Bellsouth Telecommunications, Inc. v. Cobb County

Fletcher, Chief Justice.

Cobb County Code § 106-3 imposes a one-time permit fee on telecommunications companies, including BellSouth Telecommunications, Inc., who apply to use Cobb County’s public rights-of-way. Bell-South brought this action to challenge Cobb County’s authority to enforce this ordinance and to declare the ordinance unconstitutional. The trial court granted summary judgment to Cobb County, and BellSouth appeals. Because Cobb County has the implied authority to charge the permit fee, and because the ordinance is not unconstitutional, we affirm.

OCGA § 32-4-42 (6) gives Cobb…