Rule 672-11-.03 - Issuance of Permits, Permit Fees, and Alternative Procedure for Assessing Fees for Non-Communication Utilities(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.Ga. Comp. R. & Regs. R. 672-11-.03
O.C.G.A. §§ 32-6-174, 50-13-4, 32-2-2.
Original Rule entitled "Long Distance and Trunk Communications Cables; Permit Fee Schedule" was filed as Emergency Rule 672-11-0.23-.03 on March 25, 1985; effective March 21, 1985, the date of adoption, to remain in effect for a period of 120 day or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency. This Emergency Rule expired July 19, 1985.Amended: A permanent of the same title adopted. Filed July 1, 1985; effective July 21, 1985.Amended: New title "Issuance of Permits, Permit Fees, and Alternative Procedure for Assessing Fees for Non-Communication Utilities." F. Aug. 24, 2021; eff. Sept. 13, 2021.