Rule 672-11-.01 - Purposes of Chapter(1) O.C.G.A. § 32-6-174 grants the Department authority to promulgate reasonable regulations governing the installation, construction, maintenance, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers, tracks, traffic and other such signals, and other equipment and appliances of any utility in, on, along, over, or under any part of the state highway system or any public road project which the Department has undertaken or agreed to undertake or which has been completed by the Department pursuant to its authority.(2) In managing the Public Rights-of-Way obtained pursuant to the Department's authority, the Department requires Permits and accompanying fees for the installation of any private or public Utility within the Public Rights-of-Way.(3) For Communications Utilities, pursuant to 47 U.S.C. § 253, states may require reasonable compensation from providers of telecommunications services for use of Public Rights-of-Way. The Permit fees that are set forth in this Chapter shall be specifically designated to cover the Department's actual incurred costs of administering the Permit program, which includes costs associated with the approval and administration of Permits, the inspection of work on the Public Rights-of-Way, and the continued occupancy by the permitted Utility on the Public Rights-of-Way. The Permit fees shall not result in the recovery of more than those actual incurred costs by the Department. The Department shall perform or cause to be performed an audit of this Chapter and the Permit fees set forth in Section 672-11-.04 at a minimum every five (5) years in order to ensure that Permit fees remain based on actual incurred costs. Based upon the result of this audit, the Department may amend this Chapter in accordance with the Georgia Administrative Procedure Act.Ga. Comp. R. & Regs. R. 672-11-.01
O.C.G.A. §§ 32-6-174, 50-13-4, 32-2-2.
Original Rule entitled "Definitions" was filed as Emergency Rule 672-11-0.23-.01 on March 25, 1985; effective March 21, 1985, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule superseding this Emergency Rule, as specified by the Agency. This Emergency Rule expired July 19, 1985.Amended: A permanent Rule of the same title adopted. Filed July 1, 1985; effective July 21, 1985.Amended: New title "Purposes of Chapter." F. Aug. 24, 2021; eff. Sept. 13, 2021.