Mirroring SB 2, this legislation authorizes Georgia's Electric Membership Corporations (EMCs) to provide broadband services, either directly or indirectly through a contractual arrangement or through an affiliate.  EMCs are prohibited from cross-subsidizing broadband services through funds from their electric or gas accounts, and an annual audit will be conducted to ensure this prohibition.  Furthermore, EMC members in good standing can sue (in the superior court of the county where the EMC is headquartered) to also ensure no cross-subsidization. EMCs will not be able to disconnect, or threaten to disconnect, a customer from their electric or gas services for failure to pay their broadband bill.  EMCs will be eligible to apply for federal or state loans and grants to provide broadband service.  This proposal is part of the House Rural Development Council's recommendations to facilitate broadband deployment to rural areas of the state.  

Mirroring SB 66, this is the compromise Small Cell (5G) legislation.  By way of background, over the past two years, ACCG has opposed legislation which would have greatly preempted local government of the public's rights of way for the placement of small cell (5G) poles, antennas and equipment.  At the urging of the General Assembly, ACCG, GMA, Verizon and AT&T negotiated this reasonable compromise over the 2018 interim that has incorporated many safeguards which ACCG had called for in previous legislation.  

Key points of this ACCG compromise include: incentives for collocation in order to limit new poles; protections for historic districts and residential areas; the requirement that telcoms share build-out plans prior to deploying new facilities; a safe-harbor in case the current FCC order preempting state and local regulation of 5G deployment is overturned; the prohibition of speculative permit requests by third parties; and safeguards for local aesthetic and decorative pole conditions, among many others.  For a summary of the bill's key provisions, please click here. 

For a detailed, section-by-section summary of the bill, please click here.  

This legislation alters the process by which Georgia’s Electric Membership Corporations (EMCs) determine the fees charged to communications service providers which place telecommunications equipment on EMC utility poles.  The fee/rate will be determined by the Georgia Public Service Commission (PSC) after the PSC considers what is just, reasonable, nondiscriminatory and commercially reasonable.  The PSC will promulgate, by January 1, 2021, the rules explaining how the above factors will be determined.  Current PSC charges will remain in effect until the date of their natural or lawful determination.