Franchise Fees (7)

Date of Last Recorded Action: 5/10/2019

HB 0518 NeutralCity Franchise Fees on Telecommunications - Change Calculation Lee Hawkins
2/20/2018 House Committee Favorably Reported By Substitute Energy, Utilities and Telecommunications --
Business and Occupation Tax Econ. Dev. & Transportation Eminent Domain/Condemnation Franchise Fees General County Government
Preemption Revenue & Finance Roads Telecommunications Todd Edwards
This legislation reduces the rate which the Georgia DOT may charge for the installation of telephone and other communications facilities in its right to $100 per linear mile annually.  Furthermore, it caps the amount of franchise fees a city can charge telephone companies that do not have retail end user customers within its jurisdiction at $100 per linear mile.       
HB 0887 OpposeWireless Industry Preemption of Local Management of Public Right of Way Jay Powell
3/27/2018 Senate Passed/Adopted By Substitute Ways and Means Regulated Industries and Utilities -
2018/02/09 Report 2018/03/16 Report 2018/03/2 Report 2018/03/23 Report Broadband
Business and Occupation Tax Econ. Dev. & Transportation Economic Development Emergency Management/Preparedness Eminent Domain/Condemnation
Franchise Fees General County Government Larry Ramsey Public Safety and Courts Revenue & Finance
Roads Sales Tax-Local Todd Edwards

While this bill began, constructively, as a rural broadband bill, the Senate Regulated Industries Committee stripped and replaced it with the language of SB 426.  This wireless industry legislation guarantees authorization for wireless providers to construct and place poles (50' high), antennas (up to 6 cubic feet in volume and 10' higher than poles), equipment boxes (up to 25 cubic feet in volume), plus up to 4 cabinets (undefined size) and other infrastructure in county and city right of way (ROW).  Local government management of the above is all but entirely usurped; the grounds by which applications can be denied are few; denials are primed to result in litigation; and then locals are set up to lose.  

ACCG has attempted to work with the wireless providers, legislators and other stakeholders since last year to try to incorporate safeguards into the legislation.  While some of our recommendations were made, most of these "concessions" are so wrought with legal loopholes that their purported purpose has been nullified. 

For ACCG's concerns with (and suggestions for) this bill and SB 426, please click here.  

HB 1012 SupportTax Refund Claims - No Class Actions Don Hogan
3/1/2018 House Second Readers Ways and Means --
Franchise Fees Hotel Motel Tax Impact Fees Larry Ramsey Property Tax
Revenue & Finance Sales Tax-Local
This bill prohibits class action refund claims for local taxes or fees.
HR 1539 SupportStudy Committee on Technology and Taxation in the Public Right of Way Brett Harrell
3/19/2018 House Second Readers Transportation --
Broadband Econ. Dev. & Transportation Economic Development Eminent Domain/Condemnation Franchise Fees
General County Government Preemption Public Safety and Courts Revenue & Finance Roads
Telecommunications Todd Edwards Traffic Enforcement Utilities
This resolution, mirroring SR 1019, creates the House study committee on Advanced Communications Technologies and the Use of State and Local Government Right of Way.  The study committee (made up of five House members, one mayor, one county commissioner and three experts on communications deployment or taxation issues) will study state and local laws/regulations pertaining to the use public right of way to deploy advanced broadband, video and voice technologies; whether these advanced technologies are, or should be, treated differently than current technologies in terms of regulation, taxation and other matters; and whether state laws should be changed in this area.        
SB 0426 SupportBroadband - EMCs and Rural Telephone Cooperatives Authorized to Provide Steve Gooch
3/29/2018 House Passed/Adopted By Substitute Energy, Utilities and Telecommunications Regulated Industries and Utilities -
2018/02/16 Report 2018/02/23 Report 2018/03/16 Report 2018/03/2 Report 2018/03/23 Report
Broadband Code Enforcement Econ. Dev. & Transportation Economic Development Franchise Fees
General County Government Land Use/Zoning Preemption Revenue & Finance Roads
Telecommunications Todd Edwards Transportation Utilities

Originally, this was the wireless industry's attempt to preempt local management of the public's right of way.  The bill was changed in House Rules Committee to allow EMCs and rural telephone cooperatives to provide broadband service to rural areas under certain conditions.     

 

 

SR 1019 SupportCounty Right of Way for Telecommunications Deployment - Create Study Committee Frank Ginn
3/27/2018 Senate Passed/Adopted By Substitute -Regulated Industries and Utilities -
2018/03/23 Report Broadband Econ. Dev. & Transportation Economic Development Eminent Domain/Condemnation
Franchise Fees General County Government Preemption Public Safety and Courts Revenue & Finance
Roads Telecommunications Todd Edwards Traffic Enforcement Utilities
This resolution, similar to HR 1698, creates the Senate Study Committee on Advanced Communications Technologies and the Use of State and Local Government Right of Way.  The study committee (made up of five Senate members, one mayor, one county commissioner and three experts on communications deployment or taxation issues) will study state and local laws/regulations pertaining to the use public right of way to deploy advanced broadband, video and voice technologies; whether these advanced technologies are, or should be, treated differently than current technologies in terms of regulation, taxation and other matters; and whether state laws should be changed in this area to achieve modernization, fairness and technology neutrality regarding access to the rights of way.       
SR 1170 NeutralStudy Committee - Are Local Fees Going Toward Intended Purposes? Jack Hill
3/29/2018 Senate Read and Adopted ---
911 Alcohol/Tobacco Animal Control Broadband Business and Occupation Tax
Code Enforcement Econ. Dev. & Transportation EMS/Ambulance Fire Services Fireworks
Forfeitures, Fees, and Fine Add Ons Franchise Fees General County Government Health and Human Services Impact Fees
Land Use/Zoning Nat. Res. & the Environment Open Records/Meetings Act Probate Court Public Safety and Courts
Revenue & Finance Roads Sewer/Septage Sheriff Solid Waste
State Court Superior Court Tax Commissioner Todd Edwards Traffic Enforcement
Water Quality
Following much discussion over the past several years regarding the redirection of state-collected fees from their intended purposes, this Senate study committee (consisting of 5 senators) will examine whether or not local government fees are fairly and equitably imposed and whether the monies collected from them are being appropriately used and directed for the purpose(s) for which they are intended.  Examples of fees cited by this resolution include: storm water management fees, fire service fees, and traffic add-on fees.            
Green background on status indicates a bill has been acted on the last recorded legislative day.








Copyright @1996-2015 Association County Commissioners of Georgia