2006 Code of Virginia § 56-466.1 - Pole attachments; cable television systems and telecommunications service providers

56-466.1. Pole attachments; cable television systems and telecommunicationsservice providers.

A. As used in this section:

"Cable television system" means any system licensed, franchised orcertificated pursuant to Article 1.2 ( 15.2-2108.19 et seq.) of Chapter 21of Title 15.2 that transmits television signals, for distribution tosubscribers of its services for a fee, by means of wires or cables connectingits distribution facilities with its subscriber's television receiver orother equipment connecting to the subscriber's television receiver, and notby transmission of television signals through the air.

"Pole attachment" means any attachment by a cable television system orprovider of telecommunications service to a pole, duct, conduit, right-of-wayor similar facility owned or controlled by a public utility.

"Public utility" has the same meaning ascribed thereto in 56-232.

"Rearrangement" means work performed at the request of a telecommunicationsservice provider or cable television system to, on or in an existing pole,duct, conduit, right-of-way or similar facility owned or controlled by apublic utility that is necessary to make such pole, duct, conduit,right-of-way, or similar facility usable for a pole attachment."Rearrangement" shall include replacement, at the request of atelecommunications service provider or cable television system, of theexisting pole, duct, conduit, right-of-way, or similar facility if theexisting pole, duct, conduit, right-of-way, or similar facility does notcontain adequate surplus space or excess capacity and cannot be rearranged soas to create the adequate surplus space or excess capacity required for apole attachment.

"Telecommunications service provider" means any public service corporationor public service company that holds a certificate of public convenience andnecessity to furnish local exchange telephone service or interexchangetelephone service.

B. Upon request by a telecommunications service provider or cable televisionsystem to a public utility, both the public utility and thetelecommunications service provider or cable television system shallnegotiate in good faith to arrive at a mutually agreeable contract forattachments to the public utility's poles by the telecommunications serviceprovider or cable television system.

C. After entering into a contract for attachments to its poles by anytelecommunications service provider or cable television system, a publicutility shall permit, upon reasonable terms and conditions and the payment ofreasonable annual charges and the cost of any required rearrangement, theattachment of any wire, cable, facility or apparatus to its poles orpedestals, or the placement of any wire, cable, facility or apparatus inconduit or duct space owned or controlled by it, by such telecommunicationsservice provider or cable television system that is authorized by law, toconstruct and maintain the attachment, provided that the attachment does notinterfere, obstruct or delay the service and operation of the public utilityor create a safety hazard.

D. Notwithstanding the provisions of subsection C, a public utility providingelectric utility service may deny access by a telecommunications serviceprovider or cable television system to any pole, duct, conduit, right-of-way,or similar facility owned or controlled, in whole or in part, by such publicutility, provided such denial is made on a nondiscriminatory basis on groundsof insufficient capacity or reasons of safety, reliability, or generallyapplicable engineering principles.

E. This section shall not apply to any pole attachments regulated pursuant to47 U.S.C. 224.

(2001, c. 76; 2006, cc. 73, 76.)