Upon the request by an existing cable operator in the locality, a locality that has negotiated and granted a cable franchise to a new cable provider through negotiation, whether before or after July 1, 2006, shall make available to that existing cable operator the applicable terms and conditions that such locality provides to a new cable operator, by an amendment and restatement in lieu of its existing franchise document. In addition, upon the request by an existing cable operator in the locality, a locality adopting an ordinance under this article shall make available to that existing cable operator the applicable terms and conditions from any such ordinance by opting into an ordinance cable franchise. In either such event, the existing cable operator may accept all applicable terms and conditions only in their entirety and in lieu of its existing franchise document and without the ability to accept specific terms and conditions. The locality and the existing cable operator shall amend the cable franchise of the existing cable operator to substitute the new, applicable terms and conditions upon notice of acceptance from the existing cable operator. An existing cable provider in a locality shall have an enforceable right to require that its cable franchise be amended and restated within 90 days of its request to substitute the new, applicable terms and conditions of the new negotiated franchise or new ordinance cable franchise granted to a new cable franchisee. Notwithstanding any other provision in this article, (i) no existing cable operator shall reduce the geographic area in which it actually provides cable service as of July 1, 2006, by the exercise of its rights under this article, but its service obligations within such service areas shall be subject to the service exclusions set forth in clauses (a) through (i) of subdivision 12 of § 15.2-2108.22 and (ii) the provisions of this section shall not alter the time period remaining in any unexpired, existing franchise.
2006, cc. 73, 76.
Structure Code of Virginia
Title 15.2 - Counties, Cities and Towns
Chapter 21 - Franchises; Sale and Lease of Certain Municipal Public Property; Public Utilities
§ 15.2-2100. Restrictions on selling certain municipal public property and granting franchises
§ 15.2-2101. Ordinance proposing grant of franchise, etc., to be advertised
§ 15.2-2102. How bids received and to whom franchise awarded
§ 15.2-2103. Award when no satisfactory bid received
§ 15.2-2103.1. Solar services agreements; nondisclosure of proprietary information
§ 15.2-2104. Bond of person awarded franchise, etc.
§ 15.2-2105. How amendments made to franchise, etc.; notice required
§ 15.2-2105.1. Granting franchises for operation of a vehicular ferry transportation system
§ 15.2-2106. Powers of court to enforce obedience by mandamus, etc.
§ 15.2-2107. Persons occupying or using streets, etc., contrary to law
§ 15.2-2108.1. Regulation of open video systems
§ 15.2-2108.1:1. Franchise fees and public rights-of-way fees on cable operators
§ 15.2-2108.3. Scope of article
§ 15.2-2108.4. Limitations on providing cable television services
§ 15.2-2108.5. Preliminary public hearing; feasibility consultant
§ 15.2-2108.6. Feasibility study on providing cable television services
§ 15.2-2108.7. Public hearings on feasibility study; notice
§ 15.2-2108.9. Enterprise funds for cable television services
§ 15.2-2108.10. Bonding authority
§ 15.2-2108.11. General operating limitations
§ 15.2-2108.12. Eminent domain
§ 15.2-2108.13. Quality of service standards
§ 15.2-2108.15. Consumer complaints
§ 15.2-2108.17. Antitrust immunity
§ 15.2-2108.20. Authority to grant negotiated cable franchises and regulate cable systems
§ 15.2-2108.21. Ordinance cable franchises
§ 15.2-2108.22. Regulation of fees, rates and services; penalties
§ 15.2-2108.23. Regulation of rights-of-way; fees
§ 15.2-2108.31. Article construed
§ 15.2-2108.32. Application of article to certain localities
§ 15.2-2109.1. Prescriptive easements for provision of water and sewer services
§ 15.2-2109.2. Mutual aid agreements for power and natural gas
§ 15.2-2109.3. Provision of natural gas distribution service within counties
§ 15.2-2110. Mandatory connection to water and sewage systems in certain counties
§ 15.2-2111. Regulation of sewage disposal or water service
§ 15.2-2112. Agreements by political subdivisions for sewage or water service
§ 15.2-2113. Connections of fire suppression systems
§ 15.2-2114. Regulation of stormwater
§ 15.2-2114.01. Local Stormwater Management Fund; grant moneys
§ 15.2-2114.1. Car-washing fundraiser
§ 15.2-2115. Purchase of gas, electric and water plants operating in contiguous territory
§ 15.2-2117. Contracts with sewerage or water purification company, etc.
§ 15.2-2118. Lien for water and sewer charges and taxes imposed by localities
§ 15.2-2118.1. Lien for gas utilities charges and taxes imposed by localities
§ 15.2-2119. Fees and charges for water and sewer services provided to a property owner
§ 15.2-2119.1. Credit for excessive water and sewer charges
§ 15.2-2119.2. Discounted fees and charges for certain low-income, elderly, or disabled customers
§ 15.2-2119.3. Sustainable infrastructure financial assistance
§ 15.2-2120. Enforcement of liens for water or sewer charges
§ 15.2-2122. Localities authorized to establish, etc., sewage disposal system; incidental powers
§ 15.2-2123. Sewage treatment plants to include certain capability
§ 15.2-2124. Contracts between localities as to sewers, pumping stations, etc., to prevent pollution
§ 15.2-2125. Board, etc., for supervision of such works
§ 15.2-2126. Notice to governing body required prior to construction
§ 15.2-2127. Disapproval of system by governing body; failure to disapprove within seventy days
§ 15.2-2129. Contents of notice to governing body; further information
§ 15.2-2130. Extensions to systems
§ 15.2-2131. Article not applicable to hotel corporations
§ 15.2-2132. Noncompliance with article; separate offense
§ 15.2-2133. Penalty; enjoining violation
§ 15.2-2137. Special court; hearing and decision
§ 15.2-2138. Dispute between jurisdictions; additional parties
§ 15.2-2139. Special court; costs
§ 15.2-2140. Dispute between jurisdictions; appeals
§ 15.2-2143. Water supplies and facilities
§ 15.2-2144. Inspection of water supplies
§ 15.2-2145. Sale of water and use of streets by one city in another
§ 15.2-2146. Powers of localities to acquire certain waterworks system
§ 15.2-2147. City acquiring plant within one mile of another city
§ 15.2-2148. Contracts for water supply
§ 15.2-2149. Notice to county and State Board of Health required prior to construction
§ 15.2-2150. When approval of State Board of Health not required
§ 15.2-2152. Contents of notice to governing body; further information
§ 15.2-2153. Extensions to systems
§ 15.2-2154. Article not applicable to hotel corporations
§ 15.2-2155. Noncompliance with article; separate offenses
§ 15.2-2156. Penalty; enjoining violation
§ 15.2-2157. Onsite sewage systems when sewers not available; civil penalties
§ 15.2-2157.1. Permit for onsite sewage disposal system installation in certain counties
§ 15.2-2158. Fee for street lighting