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Subject 590-7-28 CABLE/VIDEO STATE FRANCHISE

Rule 590-7-28-.01 Definitions

(1) "Cable Service Provider". As used herein the term "cable service provider" means an entity providing cable service as defined in O.C.G.A. § 36-76-2.
(2) "Franchise" or "State Franchise". As used herein the term "franchise" or "state franchise" means an initial authorization or renewal of an authorization issued by the Secretary of State to a cable service provider or video service provider that authorizes the construction or operation of a cable service provider or video service provider's network in the public rights of way.
(3) "Franchise Authority" or "State Franchise Authority". As used herein the term "franchise authority" or "state franchise authority" means the Secretary of State.
(4) "Holder" or "Certificate Holder". As used herein the term "holder" or "certificate holder" means a cable service provider or video service provider that has been issued a state franchise.
(5) "Public Right of Way". As used herein the term "public right of way" means the area in, on, along, over, or under the public roads that are part of the municipal or county road system or the state highway system.
(6) "Service Area". As used herein the term "service area" means the geographic territory within a municipality or unincorporated area of a county where a cable service provider or video service provider provides or has proposed to offer cable service or video service pursuant to a franchise.
(7) "State Franchise Certificate". As used herein the term "state franchise certificate" means the certificate issued by the Secretary of State certifying that a state franchise has been issued by the Secretary of State to the certificate holder.
(8) "Video Service Provider". As used herein the term "video service provider" means an entity providing video service as defined in O.C.G.A. § 36-76-2.

Rule 590-7-28-.02 Renewal of State Franchise

(1) A state franchise shall be effective for a term of ten years from the date of issuance; and, upon application filed within six (6) months prior to the expiration of such term on a form to be furnished by the Secretary of State, the state franchise may be renewed for a like term. There is no fee for renewal except a $50.00 processing fee payable to the Secretary of State, which shall accompany the application for renewal of the state franchise. The holder of a renewing state franchise shall provide a copy of its renewal application to each affected municipal or county governing authority within seven (7) business days following the delivery of the application to the Secretary of State.
(2) A state franchise may be renewed for successive periods of ten (10) years in like manner.
(3) The Secretary of State may send a renewal notification to holders of state franchises within six (6) months preceding the expiration of the state franchise for informational purposes. The renewal notification will be sent by mail or electronic methods, such as email, to the last known address of the holder. Renewal notifications will not be sent to those state franchises that are expired or terminated.
(4) Pursuant to O.C.G.A § 36-76-4(d)(3), a state franchise expires if it is not renewed by its expiration date. An expired state franchise may not be renewed or reinstated. If the holder of an expired state franchise wishes to continue to hold a state franchise in Georgia, then that holder must apply for a new state franchise.