2006 Code of Virginia § 56-484.7:1 - Offering of communications services

56-484.7:1. Offering of communications services.

A. A county, city, town, electric commission or board, industrial developmentauthority, or economic development authority, other than one in a localitythat (i) is eligible to provide telecommunications services pursuant to 15.2-2160 and (ii) has a population in excess of 30,000, may offer qualifyingcommunications services, or enter into public-private partnerships to offersuch qualifying communications services, in accordance with the provisions ofthis article. For purposes of this article, a "qualifying communicationsservice" is a communications service, which shall include but is not limitedto, high-speed data service and Internet access service, of generalapplication, but excluding any cable television or other multi-channel videoprogramming services. The county, city, town, electric commission or board,industrial development authority, or economic development authority shalldemonstrate in its petition that the qualifying communications services donot meet the standard set forth in 56-484.7:2 within the geographic areaspecified in the petition. No such services shall be offered unless, prior tooffering such services: (i) the county, city, town, electric commission orboard, industrial development authority or economic development authoritypetitions the Commission to approve the offering of such qualifyingcommunications services within a specified geographic area and (ii) theCommission, after notice and an opportunity for hearing in the affected area,issues a written order approving the petition or fails to approve ordisapprove the petition within 60 days after notice. The 60-day period may beextended by Commission order for a period not to exceed an additional 60days. The petition shall be deemed approved if the Commission fails to actwithin 60 days after notice or any extended period ordered by the Commission.

B. Each county, city, town, electric commission or board, industrialdevelopment authority, or economic development authority that providescommunications services pursuant to this article shall providenondiscriminatory access to for-profit providers of communications serviceson a first-come, first-served basis to rights-of-way, poles, conduits orother permanent distribution facilities owned, leased or operated by thecounty, city, town, electric commission or board, industrial developmentauthority, or economic development authority unless the facilities haveinsufficient capacity for such access and additional capacity cannotreasonably be added to the facilities.

C. The prices charged by a county, city, town, electric commission or board,industrial development authority, or economic development authority forproviding communications services shall not be set at a price for the servicelower than the prices charged by any incumbent provider for a functionallyequivalent service that is as generally available from such incumbent as itis from such governmental entity.

D. No county, city, town, electric commission or board, industrialdevelopment authority, or economic development authority providing suchqualifying communications services shall acquire by eminent domain thefacilities or other property of any communications service provider to offercable, telephone, data transmission or other information or onlineprogramming services.

E. The Commission may promulgate rules necessary to implement this section.

(1999, c. 916; 2002, cc. 479, 489; 2003, cc. 677, 711.)