Petition Contesting Maps

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  6. Petition Contesting Maps

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  1. An entity that is authorized to apply for or that obtains a certificate of authority pursuant to Code Section 45-5-163, a broadband services provider, or a political subdivision may file a petition with the Department of Community Affairs along with data specifying locations or census blocks which the petitioner alleges should be designated differently than as shown on the map published on the website of the Department of Community Affairs pursuant to Code Section 50-40-21. Upon receipt of such petition and data, the Department of Community Affairs shall provide notice of the petition on the Department of Community Affairs' website and shall notify all broadband services providers furnishing broadband services in such census block or any census block in which any such locations are positioned. Such broadband services providers shall have 45 days after the date such notice is sent to furnish information to the Department of Community Affairs showing whether the locations that are the subject of the petition currently have broadband services available. The Department of Community Affairs shall determine whether the designation of such locations or census blocks should be changed and shall issue such determination within 75 days of the date the notice is sent to the broadband services provider.
  2. Any determination made by the Department of Community Affairs pursuant to this Code section shall be final and not subject to review, and any such determination shall not be a contested case under Chapter 13 of Title 50, "Georgia Administrative Procedure Act."

(Code 1981, §50-40-22, enacted by Ga. L. 2018, p. 629, § 6-1/SB 402; Ga. L. 2019, p. 1056, § 50/SB 52.)

The 2019 amendment, effective May 12, 2019, part of an Act to revise, modernize, and correct the Code, revised punctuation in subsection (b).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2018, "Code Section 50-40-21" was substituted for "Code Section 50-39-21" at the end of the first sentence of subsection (a).

ARTICLE 3 BROADBAND COMMUNITIES


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