Ga. Court: Broadband Rights-of-Way Contracts With State Are 'Terminable at Will'
Contracts between the state and broadband providers regarding access to public rights-of-way are terminable at will by either party, the Georgia Supreme Court said this week. Since the contracts don't have a fixed period or end date, their duration is subject to either party's complete discretion, the court said (docket S25A0635). "The result is that these particular contracts are contracts of indefinite duration, terminable at will by either party."
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The litigation sprung from changes that the Georgia Department of Transportation made to its rules on the installation and management of utilities in rights-of-way, including increasing the annual fees for rights-of-way permits. The broadband providers sued after the state sought changes to the contracts. Georgia's high court remanded the case for further proceedings.