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Article 1. Broadband Enhancement Council
§31G-1-1. Legislative Findings and Purpose - The Legislature finds as follows: (1) That it is a...
§31G-1-2. Definitions - For the purposes of this article: (1) “Broadband” or “broadband...
§31G-1-3. Broadband Enhancement Council; Members of Council; Administrative Support - (a) The Broadband Enhancement Council is hereby continued. The current...
§31G-1-4. Powers and Duties of the Council Generally - (a) The council shall: (1) Explore any and all ways...
§31G-1-5. Creation of the Broadband Enhancement Fund - All moneys collected by the council, which may, in addition...
§31G-1-6. Mapping of Areas Within State - [Repealed]
§31G-1-7. Retention of Outside Expert Consultant - (a) In order to assist the council with the highly...
§31G-1-8. Public Awareness and Education - In order to implement and carry out the intent of...
§31G-1-9. Collection of Data - [Repealed]
§31G-1-11. Voluntary Donation and Easement Programs - (a) The council shall create guidelines for, and recommend to...
§31G-1-12. Grants - [Repealed]
§31G-1-13. Protection of Proprietary Business Information - (a) Broadband deployment information provided to the council or its...
§31G-1-14. Legislative Rule-Making Authority - In order to implement and carry out the intent of...
Article 1A. Office of Broadband
§31G-1A-1. Office of Broadband; Director of Office - There is hereby established an Office of Broadband, which shall...
§31G-1A-2. Powers and Duties of the Office of Broadband Generally - (a) The Office of Broadband shall have the following duties:...
§31G-1A-3. Mapping of Areas Within State - (a) Based on its analysis of data, broadband demand, and...
§31G-1A-4. Collection of Data - (a) In order to ascertain, categorize, analyze, map, and update...
§31G-1A-5. Protection of Proprietary Business Information - (a) Broadband deployment information provided to the Office of Broadband...
§31G-1A-6. Legislative Rule-Making Authority - In order to implement and carry out the intent of...
§31G-1A-7. Broadband Development Fund - (a) The Broadband Development Fund is hereby created in the...
Article 2. Cooperative Associations
§31G-2-1. Definitions - As used in this article: (1) “Cooperative association” or “association”...
§31G-2-2. Who May Organize - Notwithstanding any provision of this code to the contrary, twenty...
§31G-2-3. Legislative Findings and Purposes - (a) It is the finding of the Legislature that: (1)...
§31G-2-4. Powers - (a) A cooperative association shall have the following powers: (1)...
§31G-2-5. Members - (a) Under the terms and conditions prescribed in the bylaws...
§31G-2-6. Articles of Incorporation - Each association formed under this article shall prepare and file...
§31G-2-7. Amendments to Articles of Incorporation - The articles of incorporation may be altered or amended at...
§31G-2-8. Bylaws - Each association incorporated under this article, must, within thirty days...
§31G-2-9. General and Special Meetings - In its bylaws, each association shall provide for one or...
§31G-2-10. Directors - (a) The affairs of the association shall be managed by...
§31G-2-11. Officers - The directors shall elect from their number a president and...
§31G-2-12. Officers, Employees and Agents to Be Bonded - Every officer, employee and agent handling funds or negotiable instruments...
§31G-2-13. Stock; Membership Certificate; Voting; Liability; Limitations on Transfer and Ownership - (a) When a member of an association established without capital...
§31G-2-14. Removal of Officer or Director - (a) Any member may bring charges against an officer or...
§31G-2-15. Referendum - Upon demand of one third of the entire board of...
§31G-2-16. Marketing Contract - The association and its members may take and execute marketing...
§31G-2-17. Remedies for Breach of Contract - The bylaws or the marketing contract may fix, as liquidated...
§31G-2-18. Purchasing Property of Other Associations, Persons, Firms or Corporations - Whenever an association, organized under this article with preferred capital...
§31G-2-19. Annual Reports - Each association formed under this article shall prepare an annual...
§31G-2-20. Conflicting Laws Not to Apply - Any provisions of law which are in conflict with this...
§31G-2-21. Interest in Other Corporations or Associations - An association may organize, form, operate, own, control, have an...
§31G-2-22. Contracts and Agreements With Other Associations - Any association may, upon resolution adopted by its board of...
§31G-2-23. Rights and Remedies Apply to Similar Associations of Other States - Any corporation or association heretofore or hereafter organized under generally...
§31G-2-24. Associations Heretofore Organized May Adopt Provisions of Article - Any corporation or association organized in this state under previously...
§31G-2-25. Liability as to Delivery of Products in Violation of Marketing Agreements - Any person who solicits, persuades or permits any member of...
§31G-2-26. Associations to Be Deemed Not in Restraint of Trade - No association organized under this article and complying with the...
§31G-2-27. Application of Business Corporation Laws; Nonprofit Corporation Laws - The provisions of the business corporation laws in chapter thirty-one-d...
Article 3. Conduit Installation; Microtrenching
§31G-3-1. Definitions - Microtrenching” means a technique of deploying cables, including specifically for...
§31G-3-2. Microtrenching Permitted; Notification - (a) A person may perform microtrenching, where such is feasible,...
§31G-3-3. Conduit Installation or Fiber Installation by Counties, Municipalities, and Other Political Subdivisions - (a) Notwithstanding any other provision of this code to the...
§31G-3-4. Compatible Use - (a) A broadband operator shall be authorized to construct or...
Article 4. Make-Ready Pole Access
§31G-4-1. Definitions - As used in this article, the following terms are defined...
§31G-4-2. Attachment to Third Party Facilities - (a) Upon approval of an Attachment Application, an Attacher may...
§31G-4-3. Exceptions - (a) Notwithstanding any provision of this code to the contrary,...
§31G-4-4. Public Service Commission Jurisdiction; Rulemaking; Enforcement - (a) The Public Service Commission shall possess and exercise regulatory...
§31G-4-5. Electric Power Utilities; Feasibility Study for Providing Broadband Services; Public Service Commission to Assist; Proposed Legislation to Be Developed; Report - (a) For purposes of this section: (1) "Commission" shall mean...
§31G-4-5a. Electric Cooperative Providing Broadband Services - An electric cooperative organized pursuant to state and federal law,...
§31G-4-6. Severability - Pursuant to §2-2-10 of this code, if any provision of...
§31G-4-7. Ready Pole Access Notification and Cost Sharing - A pole owner or manager which has determined a utility...
Article 5. Vertical Real Estate Management and Availability Act
§31G-5-1. Short Title - This article shall be known and cited as the Vertical...
§31G-5-2. Definitions - For the purposes of this article unless the context otherwise...
§31G-5-3. Management of Vertical Real Estate - (a) Beginning on July 1, 2020, the Department of Administration...
§31G-5-4. Exceptions to the Management of Vertical Real Estate - Any vertical real estate shall be exempted from management if:...
Article 6. Pre-Emption of Conflicting Local Ordinances and Private Restrictions
§31G-6-1. Pre-Emption in Favor of Broadband Services; Construction of Language in Agreements - (a) Notwithstanding any other provision of the West Virginia Code...
§31G-6-2. Pre-Emption in Favor of Broadband Service in Pole Attachments; Construction of Language in Pole Attachment Agreements - (a) Notwithstanding any other provision of the West Virginia Code...