Georgia Code
Part 1 - General Provisions
§ 46-3-171. Definitions

As used in this article, the term:
(2.1) “Broadband affiliate” means any person which directly or indirectly controls, is controlled by, or is under common control of one or more electric membership corporations and which is used to provide broadband services.
(2.2) “Broadband facilities” means any facilities and equipment utilized to provide or support broadband services.
(2.3) “Broadband services” means a wired or wireless service that consists of the capability to transmit data at a rate not less than 200 kilobits per second to and from end users and in combination with such service provides:
(2.4) “Communications service provider” means a provider of cable service as defined in 47 U.S.C. Section 522(6), telecommunications service as defined in 47 U.S.C. Section 153(53), or information service as defined in 47 U.S.C. Section 153(24), as each such term existed on January 1, 2019.
(2.5) “Electric easement” means a right of way or an easement, whether acquired by eminent domain, prescription, or conveyance, that is used or may be used for transmitting, distributing, or providing electrical energy and services by utilizing aboveground or underground wires, cables, lines, or similar facilities.
Such term shall include any broadband facilities and equipment associated with providing such a service.
(5.1) “Gas activities” shall have the same meaning as provided for in Code Section 46-4-152.
(5.2) “Gas affiliate” shall have the same meaning as the term “EMC gas affiliate” provided in Code Section 46-4-152.
(8.1) “Retail broadband services” means any broadband services other than those provided for:
History. Ga. L. 1937, p. 644, § 2; Ga. L. 1939, p. 312, § 1; Ga. L. 1960, p. 5, § 1; Code 1933, § 34C-102, enacted by Ga. L. 1981, p. 1587, § 1; Ga. L. 2019, p. 226, § 1/SB 2.
The 2019 amendment, effective April 26, 2019, added paragraphs (2.1) through (2.5), (5.1), (5.2), and (8.1); substituted “person that” for “person who” near the beginning of paragraph (7); and rewrote paragraph (8), which read: “ ‘Person’ includes any natural person; firm; association; electric membership corporation; foreign electric cooperative; corporation, either domestic or foreign; business or other trust; partnership; federal agency; state or political subdivision thereof; or body politic.

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