Discrimination towards potential residential subscribers prohibited

(a) A holder of a state franchise shall not deny access to service to any group of potential residential subscribers because of the income of the residents in the local area in which such group resides. (b) For purposes of determining whether a cable service provider or video service provider has violated subsection (a) of this Code section, cost, density, distance, and technological or commercial limitations shall be taken into account. An alleged violation of subsection (a) of this Code section shall only be considered within the description of the service area set forth in an application or amended application for a state franchise. The inability to serve an end user because a holder is prohibited from placing its own facilities in a building or property shall not be found to be a violation of subsection (a) of this Code section. Use of an alternative technology or service arrangement that provides 1158 36-76-11 EXPEDITED FRANCHISING OF CABLE/VIDEO SERVS. 36-76-11 comparable content, service, and functionality shall not be considered a violation of subsection (a) of this Code section. This Code section shall not be construed as authorizing any build-out requirements on a cable service provider or video service provider. (c) Any potential residential subscriber or group of residential subscribers who believes it is being denied access to services in violation of subsection (a) of this Code section may file a complaint with the affected local governing authority, along with a clear statement of the facts and the information upon which it is relying to support the complaint. Upon receipt of any such complaint, the affected local governing authority shall serve a copy of the complaint and supporting materials upon the subject cable service provider or video service provider, which shall have 60 days after receipt of such information to submit a written answer and any other relevant information the provider wishes to submit to the affected local governing authority in response to the complaint. If the affected local governing authority is not satisfied with the response, the affected local governing authority shall compel the cable service provider or video service provider to participate in nonbinding mediation. If the mediation does not resolve the matter to the satisfaction of the affected local governing authority, the affected local governing authority may file a complaint with a court of competent jurisdiction. No affected local governing authority shall file an action in court without having participated in a mediation of the complaint. If such court finds that the holder of a state franchise is in material noncompliance with this Code section, the holder shall have a reasonable period of time, as specified by the court, to cure such noncompliance. The court may also award the affected local governing authority its reasonable costs and attorneys fees in seeking enforcement of subsection (a) of this Code section. History. — Code 1981, § 36-76-11, enacted by Ga. L. 2007, p. 719, § 1/HB 227. 1159 Ch. 77 LOCAL GOVERNMENT CHAPTERS 77 THROUGH 79 Reserved 1160 Ch. 79 T.36, C.80 GENERAL PROVISIONS T.36, C.80 Provisions Applicable to Counties, Municipal Corporations, and Other Governmental Entities CHAPTER 80 GENERAL PROVISIONS Sec. 36-80-1. 36-80-2. 36-80-3. 36-80-4. 36-80-5. 36-80-6. 36-80-7. 36-80-8. 36-80-9. 36-80-10. 36-80-11. 36-80-12. 36-80-13. 36-80-14. Code of ethics; members of local board of education allowed to discuss policies and actions of such board outside of board meetings; exceptions. Power to issue notes, certificates, and other evidence of indebtedness in anticipation of taxes. Authorized investments of funds by governing bodies. Delegation of governing body’s investment authority to financial officer. Relief from or composition of debts under federal statute prohibited. State furnished services, assistance, funds, property, and other incentives for consolidated programs. Execution of contracts, plans, and documents for consolidated programs. Establishment of area offices for consolidated programs. Promulgation of rules and regulations for consolidated programs; requirement of submission of plans and reports. Election for unbonded debt — Requirement and procedure. Notice of election for unbonded debt. Voting in election for unbonded debt; returns and declaration of election result. Authorization to incur unbonded debt following favorable vote. Annual sinking fund for unbonded debt. Sec. 36-80-15. Allocation and expenditure of proceeds from timber sales from military installations and facilities. 36-80-16. Local Government Authorities Registration.