Code of Virginia
Chapter 15 - Telegraph and Telephone Companies
§ 56-466.2. Undergrounding existing overhead distribution lines; relocation of facilities of cable operator

When an investor-owned incumbent electric utility proposes to improve electric service reliability pursuant to clause (iv) of subdivision A 6 of § 56-585.1 by installing new underground facilities to replace the utility's existing overhead distribution tap lines, if the utility owns the poles from which the existing overhead distribution tap lines are to be relocated and any cable operator of a cable television system, as those terms are defined in § 15.2-2108.19, has also attached its facilities to such poles, the utility shall provide written notice to the cable operator of the utility's intention to relocate the overhead distribution tap lines not less than 90 days prior to relocating the utility's overhead distribution lines. The cable operator shall notify the utility within 45 days of the notice of relocation whether the cable operator will relocate its facilities underground or request to remain overhead in accordance with the provisions set forth herein. If the cable operator elects to relocate its facilities underground, in such notice the cable operator may request that the utility use commercially reasonable efforts to negotiate a common shared underground easement for the facilities to be located underground of the utility and the cable operator. The cable operator shall be responsible to negotiate any additional easements that it may require. If the cable operator elects to relocate its facilities underground, the cable operator may participate with the utility in a joint relocation of the overhead lines to underground or may engage its own contractors to undertake its relocation work if it deems it appropriate to do so. The utility shall not abandon or remove the poles that the utility owns until the cable operator completes the relocation or removal of its facilities or 90 days after the completion of the relocation of the utility overhead distribution lines, whichever first occurs. If the cable operator does not elect to relocate its facilities underground and requests to maintain its facilities overhead, the utility may either (i) convey such poles "as-is" and "where-is" to the cable operator at its depreciated cost less the estimated cost of removal, provided that the cable operator may legally retain the poles that the utility intends to abandon and assumes all liability for the poles conveyed or (ii) retain ownership of its poles and allow the cable operator's existing overhead facilities to remain attached, in which case the utility shall maintain the pole in accordance with prudent utility standards, provided that the cable operator shall continue to pay its pole attachment fees and otherwise comply with its contractual obligations pursuant to the applicable pole attachment agreement. In all cases, the cable operator shall be responsible for all costs related to the relocation or maintenance of its facilities.
In instances in which an investor-owned incumbent electric utility continues to own and maintain its utility poles after the overhead distribution lines of the utility formerly on such poles have been placed underground pursuant to the foregoing provisions, then for purposes of any agreement or ordinance with respect to a cable franchise under § 15.2-2108.20 or 15.2-2108.21, the utility shall not be deemed to have converted to underground.
2017, c. 583; 2018, c. 296.

Structure Code of Virginia

Code of Virginia

Title 56 - Public Service Companies

Chapter 15 - Telegraph and Telephone Companies

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

§ 56-458.1. Relocation of lines or works of certain public utilities acquired by Commonwealth Transportation Board

§ 56-459. Removal of old line not required by this chapter

§ 56-460. How consent of appropriate authorities obtained; terms of use

§ 56-461. Cost to Commonwealth in connection with construction of line to be paid by company

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

§ 56-463. Company may contract for right-of-way, etc.

§ 56-464. Right of eminent domain

§ 56-465. Preceding sections subject to repeal or change at pleasure

§ 56-466. Location of posts, poles, cables and conduits; height of wires, etc.

§ 56-466.1. Pole attachments; cable television systems and telecommunications service providers

§ 56-466.2. Undergrounding existing overhead distribution lines; relocation of facilities of cable operator

§ 56-467. Restoring condition of ground

§ 56-468. Endangering life or limb by stringing wires across other works

§ 56-468.1. (Contingent expiration -- see Editor's note) Public Rights-of-Way Use Fee

§ 56-468.2. Reimbursement for relocation costs

§ 56-469. Repealed

§ 56-478. Repealed

§ 56-478.1. Repealed

§ 56-479. Commission to make rules; require connection between companies; inspect lines and buildings

§ 56-479.1. Long distance service; change of carriers; prior authorization

§ 56-479.2. Anti-competitive acts; injunctive relief

§ 56-479.3. Authorization and verification for products, goods, and services to be billed on a telephone bill

§ 56-479.4. Designation of eligible telecommunications carrier for purposes of providing Lifeline service

§ 56-480. Rates, etc., on file with Commission not to be questioned in courts; revision; proof

§ 56-480.1. Time limit on institution of approved rates

§ 56-480.2. Operator assistance at pay stations

§ 56-481. Repealed

§ 56-481.1. Rates, charges, and regulations for interexchange telephone service

§ 56-481.2. Rates, charges and regulations for local exchange telephone services provided by new entrants

§ 56-482. Agreements between telephone companies to be submitted to Commission

§ 56-482.1. Reports required of interexchange telephone companies

§ 56-482.2. Penalties

§ 56-483. Refusal or neglect to make reports; obstructing Commission in discharge of duties; violations in general

§ 56-484. Foreign companies to obtain license

§ 56-484.1. Definitions

§ 56-484.2. Extension or reduction upon poll of certain subscribers

§ 56-484.3. Powers of Commission not restricted; rules and regulations

§ 56-484.4. Repealed

§ 56-484.7. Repealed

§ 56-484.7:1. Offering of communications services

§ 56-484.7:2. Approval

§ 56-484.7:3. Repealed

§ 56-484.7:4. Revocation of Commission approval

§ 56-484.8. Repealed

§ 56-484.12. Definitions

§ 56-484.12:1. Repealed

§ 56-484.13. 9-1-1 Services Board; membership; terms; compensation

§ 56-484.14. Powers and duties of the 9-1-1 Services Board

§ 56-484.15. Repealed

§ 56-484.16. Local emergency telecommunications requirements; text messages; use of digits "9-1-1."

§ 56-484.16:1. PSAP dispatchers; training requirements

§ 56-484.17. Wireless E-911 Fund; uses of Fund; enforcement; audit required

§ 56-484.17:1. Collection of prepaid wireless E-911 charge at point of sale; rate established

§ 56-484.18. Designation of official State Police access number; blocking caller identification prohibited

§ 56-484.19. Definitions

§ 56-484.20. Charges for emergency calls

§ 56-484.21. Instructions for emergency calling

§ 56-484.22. Access to PSAPs from telephone stations on MLTS

§ 56-484.23. Provision of emergency call information

§ 56-484.24. Liability

§ 56-484.25. Exemption for certain counties