2006 Code of Virginia § 56-458 - Right to erect lines parallel to railroads; occupation of roads, streets, etc.; location of sam...

56-458. Right to erect lines parallel to railroads; occupation of roads,streets, etc.; location of same.

A. Every telegraph company and every telephone company incorporated by thisor any other state, or by the United States, may construct, maintain andoperate its line along and parallel to any of the railroads of theCommonwealth, and shall have authority to occupy and use the public parks,roads, works, turnpikes, streets, avenues and alleys in any of the counties,with the consent of the board of supervisors or other governing authoritythereof, or in any incorporated city or town, with the consent of the councilthereof, and the waterways within this Commonwealth, for the erection ofpoles and wires, or cables, or the laying of underground conduits, portionsof which they may lease, rent, or hire to other like companies; provided,however, that if the road or street be in the State Highway System or thesecondary system of state highways, the consent of the board of supervisorsor other governing authority of any county shall not be necessary, but apermit for such occupation and use shall first be obtained from theCommonwealth Transportation Board.

B. No locality or the Commonwealth Transportation Board shall impose any feeson a certificated provider of telecommunications service for the use ofpublic rights-of-way except in the manner prescribed in 56-468.1; provided,however, the provisions of 56-468.1 shall not apply to providers ofcommercial mobile radio services.

C. No locality or the Commonwealth Transportation Board shall impose oncertificated providers of telecommunications service, whether by franchise,ordinance or other means, any restrictions or requirements concerning the useof the public rights-of-way (including but not limited to the permittingprocess; notice, time and location of excavations and repair work;enforcement of the statewide building code; and inspections), which are (i)unfair or unreasonable or (ii) any greater than those imposed on thefollowing users of the public rights-of-way: all providers oftelecommunications services and nonpublic providers of cable television,electric, natural gas, water and sanitary sewer services. For purposes ofthis subsection, "restrictions or requirements concerning the use of thepublic rights-of-way" shall not include any existing franchise fee or thePublic Rights-of-Way Use Fee.

D. Notwithstanding any other provision of law, any permit or other permissionrequired by a locality pursuant to a franchise, ordinance, or otherpermission to use the public rights-of-way or by the CommonwealthTransportation Board of a certificated provider of telecommunicationsservices to use the public rights-of-way shall be granted or denied withinforty-five days from submission and, if denied, accompanied by a writtenexplanation of the reasons the permit was denied and the actions required tocure the denial.

E. (Effective until January 1, 2007 - See Editor's notes) No localityreceiving directly or indirectly a Public Rights-of-Way Use Fee or theCommonwealth Transportation Board shall require a certificated provider oftelecommunications services to provide in-kind services or physical assets asa condition of consent to use public rights-of-way or easements, or in lieuof the Public Rights-of-Way Use Fee. This shall not limit the ability oflocalities, their authorities or commissions which provide utility services,or the Commonwealth Transportation Board to enter into voluntary poleattachment, conduit occupancy or conduit construction agreements withcertificated providers of telecommunications service. Any locality, otherthan a city or town electing to continue to enforce an existing franchise,ordinance or other form of consent under subsection I of 56-468.1, or theCommonwealth Transportation Board may continue to use pole attachments andconduits utilized as of December 31, 1997. Any pole attachment or conduitoccupancy fees charged by certificated providers of telecommunicationsservices for this use shall be waived for facilities in place as of December31, 1997, and shall be waived for future extensions in cities withpopulations between 60,000 and 70,000, so long as the locality or theCommonwealth Transportation Board continues to use these facilities on suchpoles or in such conduits solely for their internal communications needs. Thefee waiver is for the occupancy fees only, does not cover any relocation,rearrangement or other make-ready costs, and does not apply to any county,city or town that has obtained a certificate pursuant to 56-265.4:4.

E. (Effective January 1, 2007 - See Editor's notes) No locality receivingdirectly or indirectly a Public Rights-of-Way Use Fee or the CommonwealthTransportation Board shall require a certificated provider oftelecommunications services to provide in-kind services or physical assets asa condition of consent to use public rights-of-way or easements, or in lieuof the Public Rights-of-Way Use Fee. This shall not limit the ability oflocalities, their authorities or commissions which provide utility services,or the Commonwealth Transportation Board to enter into voluntary poleattachment, conduit occupancy or conduit construction agreements withcertificated providers of telecommunications service. Any locality, otherthan a city or town electing to continue to enforce an existing franchise,ordinance or other form of consent under subsection J of 56-468.1, or theCommonwealth Transportation Board may continue to use pole attachments andconduits utilized as of December 31, 1997. Any pole attachment or conduitoccupancy fees charged by certificated providers of telecommunicationsservices for this use shall be waived for facilities in place as of December31, 1997, and shall be waived for future extensions in cities withpopulations between 60,000 and 70,000, so long as the locality or theCommonwealth Transportation Board continues to use these facilities on suchpoles or in such conduits solely for their internal communications needs. Thefee waiver is for the occupancy fees only, does not cover any relocation,rearrangement or other make-ready costs, and does not apply to any county,city or town that has obtained a certificate pursuant to 56-265.4:4.

(Code 1919, 4035; 1926, p. 907; 1997, c. 515; 1998, cc. 742, 758; 2002, cc.479, 489; 2006, c. 780.)