A. After July 1, 1998, certificated providers of telecommunications services shall receive reimbursement for eligible relocation costs incurred at the direction of a locality that imposes by ordinance the Public Rights-of-Way Use Fee or the Department of Transportation for new installations as defined in § 56-468.1 in any public rights-of-way in accordance with §§ 56-458 and 56-462 on the basis of age and according to the following schedule. Such reimbursement shall be received from either (i) the locality that granted the permit or franchise to use such right-of-way or (ii) the Commonwealth Transportation Board if the road or street is in the primary or secondary state highway system:
1. For the first three years after the completion of the installation, the certificated provider of telecommunications service shall be reimbursed 100 percent of the eligible cost for the relocation of facilities installed in the public rights-of-way.
2. For the fourth through sixth year after the completion of the installation, the certificated provider of telecommunications service shall be reimbursed 50 percent of the eligible cost for the relocation of facilities installed in the public rights-of-way.
3. Beginning in the seventh year, the certificated provider of telecommunications service shall be responsible for the cost of relocating facilities installed in the public rights-of-way.
Such reimbursement shall be received from either (i) the locality that granted the permit or franchise to use such right-of-way or (ii) the Commonwealth Transportation Board if the road or street is in the primary or secondary state highway system.
B. The amount of relocation reimbursement in any fiscal year to be reimbursed under this section shall not exceed the amount of Public Rights-of-Way Use Fees received by that locality either directly or through its secondary highway fund apportionment in the preceding fiscal year. For facilities relocated in 1998 and 1999 at the direction of the locality or the Commonwealth Transportation Board, this limit on relocation reimbursement shall be the estimated annualized fees to be collected in that locality in 1998 for 1998 relocations and in 1999 for 1999 relocations. If the relocation reimbursement limit will be exhausted on a relocation project where two or more certificated providers of telecommunications service are eligible for relocation reimbursement, then the moneys available under the cap shall be shared by those eligible providers by prorating the reimbursement based on the reimbursement to which each provider would be entitled absent the limit.
1998, cc. 742, 758; 2015, c. 256.
Structure Code of Virginia
Title 56 - Public Service Companies
Chapter 15 - Telegraph and Telephone Companies
§ 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
§ 56-463. 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
§ 56-467. 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
§ 56-479.1. Long distance service; change of carriers; prior authorization
§ 56-479.2. Anti-competitive acts; injunctive relief
§ 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
§ 56-481.1. Rates, charges, and regulations for interexchange telephone service
§ 56-482. Agreements between telephone companies to be submitted to Commission
§ 56-482.1. Reports required of interexchange telephone companies
§ 56-484. Foreign companies to obtain license
§ 56-484.2. Extension or reduction upon poll of certain subscribers
§ 56-484.3. Powers of Commission not restricted; rules and regulations
§ 56-484.7:1. Offering of communications services
§ 56-484.7:4. Revocation of Commission approval
§ 56-484.13. 9-1-1 Services Board; membership; terms; compensation
§ 56-484.14. Powers and duties of the 9-1-1 Services Board
§ 56-484.16. 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
§ 56-484.20. Charges for emergency calls
§ 56-484.21. Instructions for emergency calling
§ 56-484.22. Access to PSAPs from telephone stations on MLTS