{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-2108.11.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-2108.11.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-2108.11.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-2108.11.html"}],"law_id":79304,"edition_id":1,"section_id":79304,"structure_id":13605,"section_number":"15.2-2108.11","catch_line":"General operating limitations","history":"2003, c. 677; 2004, c. 586.","full_text":"A\n\nA municipality that provides a cable television service shall comply with all terms and provisions of the Cable Communications Policy Act of 1984 (47 U.S.C. § 521 et seq.) and the regulations issued by the Federal Communications Commission under such Act that would be applicable to a similarly situated private provider of cable television services.B\n\nA municipality may not cross subsidize its cable television services with:1\n\nTax dollars;2\n\nIncome from other municipal or utility services;3\n\nBelow-market rate loans from the municipality; or4\n\nAny other means.C\n\nA municipality shall not make or grant any undue or unreasonable preference or advantage to itself or to any private provider of cable television services.D\n\nA municipality shall apply, without discrimination as to itself and to any private provider, the municipality’s ordinances, rules, and policies, including those relating to (i) obligation to serve; (ii) access to public rights of way and municipal utility poles and conduits; (iii) permitting; (iv) performance bonding; (v) reporting; and (vi) quality of service.E\n\nIn calculating the rates charged by a municipality for a cable television service:1\n\nThe municipality shall include within its rates an amount equal to all taxes, fees, and other assessments that would be applicable to a similarly situated private provider of the same services, including federal, state, and local taxes; franchise fees; permit fees; pole attachment fees; and any similar fees; and2\n\nThe municipality shall not price any cable television service at a level that is less than the sum of: (i) the actual direct costs of providing the service; (ii) the actual indirect costs of providing the service; and (iii) the amount determined under subdivision E 1.F\n\nA municipality that provides cable television services shall comply with the provisions of Title 47 of the Code of Federal Regulations regarding rate and service changes.G\n\nA municipality shall offer to provide or provide cable television services to only those subscriber locations within either (i) the municipality’s electric utility service area as it existed on January 1, 2003, or (ii) the area, as of January 1, 2003, in which the municipality was providing local exchange service or Internet service over telecommunications facilities owned by the municipality, provided that a cable television franchise from any jurisdiction other than the municipality authorized herein shall be required for any service outside the municipality’s boundaries.H\n\nA municipality shall keep accurate books and records of the municipality’s cable television services. A municipality shall conduct an annual audit of its books and records associated with the municipality’s cable television services, such audit to be performed by an independent auditor approved by the Auditor of Public Accounts. Such audit shall include such criteria as the Auditor of Public Accounts deems appropriate and be filed with him, with copies to be submitted to each private provider that holds a franchise to offer service within the municipality. If, after review of such audit, the Commonwealth’s Auditor of Public Accounts determines that there are violations of this article, he shall provide public notice of same.I\n\nNotwithstanding any other provision of law, the Auditor of Public Accounts shall not disclose those portions of any comprehensive business plan that reveal marketing strategies of a municipal cable television service except as necessary to perform his duties and such information shall be otherwise exempt from public disclosure and not subject to the provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).","order_by":null,"text":{"0":{"id":283925,"text":"A municipality that provides a cable television service shall comply with all terms and provisions of the Cable Communications Policy Act of 1984 (47 U.S.C. § 521 et seq.) and the regulations issued by the Federal Communications Commission under such Act that would be applicable to a similarly situated private provider of cable television services.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":283926,"text":"A municipality may not cross subsidize its cable television services with:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":283927,"text":"Tax dollars;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":283928,"text":"Income from other municipal or utility services;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":283929,"text":"Below-market rate loans from the municipality; or","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":283930,"text":"Any other means.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"C"},"6":{"id":283931,"text":"A municipality shall not make or grant any undue or unreasonable preference or advantage to itself or to any private provider of cable television services.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B4","next_prefix":"D"},"7":{"id":283932,"text":"A municipality shall apply, without discrimination as to itself and to any private provider, the municipality’s ordinances, rules, and policies, including those relating to (i) obligation to serve; (ii) access to public rights of way and municipal utility poles and conduits; (iii) permitting; (iv) performance bonding; (v) reporting; and (vi) quality of service.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"8":{"id":283933,"text":"In calculating the rates charged by a municipality for a cable television service:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"9":{"id":283934,"text":"The municipality shall include within its rates an amount equal to all taxes, fees, and other assessments that would be applicable to a similarly situated private provider of the same services, including federal, state, and local taxes; franchise fees; permit fees; pole attachment fees; and any similar fees; and","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"10":{"id":283935,"text":"The municipality shall not price any cable television service at a level that is less than the sum of: (i) the actual direct costs of providing the service; (ii) the actual indirect costs of providing the service; and (iii) the amount determined under subdivision E 1.","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"F"},"11":{"id":283936,"text":"A municipality that provides cable television services shall comply with the provisions of Title 47 of the Code of Federal Regulations regarding rate and service changes.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E2","next_prefix":"G"},"12":{"id":283937,"text":"A municipality shall offer to provide or provide cable television services to only those subscriber locations within either (i) the municipality’s electric utility service area as it existed on January 1, 2003, or (ii) the area, as of January 1, 2003, in which the municipality was providing local exchange service or Internet service over telecommunications facilities owned by the municipality, provided that a cable television franchise from any jurisdiction other than the municipality authorized herein shall be required for any service outside the municipality’s boundaries.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"13":{"id":283938,"text":"A municipality shall keep accurate books and records of the municipality’s cable television services. A municipality shall conduct an annual audit of its books and records associated with the municipality’s cable television services, such audit to be performed by an independent auditor approved by the Auditor of Public Accounts. Such audit shall include such criteria as the Auditor of Public Accounts deems appropriate and be filed with him, with copies to be submitted to each private provider that holds a franchise to offer service within the municipality. If, after review of such audit, the Commonwealth’s Auditor of Public Accounts determines that there are violations of this article, he shall provide public notice of same.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"14":{"id":283939,"text":"Notwithstanding any other provision of law, the Auditor of Public Accounts shall not disclose those portions of any comprehensive business plan that reveal marketing strategies of a municipal cable television service except as necessary to perform his duties and such information shall be otherwise exempt from public disclosure and not subject to the provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"ancestry":[{"id":13605,"edition_id":1,"name":"Provision of Cable Television Services by Certain Localities","identifier":"1.1","label":"article","depth":4,"order_by":1,"parent_id":13192,"metadata":{},"date_created":"2026-06-26 03:45:22","date_modified":"2026-06-26 03:45:22","permalink":{"id":154389,"object_type":"structure","relational_id":13605,"identifier":"1.1","token":"15.2\/II\/21\/1.1","url":"\/15.2\/II\/21\/1.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13192,"edition_id":1,"name":"Franchises; Sale and Lease of Certain Municipal Public Property; Public Utilities","identifier":"21","label":"chapter","depth":3,"order_by":1,"parent_id":12733,"metadata":{},"date_created":"2026-06-26 03:44:25","date_modified":"2026-06-26 03:44:25","permalink":{"id":154333,"object_type":"structure","relational_id":13192,"identifier":"21","token":"15.2\/II\/21","url":"\/15.2\/II\/21\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12733,"edition_id":1,"name":"Powers of Local Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":152369,"object_type":"structure","relational_id":12733,"identifier":"II","token":"15.2\/II","url":"\/15.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12720,"edition_id":1,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":151279,"object_type":"structure","relational_id":12720,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":54573,"structure_id":13605,"section_number":"15.2-2108.10","catch_line":"Bonding authority","url":"\/15.2-2108.10\/","token":"15.2\/II\/21\/1.1\/15.2-2108.10","metadata":false},{"id":79304,"structure_id":13605,"section_number":"15.2-2108.11","catch_line":"General operating limitations","url":"\/15.2-2108.11\/","token":"15.2\/II\/21\/1.1\/15.2-2108.11","metadata":false},{"id":72468,"structure_id":13605,"section_number":"15.2-2108.12","catch_line":"Eminent domain","url":"\/15.2-2108.12\/","token":"15.2\/II\/21\/1.1\/15.2-2108.12","metadata":false},{"id":74604,"structure_id":13605,"section_number":"15.2-2108.13","catch_line":"Quality of service standards","url":"\/15.2-2108.13\/","token":"15.2\/II\/21\/1.1\/15.2-2108.13","metadata":false},{"id":72353,"structure_id":13605,"section_number":"15.2-2108.14","catch_line":"Civil action","url":"\/15.2-2108.14\/","token":"15.2\/II\/21\/1.1\/15.2-2108.14","metadata":false},{"id":67397,"structure_id":13605,"section_number":"15.2-2108.15","catch_line":"Consumer complaints","url":"\/15.2-2108.15\/","token":"15.2\/II\/21\/1.1\/15.2-2108.15","metadata":false},{"id":87318,"structure_id":13605,"section_number":"15.2-2108.16","catch_line":"Annual report","url":"\/15.2-2108.16\/","token":"15.2\/II\/21\/1.1\/15.2-2108.16","metadata":false},{"id":84475,"structure_id":13605,"section_number":"15.2-2108.17","catch_line":"Antitrust immunity","url":"\/15.2-2108.17\/","token":"15.2\/II\/21\/1.1\/15.2-2108.17","metadata":false},{"id":82208,"structure_id":13605,"section_number":"15.2-2108.18","catch_line":"Repealed","url":"\/15.2-2108.18\/","token":"15.2\/II\/21\/1.1\/15.2-2108.18","metadata":false},{"id":71298,"structure_id":13605,"section_number":"15.2-2108.2","catch_line":"Definitions","url":"\/15.2-2108.2\/","token":"15.2\/II\/21\/1.1\/15.2-2108.2","metadata":false},{"id":77461,"structure_id":13605,"section_number":"15.2-2108.3","catch_line":"Scope of article","url":"\/15.2-2108.3\/","token":"15.2\/II\/21\/1.1\/15.2-2108.3","metadata":false},{"id":73868,"structure_id":13605,"section_number":"15.2-2108.4","catch_line":"Limitations on providing cable television services","url":"\/15.2-2108.4\/","token":"15.2\/II\/21\/1.1\/15.2-2108.4","metadata":false},{"id":72996,"structure_id":13605,"section_number":"15.2-2108.5","catch_line":"Preliminary public hearing; feasibility consultant","url":"\/15.2-2108.5\/","token":"15.2\/II\/21\/1.1\/15.2-2108.5","metadata":false},{"id":80578,"structure_id":13605,"section_number":"15.2-2108.6","catch_line":"Feasibility study on providing cable television services","url":"\/15.2-2108.6\/","token":"15.2\/II\/21\/1.1\/15.2-2108.6","metadata":false},{"id":64856,"structure_id":13605,"section_number":"15.2-2108.7","catch_line":"Public hearings on feasibility study; notice","url":"\/15.2-2108.7\/","token":"15.2\/II\/21\/1.1\/15.2-2108.7","metadata":false},{"id":82767,"structure_id":13605,"section_number":"15.2-2108.8","catch_line":"Referendum","url":"\/15.2-2108.8\/","token":"15.2\/II\/21\/1.1\/15.2-2108.8","metadata":false},{"id":85820,"structure_id":13605,"section_number":"15.2-2108.9","catch_line":"Enterprise funds for cable television services","url":"\/15.2-2108.9\/","token":"15.2\/II\/21\/1.1\/15.2-2108.9","metadata":false}],"previous_section":{"id":54573,"structure_id":13605,"section_number":"15.2-2108.10","catch_line":"Bonding authority","url":"\/15.2-2108.10\/","token":"15.2\/II\/21\/1.1\/15.2-2108.10","metadata":false},"next_section":{"id":72468,"structure_id":13605,"section_number":"15.2-2108.12","catch_line":"Eminent domain","url":"\/15.2-2108.12\/","token":"15.2\/II\/21\/1.1\/15.2-2108.12","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-2108.11\/","history_text":"

This law was first created in 2003. The record of its establishment is cataloged in chapter 677<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2004, chapter 586<\/a>.<\/p>","references":false,"refers_to":[{"id":55569,"section_number":"2.2-3700","catch_line":"Short title; policy","order_by":null,"url":"\/2.2-3700\/"}],"permalink":{"id":154395,"object_type":"law","relational_id":79304,"identifier":"15.2-2108.11","token":"15.2\/II\/21\/1.1\/15.2-2108.11","url":"\/15.2-2108.11\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-2108.11\/","token":"15.2\/II\/21\/1.1\/15.2-2108.11","dublin_core":{"Title":"General operating limitations","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-2108.11","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A municipality that provides a cable television service<\/span> shall comply with all terms and provisions of the Cable Communications Policy Act of 1984 (47 U.S.C. § 521 et seq.) and the regulations issued by the Federal Communications Commission under such Act that would be applicable to a similarly situated private provider<\/span> of cable television services<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A municipality may not cross subsidize<\/span> its cable television services<\/span> with: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Tax dollars; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Income from other municipal or utility services; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Below-market rate loans from the municipality; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Any other means. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A municipality shall not make or grant any undue or unreasonable preference or advantage to itself or to any private provider<\/span> of cable television services<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A municipality shall apply, without discrimination as to itself and to any private provider<\/span>, the municipality’s ordinances<\/span>, rules, and policies, including those relating to (i) obligation to serve; (ii) access to public rights of way and municipal utility poles and conduits; (iii) permitting; (iv) performance bonding; (v) reporting; and (vi) quality of service. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In calculating the rates charged by a municipality for a cable television service<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The municipality shall include within its rates an amount equal to all taxes, fees, and other assessments that would be applicable to a similarly situated private provider<\/span> of the same services, including federal, state, and local taxes; franchise fees; permit fees; pole attachment<\/span> fees; and any similar fees; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The municipality shall not price any cable television service<\/span> at a level that is less than the sum of: (i) the actual direct costs<\/span> of providing the service; (ii) the actual indirect costs<\/span> of providing the service; and (iii) the amount determined under subdivision E 1. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> A municipality that provides cable television services<\/span> shall comply with the provisions of Title 47 of the Code of Federal Regulations regarding rate and service changes. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> A municipality shall offer to provide or provide cable television services<\/span> to only those subscriber<\/span> locations within either (i) the municipality’s electric utility service area as it existed on January 1, 2003, or (ii) the area, as of January 1, 2003, in which the municipality was providing local exchange service or Internet service over telecommunications facilities owned by the municipality, provided that a cable television franchise from any jurisdiction<\/span> other than the municipality authorized herein shall be required for any service outside the municipality’s boundaries. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> A municipality shall keep accurate books and records of the municipality’s cable television services<\/span>. A municipality shall conduct an annual audit of its books and records associated with the municipality’s cable television services<\/span>, such audit to be performed by an independent auditor approved by the Auditor of Public Accounts. Such audit shall include such criteria as the Auditor of Public Accounts deems appropriate and be filed with him, with copies to be submitted to each private provider<\/span> that holds a franchise to offer service within the municipality. If, after review of such audit, the Commonwealth’s Auditor of Public Accounts determines that there are violations of this article, he shall provide public notice of same. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Notwithstanding any other provision of law<\/span>, the Auditor of Public Accounts shall not disclose those portions of any comprehensive business plan that reveal marketing strategies of a municipal cable television service<\/span> except as necessary to perform his duties and such information shall be otherwise exempt from public disclosure and not subject to the provisions of the Virginia Freedom of Information Act (§ 2.2-3700<\/a> et seq.). <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nGENERAL OPERATING LIMITATIONS (\u00a7 15.2-2108.11)\n\nA. A municipality that provides a cable television service shall comply with all\nterms and provisions of the Cable Communications Policy Act of 1984 (47 U.S.C.\n§ 521 et seq.) and the regulations issued by the Federal Communications\nCommission under such Act that would be applicable to a similarly situated\nprivate provider of cable television services.\n\nB. A municipality may not cross subsidize its cable television services with:\n\n 1. Tax dollars;\n\n 2. Income from other municipal or utility services;\n\n 3. Below-market rate loans from the municipality; or\n\n 4. Any other means.\n\nC. A municipality shall not make or grant any undue or unreasonable preference\nor advantage to itself or to any private provider of cable television services.\n\nD. A municipality shall apply, without discrimination as to itself and to any\nprivate provider, the municipality’s ordinances, rules, and policies,\nincluding those relating to (i) obligation to serve; (ii) access to public\nrights of way and municipal utility poles and conduits; (iii) permitting; (iv)\nperformance bonding; (v) reporting; and (vi) quality of service.\n\nE. In calculating the rates charged by a municipality for a cable television\nservice:\n\n 1. The municipality shall include within its rates an amount equal to all\n taxes, fees, and other assessments that would be applicable to a similarly\n situated private provider of the same services, including federal, state, and\n local taxes; franchise fees; permit fees; pole attachment fees; and any\n similar fees; and\n\n 2. The municipality shall not price any cable television service at a level\n that is less than the sum of: (i) the actual direct costs of providing the\n service; (ii) the actual indirect costs of providing the service; and (iii)\n the amount determined under subdivision E 1.\n\nF. A municipality that provides cable television services shall comply with the\nprovisions of Title 47 of the Code of Federal Regulations regarding rate and\nservice changes.\n\nG. A municipality shall offer to provide or provide cable television services to\nonly those subscriber locations within either (i) the municipality’s\nelectric utility service area as it existed on January 1, 2003, or (ii) the\narea, as of January 1, 2003, in which the municipality was providing local\nexchange service or Internet service over telecommunications facilities owned by\nthe municipality, provided that a cable television franchise from any\njurisdiction other than the municipality authorized herein shall be required for\nany service outside the municipality’s boundaries.\n\nH. A municipality shall keep accurate books and records of the\nmunicipality’s cable television services. A municipality shall conduct an\nannual audit of its books and records associated with the municipality’s\ncable television services, such audit to be performed by an independent auditor\napproved by the Auditor of Public Accounts. Such audit shall include such\ncriteria as the Auditor of Public Accounts deems appropriate and be filed with\nhim, with copies to be submitted to each private provider that holds a franchise\nto offer service within the municipality. If, after review of such audit, the\nCommonwealth’s Auditor of Public Accounts determines that there are\nviolations of this article, he shall provide public notice of same.\n\nI. Notwithstanding any other provision of law, the Auditor of Public Accounts\nshall not disclose those portions of any comprehensive business plan that reveal\nmarketing strategies of a municipal cable television service except as necessary\nto perform his duties and such information shall be otherwise exempt from public\ndisclosure and not subject to the provisions of the Virginia Freedom of\nInformation Act (§ 2.2-3700 et seq.).\n\nHISTORY: 2003, c. 677; 2004, c. 586.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}