Code of Virginia
Chapter 15 - Telegraph and Telephone Companies
§ 56-484.7:1. Offering of communications services

A. A county, city, town, electric commission or board, industrial development authority, or economic development authority, other than one in a locality that (i) is eligible to provide telecommunications services pursuant to § 15.2-2160 and (ii) has a population in excess of 30,000, may offer qualifying communications services, or enter into public-private partnerships to offer such qualifying communications services, in accordance with the provisions of this article. For purposes of this article, a "qualifying communications service" is a communications service, which shall include but is not limited to, high-speed data service and Internet access service, of general application, but excluding any cable television or other multi-channel video programming services. The county, city, town, electric commission or board, industrial development authority, or economic development authority shall demonstrate in its petition that the qualifying communications services do not meet the standard set forth in § 56-484.7:2 within the geographic area specified in the petition. No such services shall be offered unless, prior to offering such services: (i) the county, city, town, electric commission or board, industrial development authority or economic development authority petitions the Commission to approve the offering of such qualifying communications services within a specified geographic area and (ii) the Commission, after notice and an opportunity for hearing in the affected area, issues a written order approving the petition or fails to approve or disapprove the petition within 60 days after notice. The 60-day period may be extended by Commission order for a period not to exceed an additional 60 days. The petition shall be deemed approved if the Commission fails to act within 60 days after notice or any extended period ordered by the Commission.
B. Each county, city, town, electric commission or board, industrial development authority, or economic development authority that provides communications services pursuant to this article shall provide nondiscriminatory access to for-profit providers of communications services on a first-come, first-served basis to rights-of-way, poles, conduits or other permanent distribution facilities owned, leased or operated by the county, city, town, electric commission or board, industrial development authority, or economic development authority unless the facilities have insufficient capacity for such access and additional capacity cannot reasonably 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 for providing communications services shall not be set at a price for the service lower than the prices charged by any incumbent provider for a functionally equivalent service that is as generally available from such incumbent as it is from such governmental entity.
D. No county, city, town, electric commission or board, industrial development authority, or economic development authority providing such qualifying communications services shall acquire by eminent domain the facilities or other property of any communications service provider to offer cable, telephone, data transmission or other information or online programming services.
E. The Commission may promulgate rules necessary to implement this section.
1999, c. 916; 2002, cc. 479, 489; 2003, cc. 677, 711.

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