2) All applicants proposing facilities or sites be designated shall have been transmitted to the Georgia Department of Economic Development in advance of making application for designation and provide documentation of such notification within the application.
(3) The Department shall promulgate forms and procedures necessary to develop a designation and redesignation process.
(4) The Department shall, with appropriate stakeholders, collaborate to develop an application process that allows for the designation of Broadband Ready Community Site Programs. Such application shall require, at a minimum, a community point of contact, a facility/site point of contact, name and contact information for the broadband provider serving the facility/site, verification of the rate of broadband service at the facility/site.
(a) The rate of broadband availability for all facilities or sites for which designation is sought shall be calculated and verified at the facility or on the site seeking designation.
(5) It shall be incumbent upon the applicant to prove that the site or facility for which it seeks designation have available broadband services at a rate of not less than 1 gigabit per second in the downstream to end users.
(6) Application forms, instructions and deadlines shall be made available on the Department's website no later than March 1, 2019.
(7) Applications may be submitted at any time.
(8) The Department shall issue certification to facilities/sites provided the applicant demonstrates that the facility/site satisfactorily meets all program requirements.
(9) Designations shall be valid for a period of up to two calendar years. Deadlines for two-year redesignation are due to the Department no later than November 15 of the expiring year. A grace period will be provided; however, failure to provide required documentation for redesignation by January 15, immediately following the expiration of the designation, shall result in the community not retaining the designation of a Broadband Ready Community Site for that calendar year.

Ga. Comp. R. & Regs. R. 110-36-1-.05

O.C.G.A. §§ 50-40-61, 50-40-62.

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