{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-2108.21.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-2108.21.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-2108.21.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-2108.21.html"}],"law_id":78140,"edition_id":1,"section_id":78140,"structure_id":15701,"section_number":"15.2-2108.21","catch_line":"Ordinance cable franchises","history":"2006, cc. 73, 76; 2024, cc. 225, 242.","full_text":"A\n\nThis section shall govern the procedures by which a locality may grant ordinance cable franchises.B\n\nAn ordinance cable franchise, which shall have a term of 15 years, may be requested by (i) a certificated provider of telecommunications services with previous consent to use the public rights-of-way in a locality through a franchise; (ii) a certificated provider of telecommunications services that lacked previous consent to provide cable service in a locality but provided telecommunications services over facilities leased from an entity having previous consent to use of the public rights-of-way in such locality through a franchise; or (iii) a cable operator with previous consent to use the public rights-of-way to provide cable service in a locality through a franchise and who seeks to renew its existing cable franchise pursuant to § 15.2-2108.30 as an ordinance cable franchise. A cable operator with previous consent to use the public rights-of-way to provide cable service in a locality through a franchise may opt into the new terms of an ordinance cable franchise under § 15.2-2108.26.C\n\nIn order to obtain an ordinance cable franchise, an applicant shall first file with the chief administrative officer of the locality from which it seeks to receive such ordinance cable franchise a request to negotiate the terms and conditions of a negotiated cable franchise under § 15.2-2108.20. An applicant shall request and make itself available to participate in cable franchise negotiations with the locality from which it seeks to receive a negotiated cable franchise at least 45 calendar days prior to filing a notice electing an ordinance cable franchise; this prerequisite shall not be applicable if a locality refuses to engage in negotiations at the request of an applicant or if the applicant already holds a negotiated cable franchise from the locality. Thereafter, an applicant, through its president or chief executive officer, shall file notice with the locality that it elects to receive an ordinance cable franchise at least 30 days prior to offering cable in such locality. The notice shall be accompanied by a map or a boundary description showing (i) the initial service area in which the cable operator intends to provide cable service in the locality within the three-year period required for an initial service area and (ii) the area in the locality in which the cable operator has its telephone facilities. The map or boundary description of the initial service areas may be amended by the cable operator by filing with the locality a new map or boundary description of the initial service area.D\n\nThe cable operator shall assure that access to cable services is not denied to any group of potential residential cable subscribers because of the income of the residents of the local area in which such group resides. The local franchising authority shall have the right to monitor and inspect the deployment of cable services and the cable operator shall submit semiannual progress reports detailing the current provision of cable services in accordance with the deployment schedule and its new service area plans for the next six months. The failure to correct or remedy any material deficiencies shall be subject to the same remedies as contained in the cable television franchise of the existing cable operator as that franchise existed at the time of the grant of the ordinance franchise.E\n\nThe locality from which the applicant seeks to receive an ordinance cable franchise shall adopt any ordinance requiring adoption under this article within 120 days of the applicant filing the notice required in subsection C. Any ordinance adopted under this section that relates to a cable operator’s provision of cable service shall apply to such cable operator retroactively to the date on which the cable operator began to offer cable service in the locality pursuant to this article.F\n\nNotice of any ordinance that requires a public hearing shall be advertised as provided in § 15.2-1427. All costs of such advertising shall be assessed against the operator or applicant.G\n\nIf the governing body of any town adopts an ordinance pursuant to the provisions of this article, such town shall not be subject to any ordinance adopted by the county within which such town lies.","order_by":null,"text":{"0":{"id":280097,"text":"This section shall govern the procedures by which a locality may grant ordinance cable franchises.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":280098,"text":"An ordinance cable franchise, which shall have a term of 15 years, may be requested by (i) a certificated provider of telecommunications services with previous consent to use the public rights-of-way in a locality through a franchise; (ii) a certificated provider of telecommunications services that lacked previous consent to provide cable service in a locality but provided telecommunications services over facilities leased from an entity having previous consent to use of the public rights-of-way in such locality through a franchise; or (iii) a cable operator with previous consent to use the public rights-of-way to provide cable service in a locality through a franchise and who seeks to renew its existing cable franchise pursuant to § 15.2-2108.30 as an ordinance cable franchise. A cable operator with previous consent to use the public rights-of-way to provide cable service in a locality through a franchise may opt into the new terms of an ordinance cable franchise under § 15.2-2108.26.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":280099,"text":"In order to obtain an ordinance cable franchise, an applicant shall first file with the chief administrative officer of the locality from which it seeks to receive such ordinance cable franchise a request to negotiate the terms and conditions of a negotiated cable franchise under § 15.2-2108.20. An applicant shall request and make itself available to participate in cable franchise negotiations with the locality from which it seeks to receive a negotiated cable franchise at least 45 calendar days prior to filing a notice electing an ordinance cable franchise; this prerequisite shall not be applicable if a locality refuses to engage in negotiations at the request of an applicant or if the applicant already holds a negotiated cable franchise from the locality. Thereafter, an applicant, through its president or chief executive officer, shall file notice with the locality that it elects to receive an ordinance cable franchise at least 30 days prior to offering cable in such locality. The notice shall be accompanied by a map or a boundary description showing (i) the initial service area in which the cable operator intends to provide cable service in the locality within the three-year period required for an initial service area and (ii) the area in the locality in which the cable operator has its telephone facilities. The map or boundary description of the initial service areas may be amended by the cable operator by filing with the locality a new map or boundary description of the initial service area.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":280100,"text":"The cable operator shall assure that access to cable services is not denied to any group of potential residential cable subscribers because of the income of the residents of the local area in which such group resides. The local franchising authority shall have the right to monitor and inspect the deployment of cable services and the cable operator shall submit semiannual progress reports detailing the current provision of cable services in accordance with the deployment schedule and its new service area plans for the next six months. The failure to correct or remedy any material deficiencies shall be subject to the same remedies as contained in the cable television franchise of the existing cable operator as that franchise existed at the time of the grant of the ordinance franchise.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":280101,"text":"The locality from which the applicant seeks to receive an ordinance cable franchise shall adopt any ordinance requiring adoption under this article within 120 days of the applicant filing the notice required in subsection C. Any ordinance adopted under this section that relates to a cable operator’s provision of cable service shall apply to such cable operator retroactively to the date on which the cable operator began to offer cable service in the locality pursuant to this article.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":280102,"text":"Notice of any ordinance that requires a public hearing shall be advertised as provided in § 15.2-1427. All costs of such advertising shall be assessed against the operator or applicant.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":280103,"text":"If the governing body of any town adopts an ordinance pursuant to the provisions of this article, such town shall not be subject to any ordinance adopted by the county within which such town lies.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":15701,"edition_id":1,"name":"Licensing and Regulation of Cable Television Systems","identifier":"1.2","label":"article","depth":4,"order_by":1,"parent_id":13192,"metadata":{},"date_created":"2026-06-26 03:58:04","date_modified":"2026-06-26 03:58:04","permalink":{"id":154459,"object_type":"structure","relational_id":15701,"identifier":"1.2","token":"15.2\/II\/21\/1.2","url":"\/15.2\/II\/21\/1.2\/","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":62043,"structure_id":15701,"section_number":"15.2-2108.19","catch_line":"Definitions","url":"\/15.2-2108.19\/","token":"15.2\/II\/21\/1.2\/15.2-2108.19","metadata":false},{"id":70700,"structure_id":15701,"section_number":"15.2-2108.20","catch_line":"Authority to grant negotiated cable franchises and regulate cable systems","url":"\/15.2-2108.20\/","token":"15.2\/II\/21\/1.2\/15.2-2108.20","metadata":false},{"id":78140,"structure_id":15701,"section_number":"15.2-2108.21","catch_line":"Ordinance cable franchises","url":"\/15.2-2108.21\/","token":"15.2\/II\/21\/1.2\/15.2-2108.21","metadata":false},{"id":63465,"structure_id":15701,"section_number":"15.2-2108.22","catch_line":"Regulation of fees, rates and services; penalties","url":"\/15.2-2108.22\/","token":"15.2\/II\/21\/1.2\/15.2-2108.22","metadata":false},{"id":83742,"structure_id":15701,"section_number":"15.2-2108.23","catch_line":"Regulation of rights-of-way; fees","url":"\/15.2-2108.23\/","token":"15.2\/II\/21\/1.2\/15.2-2108.23","metadata":false},{"id":60433,"structure_id":15701,"section_number":"15.2-2108.24","catch_line":"Regulation of facility construction or rights-of-way management requirements for certain cable operators","url":"\/15.2-2108.24\/","token":"15.2\/II\/21\/1.2\/15.2-2108.24","metadata":false},{"id":70164,"structure_id":15701,"section_number":"15.2-2108.25","catch_line":"Itemization","url":"\/15.2-2108.25\/","token":"15.2\/II\/21\/1.2\/15.2-2108.25","metadata":false},{"id":68476,"structure_id":15701,"section_number":"15.2-2108.26","catch_line":"Reciprocity","url":"\/15.2-2108.26\/","token":"15.2\/II\/21\/1.2\/15.2-2108.26","metadata":false},{"id":66038,"structure_id":15701,"section_number":"15.2-2108.27","catch_line":"Modification","url":"\/15.2-2108.27\/","token":"15.2\/II\/21\/1.2\/15.2-2108.27","metadata":false},{"id":64460,"structure_id":15701,"section_number":"15.2-2108.28","catch_line":"Transfer","url":"\/15.2-2108.28\/","token":"15.2\/II\/21\/1.2\/15.2-2108.28","metadata":false},{"id":78409,"structure_id":15701,"section_number":"15.2-2108.29","catch_line":"Surrender","url":"\/15.2-2108.29\/","token":"15.2\/II\/21\/1.2\/15.2-2108.29","metadata":false},{"id":81245,"structure_id":15701,"section_number":"15.2-2108.30","catch_line":"Renewal","url":"\/15.2-2108.30\/","token":"15.2\/II\/21\/1.2\/15.2-2108.30","metadata":false},{"id":68185,"structure_id":15701,"section_number":"15.2-2108.31","catch_line":"Article construed","url":"\/15.2-2108.31\/","token":"15.2\/II\/21\/1.2\/15.2-2108.31","metadata":false},{"id":60147,"structure_id":15701,"section_number":"15.2-2108.32","catch_line":"Application of article to certain localities","url":"\/15.2-2108.32\/","token":"15.2\/II\/21\/1.2\/15.2-2108.32","metadata":false}],"previous_section":{"id":70700,"structure_id":15701,"section_number":"15.2-2108.20","catch_line":"Authority to grant negotiated cable franchises and regulate cable systems","url":"\/15.2-2108.20\/","token":"15.2\/II\/21\/1.2\/15.2-2108.20","metadata":false},"next_section":{"id":63465,"structure_id":15701,"section_number":"15.2-2108.22","catch_line":"Regulation of fees, rates and services; penalties","url":"\/15.2-2108.22\/","token":"15.2\/II\/21\/1.2\/15.2-2108.22","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-2108.21\/","history_text":"

This law was first created in 2006. The record of its establishment is cataloged in chapters 73<\/a> and 76<\/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 2024, chapters 225<\/a> and 242<\/a>.<\/p>","references":[{"id":62043,"section_number":"15.2-2108.19","catch_line":"Definitions","order_by":null,"url":"\/15.2-2108.19\/"},{"id":63465,"section_number":"15.2-2108.22","catch_line":"Regulation of fees, rates and services; penalties","order_by":null,"url":"\/15.2-2108.22\/"},{"id":84760,"section_number":"56-466.2","catch_line":"Undergrounding existing overhead distribution lines; relocation of facilities of cable operator","order_by":null,"url":"\/56-466.2\/"}],"refers_to":[{"id":65433,"section_number":"15.2-1427","catch_line":"Adoption of ordinances and resolutions generally; amending or repealing ordinances","order_by":null,"url":"\/15.2-1427\/"},{"id":70700,"section_number":"15.2-2108.20","catch_line":"Authority to grant negotiated cable franchises and regulate cable systems","order_by":null,"url":"\/15.2-2108.20\/"},{"id":81245,"section_number":"15.2-2108.30","catch_line":"Renewal","order_by":null,"url":"\/15.2-2108.30\/"}],"permalink":{"id":154469,"object_type":"law","relational_id":78140,"identifier":"15.2-2108.21","token":"15.2\/II\/21\/1.2\/15.2-2108.21","url":"\/15.2-2108.21\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-2108.21\/","token":"15.2\/II\/21\/1.2\/15.2-2108.21","dublin_core":{"Title":"Ordinance cable franchises","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-2108.21","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> This section shall govern the procedures by which a locality<\/span> may grant ordinance<\/span> cable franchises<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> An ordinance<\/span> cable franchise<\/span>, which shall have a term of 15 years, may be requested by (i) a certificated provider of telecommunications services<\/span> with previous consent to use the public rights-of-way in a locality<\/span> through a franchise<\/span>; (ii) a certificated provider of telecommunications services<\/span> that lacked previous consent to provide cable service<\/span> in a locality<\/span> but provided telecommunications services over facilities leased from an entity having previous consent to use of the public rights-of-way in such locality<\/span> through a franchise<\/span>; or (iii) a cable operator<\/span> with previous consent to use the public rights-of-way to provide cable service<\/span> in a locality<\/span> through a franchise<\/span> and who seeks to renew its existing cable franchise<\/span> pursuant to § 15.2-2108.30<\/a> as an ordinance<\/span> cable franchise<\/span>. A cable operator<\/span> with previous consent to use the public rights-of-way to provide cable service<\/span> in a locality<\/span> through a franchise<\/span> may opt into the new terms of an ordinance<\/span> cable franchise<\/span> under § 15.2-2108.26<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In order<\/span> to obtain an ordinance<\/span> cable franchise<\/span>, an applicant shall first file with the chief administrative officer of the locality<\/span> from which it seeks to receive such ordinance<\/span> cable franchise<\/span> a request to negotiate the terms and conditions of a negotiated cable franchise<\/span> under § 15.2-2108.20<\/a>. An applicant shall request and make itself available to participate in cable franchise<\/span> negotiations with the locality<\/span> from which it seeks to receive a negotiated cable franchise<\/span> at least 45 calendar days prior to filing a notice electing an ordinance<\/span> cable franchise<\/span>; this prerequisite shall not be applicable if a locality<\/span> refuses to engage in negotiations at the request of an applicant or if the applicant already holds a negotiated cable franchise<\/span> from the locality<\/span>. Thereafter, an applicant, through its president or chief executive officer, shall file notice with the locality<\/span> that it elects to receive an ordinance<\/span> cable franchise<\/span> at least 30 days prior to offering cable in such locality<\/span>. The notice shall be accompanied by a map or a boundary description showing (i) the initial service area in which the cable operator<\/span> intends to provide cable service<\/span> in the locality<\/span> within the three-year period required for an initial service area and (ii) the area in the locality<\/span> in which the cable operator<\/span> has its telephone facilities. The map or boundary description of the initial service areas may be amended by the cable operator<\/span> by filing with the locality<\/span> a new map or boundary description of the initial service area. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The cable operator<\/span> shall assure that access to cable services<\/span> is not denied to any group of potential residential cable subscribers because of the income of the residents of the local area in which such group resides. The local franchising authority shall have the right to monitor and inspect the deployment of cable services<\/span> and the cable operator<\/span> shall submit semiannual progress reports detailing the current provision of cable services<\/span> in accordance with the deployment schedule and its new service area plans for the next six months. The failure to correct or remedy any material<\/span> deficiencies shall be subject to the same remedies as contained in the cable television franchise<\/span> of the existing cable operator<\/span> as that franchise<\/span> existed at the time of the grant of the ordinance<\/span> franchise<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The locality<\/span> from which the applicant seeks to receive an ordinance<\/span> cable franchise<\/span> shall adopt any ordinance<\/span> requiring adoption under this article within 120 days of the applicant filing the notice required in subsection C. Any ordinance<\/span> adopted under this section that relates to a cable operator<\/span>’s provision of cable service<\/span> shall apply to such cable operator<\/span> retroactively to the date on which the cable operator<\/span> began to offer cable service<\/span> in the locality<\/span> pursuant to this article. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Notice of any ordinance<\/span> that requires a public hearing<\/span> shall be advertised as provided in § 15.2-1427<\/a>. All costs of such advertising shall be assessed against the operator or applicant. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> If the governing body<\/span> of any town<\/span> adopts an ordinance<\/span> pursuant to the provisions of this article, such town<\/span> shall not be subject to any ordinance<\/span> adopted by the county<\/span> within which such town<\/span> lies. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nORDINANCE CABLE FRANCHISES (\u00a7 15.2-2108.21)\n\nA. This section shall govern the procedures by which a locality may grant\nordinance cable franchises.\n\nB. An ordinance cable franchise, which shall have a term of 15 years, may be\nrequested by (i) a certificated provider of telecommunications services with\nprevious consent to use the public rights-of-way in a locality through a\nfranchise; (ii) a certificated provider of telecommunications services that\nlacked previous consent to provide cable service in a locality but provided\ntelecommunications services over facilities leased from an entity having\nprevious consent to use of the public rights-of-way in such locality through a\nfranchise; or (iii) a cable operator with previous consent to use the public\nrights-of-way to provide cable service in a locality through a franchise and who\nseeks to renew its existing cable franchise pursuant to § 15.2-2108.30 as\nan ordinance cable franchise. A cable operator with previous consent to use the\npublic rights-of-way to provide cable service in a locality through a franchise\nmay opt into the new terms of an ordinance cable franchise under §\n15.2-2108.26.\n\nC. In order to obtain an ordinance cable franchise, an applicant shall first\nfile with the chief administrative officer of the locality from which it seeks\nto receive such ordinance cable franchise a request to negotiate the terms and\nconditions of a negotiated cable franchise under § 15.2-2108.20. An\napplicant shall request and make itself available to participate in cable\nfranchise negotiations with the locality from which it seeks to receive a\nnegotiated cable franchise at least 45 calendar days prior to filing a notice\nelecting an ordinance cable franchise; this prerequisite shall not be applicable\nif a locality refuses to engage in negotiations at the request of an applicant\nor if the applicant already holds a negotiated cable franchise from the\nlocality. Thereafter, an applicant, through its president or chief executive\nofficer, shall file notice with the locality that it elects to receive an\nordinance cable franchise at least 30 days prior to offering cable in such\nlocality. The notice shall be accompanied by a map or a boundary description\nshowing (i) the initial service area in which the cable operator intends to\nprovide cable service in the locality within the three-year period required for\nan initial service area and (ii) the area in the locality in which the cable\noperator has its telephone facilities. The map or boundary description of the\ninitial service areas may be amended by the cable operator by filing with the\nlocality a new map or boundary description of the initial service area.\n\nD. The cable operator shall assure that access to cable services is not denied\nto any group of potential residential cable subscribers because of the income of\nthe residents of the local area in which such group resides. The local\nfranchising authority shall have the right to monitor and inspect the deployment\nof cable services and the cable operator shall submit semiannual progress\nreports detailing the current provision of cable services in accordance with the\ndeployment schedule and its new service area plans for the next six months. The\nfailure to correct or remedy any material deficiencies shall be subject to the\nsame remedies as contained in the cable television franchise of the existing\ncable operator as that franchise existed at the time of the grant of the\nordinance franchise.\n\nE. The locality from which the applicant seeks to receive an ordinance cable\nfranchise shall adopt any ordinance requiring adoption under this article within\n120 days of the applicant filing the notice required in subsection C. Any\nordinance adopted under this section that relates to a cable operator’s\nprovision of cable service shall apply to such cable operator retroactively to\nthe date on which the cable operator began to offer cable service in the\nlocality pursuant to this article.\n\nF. Notice of any ordinance that requires a public hearing shall be advertised as\nprovided in § 15.2-1427. All costs of such advertising shall be assessed\nagainst the operator or applicant.\n\nG. If the governing body of any town adopts an ordinance pursuant to the\nprovisions of this article, such town shall not be subject to any ordinance\nadopted by the county within which such town lies.\n\nHISTORY: 2006, cc. 73, 76; 2024, cc. 225, 242.","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}}