{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-2108.23.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-2108.23.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-2108.23.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-2108.23.html"}],"law_id":83742,"edition_id":1,"section_id":83742,"structure_id":15701,"section_number":"15.2-2108.23","catch_line":"Regulation of rights-of-way; fees","history":"2006, cc. 73, 76.","full_text":"A\n\nTo the extent that a franchised cable operator has been authorized to use the public rights-of-way in a locality and is obligated to pay a franchise fee to such locality, such cable operator shall not be subject to any occupancy, use, or similar fee, with respect to its use of such rights-of-way, by the locality or the Commonwealth Transportation Board except to the extent that such cable operator is also a certificated provider of telecommunications services and subject to the public rights-of-way use fee under &#xA7; 56-468.1. The Commonwealth Transportation Board may charge, on a nondiscriminatory basis, fees to recover the approximate actual cost incurred for the issuance of a permit to perform work within the rights-of-way and for inspections to ensure compliance with the conditions of the permit, as such fees shall be established by regulations adopted under the Administrative Process Act (&#xA7; 2.2-4000 et seq.); however, such fees may not apply to certificated providers of telecommunications services except to the extent permitted under &#xA7;&#xA7; 56-458, 56-462, and 56-468.1.B\n\nA locality may charge, on a nondiscriminatory basis, fees to recover the approximate actual cost incurred for the issuance of a permit to perform work within the rights-of-way and for inspections to ensure compliance with the conditions of the permit, as such fees existed on February 1, 1997, or as subsequently modified by ordinance; however, such fees may not apply to certificated providers of telecommunications services except to the extent permitted under &#xA7;&#xA7; 56-458, 56-462, and 56-468.1. The limitation as to fees charged for the use of the public rights-of-way shall not be applicable to pole attachments and conduit occupancy agreements between a franchised cable operator and a locality or its authority or commission, which permits such operator to use the public poles or conduits.C\n\nExcept as provided in &#xA7;&#xA7; 56-458, 56-462, and 56-468.1 and in any rules adopted by the Commonwealth Transportation Board under Article 2 (&#xA7; 33.2-208 et seq.) of Chapter 2 of Title 33.2, the cable franchise granted hereunder supersedes and replaces any and all other requirements and fees in local laws and the laws of the Commonwealth relating to the use of the public rights-of-way by a cable system or other facilities for the provision of cable service, whether such other authorizations are designated as franchises, permits, consents, ordinances, or otherwise. No cable operator that is (i) a certificated provider of telecommunications services that has previous consent to use the public rights-of-way in a locality through a franchise or (ii) a certificated provider of telecommunications services that lacked prior consent to provide cable service in a locality but provided telecommunications service over facilities leased from an entity having previous consent to use the public rights-of-way in such locality through a franchise and granted a franchise and paying fees pursuant to this section shall be required, in order to develop or operate a cable system or other facilities to provide video services, to (a) obtain consent in accordance with &#xA7;&#xA7; 15.2-2015 through 15.2-2017, &#xA7; 56-458 or 56-462, except for permits or other permission to open streets and roads, or (b) submit bids, bonds or applications in accordance with &#xA7;&#xA7; 15.2-2100 through 15.2-2105, except for reasonable performance bonds or letters of credit not in excess of $50,000. The restrictions in &#xA7;&#xA7; 15.2-2015 through 15.2-2018, 15.2-2100 through 15.2-2105, 15.2-2106 and 15.2-2107, including but not limited to the advertisement and receipt of bids for franchises, shall not apply to a cable system or other facilities used to provide cable services by a cable operator that is a certificated provider of telecommunications services with previous consent to use the public rights-of-way in a locality through a franchise, including the provision of telecommunications services over facilities leased from an entity with previous consent to use the public rights-of-way in a locality through a franchise, but without previous consent to provide cable service in that locality.","order_by":null,"text":{"0":{"id":300171,"text":"To the extent that a franchised cable operator has been authorized to use the public rights-of-way in a locality and is obligated to pay a franchise fee to such locality, such cable operator shall not be subject to any occupancy, use, or similar fee, with respect to its use of such rights-of-way, by the locality or the Commonwealth Transportation Board except to the extent that such cable operator is also a certificated provider of telecommunications services and subject to the public rights-of-way use fee under &#xA7; 56-468.1. The Commonwealth Transportation Board may charge, on a nondiscriminatory basis, fees to recover the approximate actual cost incurred for the issuance of a permit to perform work within the rights-of-way and for inspections to ensure compliance with the conditions of the permit, as such fees shall be established by regulations adopted under the Administrative Process Act (&#xA7; 2.2-4000 et seq.); however, such fees may not apply to certificated providers of telecommunications services except to the extent permitted under &#xA7;&#xA7; 56-458, 56-462, and 56-468.1.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":300172,"text":"A locality may charge, on a nondiscriminatory basis, fees to recover the approximate actual cost incurred for the issuance of a permit to perform work within the rights-of-way and for inspections to ensure compliance with the conditions of the permit, as such fees existed on February 1, 1997, or as subsequently modified by ordinance; however, such fees may not apply to certificated providers of telecommunications services except to the extent permitted under &#xA7;&#xA7; 56-458, 56-462, and 56-468.1. The limitation as to fees charged for the use of the public rights-of-way shall not be applicable to pole attachments and conduit occupancy agreements between a franchised cable operator and a locality or its authority or commission, which permits such operator to use the public poles or conduits.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":300173,"text":"Except as provided in &#xA7;&#xA7; 56-458, 56-462, and 56-468.1 and in any rules adopted by the Commonwealth Transportation Board under Article 2 (&#xA7; 33.2-208 et seq.) of Chapter 2 of Title 33.2, the cable franchise granted hereunder supersedes and replaces any and all other requirements and fees in local laws and the laws of the Commonwealth relating to the use of the public rights-of-way by a cable system or other facilities for the provision of cable service, whether such other authorizations are designated as franchises, permits, consents, ordinances, or otherwise. No cable operator that is (i) a certificated provider of telecommunications services that has previous consent to use the public rights-of-way in a locality through a franchise or (ii) a certificated provider of telecommunications services that lacked prior consent to provide cable service in a locality but provided telecommunications service over facilities leased from an entity having previous consent to use the public rights-of-way in such locality through a franchise and granted a franchise and paying fees pursuant to this section shall be required, in order to develop or operate a cable system or other facilities to provide video services, to (a) obtain consent in accordance with &#xA7;&#xA7; 15.2-2015 through 15.2-2017, &#xA7; 56-458 or 56-462, except for permits or other permission to open streets and roads, or (b) submit bids, bonds or applications in accordance with &#xA7;&#xA7; 15.2-2100 through 15.2-2105, except for reasonable performance bonds or letters of credit not in excess of $50,000. The restrictions in &#xA7;&#xA7; 15.2-2015 through 15.2-2018, 15.2-2100 through 15.2-2105, 15.2-2106 and 15.2-2107, including but not limited to the advertisement and receipt of bids for franchises, shall not apply to a cable system or other facilities used to provide cable services by a cable operator that is a certificated provider of telecommunications services with previous consent to use the public rights-of-way in a locality through a franchise, including the provision of telecommunications services over facilities leased from an entity with previous consent to use the public rights-of-way in a locality through a franchise, but without previous consent to provide cable service in that locality.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-2108.23\/","history_text":"<p>This law was first created in 2006. The record of its establishment is cataloged in chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?061+ful+CHAP0073\">73<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?061+ful+CHAP0076\">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.<\/p>","references":[{"id":73570,"section_number":"33.2-2608","catch_line":"Additional powers of the Commission","order_by":null,"url":"\/33.2-2608\/"},{"id":61854,"section_number":"33.2-3708","catch_line":"Powers of the Authority","order_by":null,"url":"\/33.2-3708\/"}],"refers_to":[{"id":72785,"section_number":"15.2-2015","catch_line":"Use of streets, etc., for transportation and utilities; removal and alteration of facilities and equipment; permits and charges","order_by":null,"url":"\/15.2-2015\/"},{"id":83597,"section_number":"15.2-2017","catch_line":"Public utilities not to use streets without consent","order_by":null,"url":"\/15.2-2017\/"},{"id":57642,"section_number":"15.2-2018","catch_line":"Use of certain public property without consent or franchise","order_by":null,"url":"\/15.2-2018\/"},{"id":71724,"section_number":"15.2-2100","catch_line":"Restrictions on selling certain municipal public property and granting franchises","order_by":null,"url":"\/15.2-2100\/"},{"id":70043,"section_number":"15.2-2105","catch_line":"How amendments made to franchise, etc.; notice required","order_by":null,"url":"\/15.2-2105\/"},{"id":76839,"section_number":"15.2-2106","catch_line":"Powers of court to enforce obedience by mandamus, etc","order_by":null,"url":"\/15.2-2106\/"},{"id":62360,"section_number":"15.2-2107","catch_line":"Persons occupying or using streets, etc., contrary to law","order_by":null,"url":"\/15.2-2107\/"},{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":79659,"section_number":"33.2-208","catch_line":"Location of routes","order_by":null,"url":"\/33.2-208\/"},{"id":84023,"section_number":"56-458","catch_line":"Right to erect lines parallel to railroads; occupation of roads, streets, etc.; location of same","order_by":null,"url":"\/56-458\/"},{"id":59741,"section_number":"56-462","catch_line":"Franchise to occupy parks, streets, etc.; imposition of terms, conditions, etc., as to use of streets, etc., and construction thereon","order_by":null,"url":"\/56-462\/"},{"id":75664,"section_number":"56-468.1","catch_line":"(Contingent expiration -- see Editor's note) Public Rights-of-Way Use Fee","order_by":null,"url":"\/56-468.1\/"}],"permalink":{"id":154477,"object_type":"law","relational_id":83742,"identifier":"15.2-2108.23","token":"15.2\/II\/21\/1.2\/15.2-2108.23","url":"\/15.2-2108.23\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-2108.23\/","token":"15.2\/II\/21\/1.2\/15.2-2108.23","dublin_core":{"Title":"Regulation of rights-of-way; fees","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-2108.23","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> To the extent that a franchised <span class=\"dictionary\">cable operator<\/span> has been authorized to use the public rights-of-way in a <span class=\"dictionary\">locality<\/span> and is obligated to pay a <span class=\"dictionary\">franchise<\/span> fee to such <span class=\"dictionary\">locality<\/span>, such <span class=\"dictionary\">cable operator<\/span> shall not be subject to any occupancy, use, or similar fee, with respect to its use of such rights-of-way, by the <span class=\"dictionary\">locality<\/span> or the Commonwealth Transportation Board except to the extent that such <span class=\"dictionary\">cable operator<\/span> is also a <span class=\"dictionary\">certificated provider of telecommunications services<\/span> and subject to the public rights-of-way use fee under &#xA7; <a class=\"law\" title=\"(Contingent expiration -- see Editor&#039;s note) Public Rights-of-Way Use Fee\" href=\"\/56-468.1\/\">56-468.1<\/a>. The Commonwealth Transportation Board may charge, on a nondiscriminatory basis, fees to recover the approximate actual cost incurred for the issuance of a permit to perform work within the rights-of-way and for inspections to ensure compliance with the conditions of the permit, as such fees shall be established by regulations adopted under the Administrative Process <span class=\"dictionary\">Act<\/span> (&#xA7; <a class=\"law\" title=\"Short title; purpose\" href=\"\/2.2-4000\/\">2.2-4000<\/a> et seq.); however, such fees may not apply to certificated providers of telecommunications services except to the extent permitted under &#xA7;&#xA7; <a class=\"law\" title=\"Right to erect lines parallel to railroads; occupation of roads, streets, etc.; location of same\" href=\"\/56-458\/\">56-458<\/a>, <a class=\"law\" title=\"Franchise to occupy parks, streets, etc.; imposition of terms, conditions, etc., as to use of streets, etc., and construction thereon\" href=\"\/56-462\/\">56-462<\/a>, and <a class=\"law\" title=\"(Contingent expiration -- see Editor&#039;s note) Public Rights-of-Way Use Fee\" href=\"\/56-468.1\/\">56-468.1<\/a>. <a id=\"paragraph-300171\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-2108.23\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> A <span class=\"dictionary\">locality<\/span> may charge, on a nondiscriminatory basis, fees to recover the approximate actual cost incurred for the issuance of a permit to perform work within the rights-of-way and for inspections to ensure compliance with the conditions of the permit, as such fees existed on February 1, 1997, or as subsequently modified by <span class=\"dictionary\">ordinance<\/span>; however, such fees may not apply to certificated providers of telecommunications services except to the extent permitted under &#xA7;&#xA7; <a class=\"law\" title=\"Right to erect lines parallel to railroads; occupation of roads, streets, etc.; location of same\" href=\"\/56-458\/\">56-458<\/a>, <a class=\"law\" title=\"Franchise to occupy parks, streets, etc.; imposition of terms, conditions, etc., as to use of streets, etc., and construction thereon\" href=\"\/56-462\/\">56-462<\/a>, and <a class=\"law\" title=\"(Contingent expiration -- see Editor&#039;s note) Public Rights-of-Way Use Fee\" href=\"\/56-468.1\/\">56-468.1<\/a>. The limitation as to fees charged for the use of the public rights-of-way shall not be applicable to pole <span class=\"dictionary\">attachments<\/span> and conduit occupancy agreements between a franchised <span class=\"dictionary\">cable operator<\/span> and a <span class=\"dictionary\">locality<\/span> or its authority or commission, which permits such operator to use the public poles or conduits. <a id=\"paragraph-300172\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-2108.23\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Except as provided in &#xA7;&#xA7; <a class=\"law\" title=\"Right to erect lines parallel to railroads; occupation of roads, streets, etc.; location of same\" href=\"\/56-458\/\">56-458<\/a>, <a class=\"law\" title=\"Franchise to occupy parks, streets, etc.; imposition of terms, conditions, etc., as to use of streets, etc., and construction thereon\" href=\"\/56-462\/\">56-462<\/a>, and <a class=\"law\" title=\"(Contingent expiration -- see Editor&#039;s note) Public Rights-of-Way Use Fee\" href=\"\/56-468.1\/\">56-468.1<\/a> and in any rules adopted by the Commonwealth Transportation Board under Article 2 (&#xA7; <a class=\"law\" title=\"Location of routes\" href=\"\/33.2-208\/\">33.2-208<\/a> et seq.) of Chapter 2 of Title 33.2, the cable <span class=\"dictionary\">franchise<\/span> granted hereunder supersedes and replaces any and all other requirements and fees in local <span class=\"dictionary\">laws<\/span> and the <span class=\"dictionary\">laws<\/span> of the Commonwealth relating to the use of the public rights-of-way by a <span class=\"dictionary\">cable system<\/span> or other facilities for the provision of <span class=\"dictionary\">cable service<\/span>, whether such other authorizations are designated as <span class=\"dictionary\">franchises<\/span>, permits, consents, <span class=\"dictionary\">ordinances<\/span>, or otherwise. No <span class=\"dictionary\">cable operator<\/span> that is (i) a <span class=\"dictionary\">certificated provider of telecommunications services<\/span> that has previous consent to use the public rights-of-way in a <span class=\"dictionary\">locality<\/span> through a <span class=\"dictionary\">franchise<\/span> or (ii) a <span class=\"dictionary\">certificated provider of telecommunications services<\/span> that lacked prior consent to provide <span class=\"dictionary\">cable service<\/span> in a <span class=\"dictionary\">locality<\/span> but provided telecommunications service over facilities leased from an entity having previous consent to use the public rights-of-way in such <span class=\"dictionary\">locality<\/span> through a <span class=\"dictionary\">franchise<\/span> and granted a <span class=\"dictionary\">franchise<\/span> and paying fees pursuant to this section shall be required, in <span class=\"dictionary\">order<\/span> to develop or operate a <span class=\"dictionary\">cable system<\/span> or other facilities to provide video services, to (a) obtain consent in accordance with &#xA7;&#xA7; <a class=\"law\" title=\"Use of streets, etc., for transportation and utilities; removal and alteration of facilities and equipment; permits and charges\" href=\"\/15.2-2015\/\">15.2-2015<\/a> through <a class=\"law\" title=\"Public utilities not to use streets without consent\" href=\"\/15.2-2017\/\">15.2-2017<\/a>, &#xA7; <a class=\"law\" title=\"Right to erect lines parallel to railroads; occupation of roads, streets, etc.; location of same\" href=\"\/56-458\/\">56-458<\/a> or <a class=\"law\" title=\"Franchise to occupy parks, streets, etc.; imposition of terms, conditions, etc., as to use of streets, etc., and construction thereon\" href=\"\/56-462\/\">56-462<\/a>, except for permits or other permission to open streets and roads, or (b) submit bids, <span class=\"dictionary\">bonds<\/span> or applications in accordance with &#xA7;&#xA7; <a class=\"law\" title=\"Restrictions on selling certain municipal public property and granting franchises\" href=\"\/15.2-2100\/\">15.2-2100<\/a> through <a class=\"law\" title=\"How amendments made to franchise, etc.; notice required\" href=\"\/15.2-2105\/\">15.2-2105<\/a>, except for reasonable performance <span class=\"dictionary\">bonds<\/span> or letters of credit not in excess of $50,000. The restrictions in &#xA7;&#xA7; <a class=\"law\" title=\"Use of streets, etc., for transportation and utilities; removal and alteration of facilities and equipment; permits and charges\" href=\"\/15.2-2015\/\">15.2-2015<\/a> through <a class=\"law\" title=\"Use of certain public property without consent or franchise\" href=\"\/15.2-2018\/\">15.2-2018<\/a>, <a class=\"law\" title=\"Restrictions on selling certain municipal public property and granting franchises\" href=\"\/15.2-2100\/\">15.2-2100<\/a> through <a class=\"law\" title=\"How amendments made to franchise, etc.; notice required\" href=\"\/15.2-2105\/\">15.2-2105<\/a>, <a class=\"law\" title=\"Powers of court to enforce obedience by mandamus, etc\" href=\"\/15.2-2106\/\">15.2-2106<\/a> and <a class=\"law\" title=\"Persons occupying or using streets, etc., contrary to law\" href=\"\/15.2-2107\/\">15.2-2107<\/a>, including but not limited to the advertisement and receipt of bids for <span class=\"dictionary\">franchises<\/span>, shall not apply to a <span class=\"dictionary\">cable system<\/span> or other facilities used to provide <span class=\"dictionary\">cable services<\/span> by a <span class=\"dictionary\">cable operator<\/span> that is a <span class=\"dictionary\">certificated provider of telecommunications services<\/span> with previous consent to use the public rights-of-way in a <span class=\"dictionary\">locality<\/span> through a <span class=\"dictionary\">franchise<\/span>, including the provision of telecommunications services over facilities leased from an entity with previous consent to use the public rights-of-way in a <span class=\"dictionary\">locality<\/span> through a <span class=\"dictionary\">franchise<\/span>, but without previous consent to provide <span class=\"dictionary\">cable service<\/span> in that <span class=\"dictionary\">locality<\/span>. <a id=\"paragraph-300173\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-2108.23\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nREGULATION OF RIGHTS-OF-WAY; FEES (\u00a7 15.2-2108.23)\n\nA. To the extent that a franchised cable operator has been authorized to use the\npublic rights-of-way in a locality and is obligated to pay a franchise fee to\nsuch locality, such cable operator shall not be subject to any occupancy, use,\nor similar fee, with respect to its use of such rights-of-way, by the locality\nor the Commonwealth Transportation Board except to the extent that such cable\noperator is also a certificated provider of telecommunications services and\nsubject to the public rights-of-way use fee under &#xA7; 56-468.1. The\nCommonwealth Transportation Board may charge, on a nondiscriminatory basis, fees\nto recover the approximate actual cost incurred for the issuance of a permit to\nperform work within the rights-of-way and for inspections to ensure compliance\nwith the conditions of the permit, as such fees shall be established by\nregulations adopted under the Administrative Process Act (&#xA7; 2.2-4000 et\nseq.); however, such fees may not apply to certificated providers of\ntelecommunications services except to the extent permitted under &#xA7;&#xA7;\n56-458, 56-462, and 56-468.1.\n\nB. A locality may charge, on a nondiscriminatory basis, fees to recover the\napproximate actual cost incurred for the issuance of a permit to perform work\nwithin the rights-of-way and for inspections to ensure compliance with the\nconditions of the permit, as such fees existed on February 1, 1997, or as\nsubsequently modified by ordinance; however, such fees may not apply to\ncertificated providers of telecommunications services except to the extent\npermitted under &#xA7;&#xA7; 56-458, 56-462, and 56-468.1. The limitation as to\nfees charged for the use of the public rights-of-way shall not be applicable to\npole attachments and conduit occupancy agreements between a franchised cable\noperator and a locality or its authority or commission, which permits such\noperator to use the public poles or conduits.\n\nC. Except as provided in &#xA7;&#xA7; 56-458, 56-462, and 56-468.1 and in any\nrules adopted by the Commonwealth Transportation Board under Article 2 (&#xA7;\n33.2-208 et seq.) of Chapter 2 of Title 33.2, the cable franchise granted\nhereunder supersedes and replaces any and all other requirements and fees in\nlocal laws and the laws of the Commonwealth relating to the use of the public\nrights-of-way by a cable system or other facilities for the provision of cable\nservice, whether such other authorizations are designated as franchises,\npermits, consents, ordinances, or otherwise. No cable operator that is (i) a\ncertificated provider of telecommunications services that has previous consent\nto use the public rights-of-way in a locality through a franchise or (ii) a\ncertificated provider of telecommunications services that lacked prior consent\nto provide cable service in a locality but provided telecommunications service\nover facilities leased from an entity having previous consent to use the public\nrights-of-way in such locality through a franchise and granted a franchise and\npaying fees pursuant to this section shall be required, in order to develop or\noperate a cable system or other facilities to provide video services, to (a)\nobtain consent in accordance with &#xA7;&#xA7; 15.2-2015 through 15.2-2017,\n&#xA7; 56-458 or 56-462, except for permits or other permission to open streets\nand roads, or (b) submit bids, bonds or applications in accordance with\n&#xA7;&#xA7; 15.2-2100 through 15.2-2105, except for reasonable performance\nbonds or letters of credit not in excess of $50,000. The restrictions in\n&#xA7;&#xA7; 15.2-2015 through 15.2-2018, 15.2-2100 through 15.2-2105, 15.2-2106\nand 15.2-2107, including but not limited to the advertisement and receipt of\nbids for franchises, shall not apply to a cable system or other facilities used\nto provide cable services by a cable operator that is a certificated provider of\ntelecommunications services with previous consent to use the public\nrights-of-way in a locality through a franchise, including the provision of\ntelecommunications services over facilities leased from an entity with previous\nconsent to use the public rights-of-way in a locality through a franchise, but\nwithout previous consent to provide cable service in that locality.\n\nHISTORY: 2006, cc. 73, 76.","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}}