2019 Georgia Code
Title 46 - Public Utilities and Public Transportation
Chapter 3 - Electrical Service
Article 4 - Electric Membership Corporations and Foreign Electric Cooperatives
Part 2 - Corporate Purposes and Powers
§ 46-3-200.4. Rates, terms, and conditions for pole attachments between communications service providers and electric membership corporations and their broadband affiliates

Universal Citation: GA Code § 46-3-200.4 (2019)
  • (a) As used in this Code section, the term:

    • (1) "Existing agreement" means a pole attachment agreement or joint use agreement in effect as of January 1, 2019.

    • (2) "New agreement" means a pole attachment agreement or joint use agreement that was not in effect as of January 1, 2019.

  • (b) Except as required by the Tennessee Valley Authority for its distributors in this state, a communications service provider that has an existing agreement with an electric membership corporation shall have the right, through December 31, 2034, to attach to poles of the electric membership corporation and its broadband affiliate after the expiration of the original period of such existing contract:

    • (1) Upon terms and conditions that are no less favorable than those in such existing agreement; and

    • (2) At rates that shall not exceed the rates in such existing agreement, subject to annual rate adjustments based on the Handy-Whitman Index of Public Utility Construction Costs, and based upon the Consumer Price Index in the event the Handy-Whitman Index of Public Utility Construction Costs is no longer available.

  • (c) Except as required by the Tennessee Valley Authority for its distributors in this state, any new agreement between an electric membership corporation and a communications service provider shall provide for attachments to poles of the electric membership corporation and its broadband affiliate:

    • (1) Upon terms and conditions that are no less favorable than those in existing agreements; and

    • (2) At rates that shall not exceed the highest of those rates in any existing agreement, subject to annual rate adjustments based on the Handy-Whitman Index of Public Utility Construction Costs, and based upon the Consumer Price Index in the event the Handy-Whitman Index of Public Utility Construction Costs is no longer available.

  • (d) An electric membership corporation that terminates, without cause, an existing agreement or new agreement with a communications service provider shall not be permitted to form or utilize a broadband affiliate for a period of one year from the date of the termination of any such agreement, if the number of poles with attachments under such terminated agreement constitutes one-half or more of all electric membership corporations' poles containing an attachment by a communications service provider.

History:

Code 1981, § 46-3-200.4, enacted by Ga. L. 2019, p. 226, § 3/SB 2.

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