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, within their respective jurisdictions in Georgia.  EMC's would not be able to "cross-subsidize" their broadband services through their electric or gas funds, nor would they be able to charge the costs of their broadband services to their electric or gas customers.  Those EMCs providing broadband would have a duty to provide access to their poles and rights of way to all communications service providers on rates, terms and conditions that are reasonable and nondiscriminatory.  Other communications service providers or EMC members can petition to enforce the above conditions with the Georgia Public Service Commission.  EMCs will also be eligible to apply for federal or state loans and grants to provide this service. EMCs already providing broadband services have until January 1, 2021 to comply with the provisions of this law.   

The language form HB 499 was attached to this bill, permitting broadband services (so long as additional poles or other ground-based structures are not employed) to be deployed in electrical easements provided this does not change the nature of the easement nor interfere with or impair any vested rights of the easement owner or occupier.  Broadband providers, or owners of electric easements, may install, maintain, lease, and operate broadband services in the easement without incurring liability or paying additional compensation to the owner of the property subject to the easement.  Owners of electric easements may assess fees and impose reasonable conditions on the use of facilities within the easement. 

Mirroring HB 184, 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 management 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 telecoms 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 requires the Georgia Department of Transportation to create an appeals process for bid rejections.