2006 Code of Virginia § 56-462 - Franchise to occupy parks, streets, etc.; imposition of terms, conditions, etc., as to use of stree...

56-462. Franchise to occupy parks, streets, etc.; imposition of terms,conditions, etc., as to use of streets, etc., and construction thereon.

A. No incorporated city or town shall grant to any such telegraph ortelephone corporation the right to erect its poles, wires, or cables, or tolay its conduits upon or beneath its parks, streets, avenues, or alleys untilsuch company shall have first obtained, in the manner prescribed by the lawsof this Commonwealth, the franchise to occupy the same. Any city or town mayimpose upon any such corporation any terms and conditions consistent herewithand supplemental hereto, as to the occupation and use of its parks, streets,avenues, and alleys, and as to the construction and maintenance of thefacilities of such company along, over, or under the same, that the city ortown may deem expedient and proper. The Commonwealth Transportation Board mayalso impose upon any such company any terms, rules, regulations,requirements, restrictions and conditions consistent herewith andsupplemental hereto, as to the occupation and use of roads and streets ineither state highway system, and as to the construction, operation ormaintenance of the works along, over, or under the same, which the Board maydeem expedient and proper, but not in conflict, in incorporated cities andtowns, with any vested contractual rights of any such company with such cityor town.

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; however,the provisions of 56-468.1 shall not apply to providers of commercialmobile 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) No locality receiving directly orindirectly a Public Rights-of-Way Use Fee or the Commonwealth TransportationBoard shall require a certificated provider of telecommunications services toprovide in-kind services or physical assets as a condition of consent to usepublic rights-of-way or easements, or in lieu of the Public Rights-of-Way UseFee. This shall not limit the ability of localities, their authorities orcommissions which provide utility services, or the CommonwealthTransportation Board to enter into voluntary pole attachment, conduitoccupancy or conduit construction agreements with certificated providers oftelecommunications service. Any locality, other than a city or town electingto continue to enforce an existing franchise, ordinance or other form ofconsent under subsection I of 56-468.1, or the Commonwealth TransportationBoard may continue to use pole attachments and conduits utilized as ofDecember 31, 1997. Any pole attachment or conduit occupancy fees for this useshall be waived for facilities in place as of December 31, 1997, and shall bewaived for future extensions in cities with populations between 60,000 and70,000, so long as the locality or the Commonwealth Transportation Boardcontinues to use these facilities on such poles or in such conduits solelyfor their internal communications needs. The fee waiver is for the occupancyfees only, does not cover any relocation, rearrangement or other make-readycosts, and does not apply to any county, city or town that has obtained acertificate 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 for this use shall be waived for facilities in place as ofDecember 31, 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, 4038; 1926, p. 909; 1971, Ex. Sess., c. 40; 1997, cc. 474, 515;1998, cc. 742, 758; 2002, cc. 479, 489; 2006, c. 780.)