{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-2160.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-2160.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-2160.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-2160.html"}],"law_id":56562,"edition_id":1,"section_id":56562,"structure_id":14779,"section_number":"15.2-2160","catch_line":"Provision of telecommunications services","history":"2002, cc. 479, 489; 2003, c. 720; 2005, c. 258; 2006, cc. 73, 76; 2010, cc. 117, 210; 2016, cc. 724, 725.","full_text":"A\n\nAny locality that operates an electric distribution system may provide telecommunications services, including local exchange telephone service as defined in § 56-1, within or outside its boundaries if the locality obtains a certificate pursuant to § 56-265.4:4. Such locality may provide telecommunications services within any locality in which it has electric distribution system facilities as of March 1, 2002. Any locality providing telecommunications services on March 1, 2002, may provide telecommunications, Internet access, broadband, information, and data transmission services within any locality within 75 miles of the geographic boundaries of its electric distribution system as such system existed on March 1, 2002. The BVU Authority may provide telecommunications, Internet access, broadband, information, and data transmission services as provided in the BVU Authority Act (§ 15.2-7200 et seq.).B\n\nA locality that has obtained a certificate pursuant to § 56-265.4:4 shall (i) comply with all applicable laws and regulations for the provision of telecommunications services; (ii) make a reasonable estimate of the amount of all federal, state, and local taxes (including income taxes and consumer utility taxes) that would be required to be paid or collected for each fiscal year if the locality were a for-profit provider of telecommunications services, (iii) prepare reasonable estimates of the amount of any franchise fees and other state and local fees (including permit fees and pole rental fees), and right-of-way charges that would be incurred in each fiscal year if the locality were a for-profit provider of telecommunications services, (iv) prepare and publish annually financial statements in accordance with generally accepted accounting principles showing the results of operations of its provision of telecommunications services, and (v) maintain records demonstrating compliance with the provisions of this section that shall be made available for inspection and copying pursuant to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).C\n\nEach locality that has obtained a certificate pursuant to § 56-265.4:4 shall provide nondiscriminatory access to for-profit providers of telecommunications services on a first-come, first-served basis to rights-of-way, poles, conduits or other permanent distribution facilities owned, leased or operated by the locality unless the facilities have insufficient capacity for such access and additional capacity cannot reasonably be added to the facilities.D\n\nThe prices charged and the revenue received by a locality for providing telecommunications services shall not be cross-subsidized by other revenues of the locality or affiliated entities, except (i) in areas where no offers exist from for-profit providers of such telecommunications services, or (ii) as permitted by the provisions of subdivision B 5 of § 56-265.4:4. The provisions of this subsection shall not apply to Internet access, broadband, information, and data transmission services provided by any locality providing telecommunications services on March 1, 2002.E\n\nNo locality providing such services shall acquire by eminent domain the facilities or other property of any telecommunications service provider to offer cable, telephone, data transmission or other information or online programming services.F\n\nPublic records of a locality that has obtained a certificate pursuant to § 56-265.4:4, which records contain confidential proprietary information or trade secrets pertaining to the provision of telecommunications service, shall be exempt from disclosure under the Freedom of Information Act (§ 2.2-3700 et seq.). As used in this subsection, a public record contains confidential proprietary information or trade secrets if its acquisition by a competing provider of telecommunications services would provide the competing provider with a competitive benefit. However, the exemption provided by this subsection shall not apply to any authority created pursuant to the BVU Authority Act (§ 15.2-7200 et seq.).G\n\nAs used in this section, “locality” shall mean any county, city, town, authority, or other governmental entity which provides or seeks to provide telecommunications services. Every locality shall comply with the requirements of § 56-265.4:4 or 56-484.7:1 unless otherwise specifically exempt. Any locality that has obtained a certificate pursuant to § 56-265.4:4, and which surrenders or transfers such certificate shall continue to remain subject to subsections C, D, and E if any substantial part of its telecommunications assets or operations are transferred to an entity in which the locality has the right to appoint board members, directors, or managers.","order_by":null,"text":{"0":{"id":207021,"text":"Any locality that operates an electric distribution system may provide telecommunications services, including local exchange telephone service as defined in § 56-1, within or outside its boundaries if the locality obtains a certificate pursuant to § 56-265.4:4. Such locality may provide telecommunications services within any locality in which it has electric distribution system facilities as of March 1, 2002. Any locality providing telecommunications services on March 1, 2002, may provide telecommunications, Internet access, broadband, information, and data transmission services within any locality within 75 miles of the geographic boundaries of its electric distribution system as such system existed on March 1, 2002. The BVU Authority may provide telecommunications, Internet access, broadband, information, and data transmission services as provided in the BVU Authority Act (§ 15.2-7200 et seq.).","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":207022,"text":"A locality that has obtained a certificate pursuant to § 56-265.4:4 shall (i) comply with all applicable laws and regulations for the provision of telecommunications services; (ii) make a reasonable estimate of the amount of all federal, state, and local taxes (including income taxes and consumer utility taxes) that would be required to be paid or collected for each fiscal year if the locality were a for-profit provider of telecommunications services, (iii) prepare reasonable estimates of the amount of any franchise fees and other state and local fees (including permit fees and pole rental fees), and right-of-way charges that would be incurred in each fiscal year if the locality were a for-profit provider of telecommunications services, (iv) prepare and publish annually financial statements in accordance with generally accepted accounting principles showing the results of operations of its provision of telecommunications services, and (v) maintain records demonstrating compliance with the provisions of this section that shall be made available for inspection and copying pursuant to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":207023,"text":"Each locality that has obtained a certificate pursuant to § 56-265.4:4 shall provide nondiscriminatory access to for-profit providers of telecommunications services on a first-come, first-served basis to rights-of-way, poles, conduits or other permanent distribution facilities owned, leased or operated by the locality unless the facilities have insufficient capacity for such access and additional capacity cannot reasonably be added to the facilities.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":207024,"text":"The prices charged and the revenue received by a locality for providing telecommunications services shall not be cross-subsidized by other revenues of the locality or affiliated entities, except (i) in areas where no offers exist from for-profit providers of such telecommunications services, or (ii) as permitted by the provisions of subdivision B 5 of § 56-265.4:4. The provisions of this subsection shall not apply to Internet access, broadband, information, and data transmission services provided by any locality providing telecommunications services on March 1, 2002.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":207025,"text":"No locality providing such services shall acquire by eminent domain the facilities or other property of any telecommunications service provider to offer cable, telephone, data transmission or other information or online programming services.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":207026,"text":"Public records of a locality that has obtained a certificate pursuant to § 56-265.4:4, which records contain confidential proprietary information or trade secrets pertaining to the provision of telecommunications service, shall be exempt from disclosure under the Freedom of Information Act (§ 2.2-3700 et seq.). As used in this subsection, a public record contains confidential proprietary information or trade secrets if its acquisition by a competing provider of telecommunications services would provide the competing provider with a competitive benefit. However, the exemption provided by this subsection shall not apply to any authority created pursuant to the BVU Authority Act (§ 15.2-7200 et seq.).","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":207027,"text":"As used in this section, “locality” shall mean any county, city, town, authority, or other governmental entity which provides or seeks to provide telecommunications services. Every locality shall comply with the requirements of § 56-265.4:4 or 56-484.7:1 unless otherwise specifically exempt. Any locality that has obtained a certificate pursuant to § 56-265.4:4, and which surrenders or transfers such certificate shall continue to remain subject to subsections C, D, and E if any substantial part of its telecommunications assets or operations are transferred to an entity in which the locality has the right to appoint board members, directors, or managers.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":14779,"edition_id":1,"name":"Miscellaneous Services, etc., in Certain Localities","identifier":"7","label":"article","depth":4,"order_by":1,"parent_id":13192,"metadata":{},"date_created":"2026-06-26 03:49:51","date_modified":"2026-06-26 03:49:51","permalink":{"id":154773,"object_type":"structure","relational_id":14779,"identifier":"7","token":"15.2\/II\/21\/7","url":"\/15.2\/II\/21\/7\/","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":73804,"structure_id":14779,"section_number":"15.2-2157","catch_line":"Onsite sewage systems when sewers not available; civil penalties","url":"\/15.2-2157\/","token":"15.2\/II\/21\/7\/15.2-2157","metadata":false},{"id":83488,"structure_id":14779,"section_number":"15.2-2157.1","catch_line":"Permit for onsite sewage disposal system installation in certain counties","url":"\/15.2-2157.1\/","token":"15.2\/II\/21\/7\/15.2-2157.1","metadata":false},{"id":79158,"structure_id":14779,"section_number":"15.2-2158","catch_line":"Fee for street lighting","url":"\/15.2-2158\/","token":"15.2\/II\/21\/7\/15.2-2158","metadata":false},{"id":56557,"structure_id":14779,"section_number":"15.2-2159","catch_line":"Fee for solid waste disposal by counties","url":"\/15.2-2159\/","token":"15.2\/II\/21\/7\/15.2-2159","metadata":false},{"id":56562,"structure_id":14779,"section_number":"15.2-2160","catch_line":"Provision of telecommunications services","url":"\/15.2-2160\/","token":"15.2\/II\/21\/7\/15.2-2160","metadata":false}],"previous_section":{"id":56557,"structure_id":14779,"section_number":"15.2-2159","catch_line":"Fee for solid waste disposal by counties","url":"\/15.2-2159\/","token":"15.2\/II\/21\/7\/15.2-2159","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-2160\/","history_text":"

This law was first created in 2002. The record of its establishment is cataloged in chapters 479<\/a> and 489<\/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 5 times. 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. Those modifications are as follows: in 2003, chapter 720<\/a>; in 2005, chapter 258<\/a>; in 2006, chapters 73<\/a> and 76<\/a>; in 2010, chapters 117<\/a> and 210<\/a>; in 2016, chapters 724<\/a> and 725<\/a>.<\/p>","references":[{"id":71801,"section_number":"15.2-1500","catch_line":"Organization of local government","order_by":null,"url":"\/15.2-1500\/"},{"id":59772,"section_number":"2.2-3705.6","catch_line":"Exclusions to application of chapter; proprietary records and trade secrets","order_by":null,"url":"\/2.2-3705.6\/"},{"id":55350,"section_number":"56-265.4:4","catch_line":"Certificate to operate as a telephone utility","order_by":null,"url":"\/56-265.4_4\/"},{"id":65935,"section_number":"56-479.2","catch_line":"Anti-competitive acts; injunctive relief","order_by":null,"url":"\/56-479.2\/"},{"id":60584,"section_number":"56-484.7:1","catch_line":"Offering of communications services","order_by":null,"url":"\/56-484.7_1\/"}],"refers_to":[{"id":70201,"section_number":"15.2-7200","catch_line":"Short title","order_by":null,"url":"\/15.2-7200\/"},{"id":55569,"section_number":"2.2-3700","catch_line":"Short title; policy","order_by":null,"url":"\/2.2-3700\/"},{"id":64250,"section_number":"56-1","catch_line":"Definitions","order_by":null,"url":"\/56-1\/"},{"id":55350,"section_number":"56-265.4:4","catch_line":"Certificate to operate as a telephone utility","order_by":null,"url":"\/56-265.4_4\/"},{"id":60584,"section_number":"56-484.7:1","catch_line":"Offering of communications services","order_by":null,"url":"\/56-484.7_1\/"}],"permalink":{"id":154791,"object_type":"law","relational_id":56562,"identifier":"15.2-2160","token":"15.2\/II\/21\/7\/15.2-2160","url":"\/15.2-2160\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-2160\/","token":"15.2\/II\/21\/7\/15.2-2160","dublin_core":{"Title":"Provision of telecommunications services","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-2160","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any locality<\/span> that operates an electric distribution system may provide telecommunications services, including local exchange telephone service as defined in § 56-1<\/a>, within or outside its boundaries if the locality<\/span> obtains a certificate pursuant to § 56-265.4:4<\/a>. Such locality<\/span> may provide telecommunications services within any locality<\/span> in which it has electric distribution system facilities as of March 1, 2002. Any locality<\/span> providing telecommunications services on March 1, 2002, may provide telecommunications, Internet access, broadband, information, and data transmission services within any locality<\/span> within 75 miles of the geographic boundaries of its electric distribution system as such system existed on March 1, 2002. The BVU Authority may provide telecommunications, Internet access, broadband, information, and data transmission services as provided in the BVU Authority Act (§ 15.2-7200<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A locality<\/span> that has obtained a certificate pursuant to § 56-265.4:4<\/a> shall (i) comply with all applicable laws<\/span> and regulations for the provision of telecommunications services; (ii) make a reasonable estimate of the amount of all federal, state, and local taxes (including income taxes and consumer utility taxes) that would be required to be paid or collected for each fiscal year if the locality<\/span> were a for-profit provider of telecommunications services, (iii) prepare reasonable estimates of the amount of any franchise fees and other state and local fees (including permit fees and pole rental fees), and right-of-way charges that would be incurred in each fiscal year if the locality<\/span> were a for-profit provider of telecommunications services, (iv) prepare and publish annually financial statements in accordance with generally accepted accounting principles showing the results of operations of its provision of telecommunications services, and (v) maintain records demonstrating compliance with the provisions of this section that shall be made available for inspection and copying pursuant to the Virginia Freedom of Information Act (§ 2.2-3700<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Each locality<\/span> that has obtained a certificate pursuant to § 56-265.4:4<\/a> shall provide nondiscriminatory access to for-profit providers of telecommunications services on a first-come, first-served basis to rights-of-way, poles, conduits or other permanent distribution facilities owned, leased or operated by the locality<\/span> unless the facilities have insufficient capacity for such access and additional capacity cannot reasonably be added to the facilities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The prices charged and the revenue received by a locality<\/span> for providing telecommunications services shall not be cross-subsidized by other revenues of the locality<\/span> or affiliated entities, except (i) in areas where no offers exist from for-profit providers of such telecommunications services, or (ii) as permitted by the provisions of subdivision B 5 of § 56-265.4:4<\/a>. The provisions of this subsection shall not apply to Internet access, broadband, information, and data transmission services provided by any locality<\/span> providing telecommunications services on March 1, 2002. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> No locality<\/span> providing such services shall acquire by eminent domain the facilities or other property of any telecommunications service provider to offer cable, telephone, data transmission or other information or online programming services. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Public records of a locality<\/span> that has obtained a certificate pursuant to § 56-265.4:4<\/a>, which records contain confidential proprietary information or trade secrets pertaining to the provision of telecommunications service, shall be exempt from disclosure under the Freedom of Information Act (§ 2.2-3700<\/a> et seq.). As used in this subsection, a public record contains confidential proprietary information or trade secrets if its acquisition by a competing provider of telecommunications services would provide the competing provider with a competitive benefit. However, the exemption provided by this subsection shall not apply to any authority created pursuant to the BVU Authority Act (§ 15.2-7200<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> As used in this section, “locality<\/span>” shall mean any county<\/span>, city<\/span>, town<\/span>, authority, or other governmental entity which provides or seeks to provide telecommunications services. Every locality<\/span> shall comply with the requirements of § 56-265.4:4<\/a> or 56-484.7:1<\/a> unless otherwise specifically exempt. Any locality<\/span> that has obtained a certificate pursuant to § 56-265.4:4<\/a>, and which surrenders or transfers such certificate shall continue to remain subject to subsections C, D, and E if any substantial part of its telecommunications assets<\/span> or operations are transferred to an entity in which the locality<\/span> has the right to appoint board members, directors, or managers. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROVISION OF TELECOMMUNICATIONS SERVICES (\u00a7 15.2-2160)\n\nA. Any locality that operates an electric distribution system may provide\ntelecommunications services, including local exchange telephone service as\ndefined in § 56-1, within or outside its boundaries if the locality obtains\na certificate pursuant to § 56-265.4:4. Such locality may provide\ntelecommunications services within any locality in which it has electric\ndistribution system facilities as of March 1, 2002. Any locality providing\ntelecommunications services on March 1, 2002, may provide telecommunications,\nInternet access, broadband, information, and data transmission services within\nany locality within 75 miles of the geographic boundaries of its electric\ndistribution system as such system existed on March 1, 2002. The BVU Authority\nmay provide telecommunications, Internet access, broadband, information, and\ndata transmission services as provided in the BVU Authority Act (§\n15.2-7200 et seq.).\n\nB. A locality that has obtained a certificate pursuant to § 56-265.4:4\nshall (i) comply with all applicable laws and regulations for the provision of\ntelecommunications services; (ii) make a reasonable estimate of the amount of\nall federal, state, and local taxes (including income taxes and consumer utility\ntaxes) that would be required to be paid or collected for each fiscal year if\nthe locality were a for-profit provider of telecommunications services, (iii)\nprepare reasonable estimates of the amount of any franchise fees and other state\nand local fees (including permit fees and pole rental fees), and right-of-way\ncharges that would be incurred in each fiscal year if the locality were a\nfor-profit provider of telecommunications services, (iv) prepare and publish\nannually financial statements in accordance with generally accepted accounting\nprinciples showing the results of operations of its provision of\ntelecommunications services, and (v) maintain records demonstrating compliance\nwith the provisions of this section that shall be made available for inspection\nand copying pursuant to the Virginia Freedom of Information Act (§ 2.2-3700\net seq.).\n\nC. Each locality that has obtained a certificate pursuant to § 56-265.4:4\nshall provide nondiscriminatory access to for-profit providers of\ntelecommunications services on a first-come, first-served basis to\nrights-of-way, poles, conduits or other permanent distribution facilities owned,\nleased or operated by the locality unless the facilities have insufficient\ncapacity for such access and additional capacity cannot reasonably be added to\nthe facilities.\n\nD. The prices charged and the revenue received by a locality for providing\ntelecommunications services shall not be cross-subsidized by other revenues of\nthe locality or affiliated entities, except (i) in areas where no offers exist\nfrom for-profit providers of such telecommunications services, or (ii) as\npermitted by the provisions of subdivision B 5 of § 56-265.4:4. The\nprovisions of this subsection shall not apply to Internet access, broadband,\ninformation, and data transmission services provided by any locality providing\ntelecommunications services on March 1, 2002.\n\nE. No locality providing such services shall acquire by eminent domain the\nfacilities or other property of any telecommunications service provider to offer\ncable, telephone, data transmission or other information or online programming\nservices.\n\nF. Public records of a locality that has obtained a certificate pursuant to\n§ 56-265.4:4, which records contain confidential proprietary information or\ntrade secrets pertaining to the provision of telecommunications service, shall\nbe exempt from disclosure under the Freedom of Information Act (§ 2.2-3700\net seq.). As used in this subsection, a public record contains confidential\nproprietary information or trade secrets if its acquisition by a competing\nprovider of telecommunications services would provide the competing provider\nwith a competitive benefit. However, the exemption provided by this subsection\nshall not apply to any authority created pursuant to the BVU Authority Act\n(§ 15.2-7200 et seq.).\n\nG. As used in this section, “locality” shall mean any county, city,\ntown, authority, or other governmental entity which provides or seeks to provide\ntelecommunications services. Every locality shall comply with the requirements\nof § 56-265.4:4 or 56-484.7:1 unless otherwise specifically exempt. Any\nlocality that has obtained a certificate pursuant to § 56-265.4:4, and\nwhich surrenders or transfers such certificate shall continue to remain subject\nto subsections C, D, and E if any substantial part of its telecommunications\nassets or operations are transferred to an entity in which the locality has the\nright to appoint board members, directors, or managers.\n\nHISTORY: 2002, cc. 479, 489; 2003, c. 720; 2005, c. 258; 2006, cc. 73, 76; 2010,\ncc. 117, 210; 2016, cc. 724, 725.","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}}