Chapter 672-11 INSTALLATION, RELOCATION, AND MANAGEMENT OF UTILITIES ON PUBLIC RIGHTS-OF-WAY
| (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. |
The following words when used in Chapter 672-11 shall have the
following meanings:
| (a) |
"Annual Permit
Fee" means the yearly amount due for a Permit approved by Department on or
after January 1, 2022 that is associated with the ongoing management of the
Public Rights-of-Way obtained pursuant to the Department's authority and as
calculated in accordance with this Chapter. |
| (b) |
"Application Fee" means a nonrefundable
onetime fee for the review of a Permit application by the Department and as
calculated in accordance with this Chapter. This fee is nonrefundable
regardless of whether a Permit application is abandoned or not
approved. |
| (c) |
"Communication Cable"
means any fiber optic, copper, media, or other cable utilized by a
Communications Utility for the purpose of providing a Communications
Service. |
| (d) |
"Communications
Service" includes, but is not limited to, a wireline or wireless
Telecommunications Service, Information Service or Cable Service as those terms
are defined in Sections 153 and 522 of the Communications Act of 1934, as
amended, ( 47 U.S.C. §§ 153 and 602) and Broadband Internet Access
Service as that term is defined in Section 8.1(b) of the rules and regulations
of the FCC ( 47 C.F.R. § 8.1(b)) . |
| (e) |
"Communications Utility" means a Utility
that provides a Communications Service. |
| (f) |
"Department" or "GDOT" means the Georgia
Department of Transportation. |
| (g) |
"EMC" means an electric membership cooperative which is a member-owned and
not-for-profit Utility. |
| (h) |
"Existing Permit" means a Permit that has been approved by the Department prior
to January 1, 2022. |
| (i) |
"FCC" means
the United States Federal Communications Commission. |
| (j) |
"Non-Communications Utility" means a
utility that is not a Communications Utility, including, but not limited to, an
entity that provides electric, gas, water or other power services, without
regard to whether such services are subject to regulation by the Georgia Public
Service Commission or other regulatory department. |
| (k) |
"Permit" means the legal document by
which the Department authorizes the use of and regulates the use and/or
occupancy of the Public Rights-of-Way and as further defined in the
UAM. |
| (l) |
"Public Rights-of-Way"
means the state highway system and those local roads and streets that are a
part of the Federal-aid system, but excluding the interstate highway systems.
|
| (m) |
"UAM" means the Department's
Utility Accommodation Policy and Standards Manual, current edition. |
| (n) |
"Utility" means a Communications Utility
or a Non-Communications Utility. |
| (o) |
"Wireless Facility" means equipment at a
fixed location that enables wireless communications between user equipment and
a communications network and includes, but is not limited to, Small Wireless
Facilities as that term is defined in Section 1.6002 of the rules and
regulations of the FCC ( 47 C.F.R. § 1.6002) . |
| (1) |
The Department
shall follow the same policies, procedures, and standards for approving Permits
for the installation of Non-Communication Utility facilities on Public Rights
of Way as set out in the UAM. |
| (2) |
In addition to the requirements of the UAM, a Non-Communications Utility shall
enter into an agreement with the Department for payment of an annual lump sum
amount that represents a reasonable approximation of the average cost to the
Department associated with the administration of the Permits of the
Non-Communications Utility, the inspection of work on the Public Rights-of-Way,
and the continued occupancy by the permitted Non-Communications Utility on the
Public Rights-of-Way to be negotiated on an individual basis. Such agreements
will take into consideration the mileage and/or number of facilities in place
by the Non-Communications Utility, the amount of current and anticipated Permit
work within the Public Rights-of-Way, and the estimated costs to the Department
of the Non-Communications Utility's operations. Such agreement shall provide
for annual adjustments of the fee amount. |
| (3) |
The Department and a Non-Communications
Utility may have entered into an agreement for payment of an annual lump sum
amount prior to the adoption of this Chapter. Such agreements will remain in
full force and effect if desired by the Non-Communications Utility and the
Department or may be renegotiated. |
| (1) |
Issuance of Permits.
| a. |
This Section 672-11-.04 applies only to
Permits for use of the Public Rights-of-Way by Communications Utilities. The
Department shall follow the same policies, procedures, and standards for
approving Permits for the installation of Communication Utility facilities on
Public Rights of Way as apply to Non-Communications Utilities as set out in the
UAM, except that payment of Permit fees shall be required as set forth
herein. |
| b. |
The fees set forth in
this Chapter shall not apply to crossing Public Rights-of-Way when not in
conjunction with a longitudinal access. |
|
| (2) |
Schedule of Permit
Fees. The assessed rates for obtaining and retaining a Permit for
a Communication Utility on or after January 1, 2022, shall be as follows:
| a. |
Application Fee.
Each Permit application shall include an Application Fee that will be assessed
as follows, unless waived pursuant to subsection (d) of this Rule:
| i. |
For a Communication Utility that is a mile
or more in length, the Application Fee shall be $1,400. |
| ii. |
For a Communication Utility that is less
than a mile in length, the Application Fee shall be $742. |
| iii. |
For a Wireless Facility, the Application
Fee shall be $742. |
|
| b. |
Annual Permit Fee. An Annual Permit Fee will be
assessed as follows, unless waived pursuant to subsection (d) of this Rule:
| i. |
For a Communication Utility the Annual
Permit Fee shall be $300. |
| ii. |
For a
Wireless Facility, the Annual Permit Fee shall be $270. |
| iii. |
Where two or more Communication
Utilities install Communication Cables simultaneously and in the same trench,
the Annual Permit Fee shall be reduced by 25 percent for each Communication
Utility. |
| iv. |
Where Communication
Cables are installed on a pole line in joint use with another Communication
Utility facility, the Annual Permit Fee shall be reduced by 25 percent for each
permittee. |
| v. |
The Annual Permit Fee
shall be assessed annually for the duration of time the facilities of the
Communications Utility remain located on or in a Public Right-of Way, until
said facilities are abandoned or until the facilities are decommissioned as
evidenced by written notification to the Department. After a 60-day cure
period, the Department may cancel or revoke a Permit upon written notice to the
Communications Utility. |
| vi. |
The
Annual Permit Fee for each Permit shall be assessed by the Department as an
annual payment in accordance with this rule. The Department shall assess the
Annual Permit Fee and send an invoice for each Permit on or about February 1st
of each year to the Communications Utility. The Annual Permit Fee shall be paid
by July 1st of each year. |
| vii. |
All
Annual Permit Fees shall be paid within thirty (30) days of the due date. If an
Annual Permit Fee is not paid within thirty (30) days of the due date, the
subject Permit may be subject to revocation by the Department. |
| viii. |
Prior to revocation of any Permit for
failure to timely pay the Annual Permit Fees or for any other reason, the
Department shall send a final notice to the Communications Utility at least
thirty (30) days before the revocation of the Permit shall become
effective. |
| ix. |
If a permittee does
not install all utilities approved in a Permit, it must inform the Department
of the location of the actual installation one (1) year from the issuance of
the Permit. |
|
| c. |
Existing Permits. For Existing Permits, the rates set
forth in this subsection (2) shall be applicable on January 1, 2022. Permittees
issued a Permit before January 1, 2022 and that have no outstanding invoices or
payments associated with any issued permits may select to pay the rates set
forth in this rule for Existing Permits. |
| d. |
Waivers of Annual Permit
Fees.
| i. |
Notwithstanding
otherwise applicable requirements of 47 U.S.C. § 253, the Department may
waive the Application Fee and/or the Annual Permit Fee where the sole purpose
of a Permit is to provide Broadband Internet Access Service to public and
private elementary and secondary schools or where the sole purpose of a Permit
is to provide Broadband Internet Access Service to hospitals and other medical
institutions including, but not limited to, emergency medical care centers. Any
waiver under this subsection (d)(i) will remain in effect for as long as the
use of the Permit remains the same. |
| ii. |
Notwithstanding otherwise applicable
requirements of 47 U.S.C. § 253, the Department shall waive the
Application Fee and/or the Annual Permit Fee for EMCs where the sole purpose of
a Permit is to provide Broadband Internet Access Service. Any waiver under this
subsection (d)(ii) will remain in effect for as long as the use of the Permit
remains the same. |
|
|
| (3) |
Alternative Procedure for
Assessing Fees.
| a. |
In lieu of
the Permit Fees set forth in this Rule, a Communications Utility may enter into
an agreement with the Department for payment of an annual lump sum amount that
represents a reasonable approximation of the average cost to the Department
associated with the administration of the Permits of the Communications
Utility, the inspection of work on the Public Rights-of-Way, and the continued
occupancy by the permitted Communications Utility on the Public Rights-of-Way
to be negotiated on an individual basis. Such agreements will take into
consideration the mileage and/or number of facilities in place by the
Communications Utility, the amount of current and anticipated Permit work
within the Public Rights-of-Way, and the estimated costs to the Department of
the Communications Utility's operations. Such agreements shall provide for
annual adjustments of the fee amount. |
| b. |
The Department and a Communications
Utility may have previously entered into an agreement for payment of an annual
lump sum amount prior to the adoption of this Chapter. Such agreements will
remain in full force and effect if desired by the Communications Utility and
the Department or may be renegotiated. |
|
