{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/56-462.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/56-462.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/56-462.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/56-462.html"}],"law_id":59741,"edition_id":1,"section_id":59741,"structure_id":15083,"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","history":"Code 1919, \u00a7 4038; 1926, p. 909; 1971, Ex. Sess., c. 40; 1997, cc. 474, 515; 1998, cc. 742, 758; 2002, cc. 479, 489; 2006, c. 780; 2013, cc. 585, 646.","full_text":"A\n\nNo incorporated city or town shall grant to any such telegraph or telephone corporation the right to erect its poles, wires, or cables, or to lay its conduits upon or beneath its parks, streets, avenues, or alleys until such company shall have first obtained, in the manner prescribed by the laws of this Commonwealth, the franchise to occupy the same. Any city or town may impose upon any such corporation any terms and conditions consistent herewith and supplemental hereto, as to the occupation and use of its parks, streets, avenues, and alleys, and as to the construction and maintenance of the facilities of such company along, over, or under the same, that the city or town may deem expedient and proper. The Department of Transportation may also impose upon any such company any terms, rules, regulations, requirements, restrictions and conditions consistent herewith and supplemental hereto, as to the occupation and use of roads and streets in either state highway system, and as to the construction, operation or maintenance of the works along, over, or under the same, which the Department may deem expedient and proper, but not in conflict, in incorporated cities and towns, with any vested contractual rights of any such company with such city or town.B\n\nNo locality or the Department of Transportation shall impose any fees on a certificated provider of telecommunications service for the use of public rights-of-way except in the manner prescribed in &#xA7; 56-468.1; however, the provisions of &#xA7; 56-468.1 shall not apply to providers of commercial mobile radio services.C\n\nNo locality or the Department of Transportation shall impose on certificated providers of telecommunications service, whether by franchise, ordinance or other means, any restrictions or requirements concerning the use of the public rights-of-way (including but not limited to the permitting process; notice, time and location of excavations and repair work; enforcement of the statewide building code; and inspections), which are (i) unfair or unreasonable or (ii) any greater than those imposed on the following users of the public rights-of-way: all providers of telecommunications services and nonpublic providers of cable television, electric, natural gas, water and sanitary sewer services. For purposes of this subsection, &#8220;restrictions or requirements concerning the use of the public rights-of-way&#8221; shall not include any existing franchise fee or the Public Rights-of-Way Use Fee.D\n\nNotwithstanding any other provision of law, any permit or other permission required by a locality pursuant to a franchise, ordinance, or other permission to use the public rights-of-way or by the Department of Transportation of a certificated provider of telecommunications services to use the public rights-of-way shall be granted or denied within 45 days from submission and, if denied, accompanied by a written explanation of the reasons the permit was denied and the actions required to cure the denial.E\n\nNo locality receiving directly or indirectly a Public Rights-of-Way Use Fee or the Department of Transportation shall require a certificated provider of telecommunications services to provide in-kind services or physical assets as a condition of consent to use public rights-of-way or easements, or in lieu of the Public Rights-of-Way Use Fee. This shall not limit the ability of localities, their authorities or commissions which provide utility services, or the Department of Transportation to enter into voluntary pole attachment, conduit occupancy or conduit construction agreements with certificated providers of telecommunications service. Any locality, other than a city or town electing to continue to enforce an existing franchise, ordinance or other form of consent under subsection J of &#xA7; 56-468.1, or the Department of Transportation may continue to use pole attachments and conduits utilized as of December 31, 1997. Any pole attachment or conduit occupancy fees for this use shall be waived for facilities in place as of December 31, 1997, and shall be waived for future extensions in cities with populations between 60,000 and 70,000, so long as the locality or the Department of Transportation continues to use these facilities on such poles or in such conduits solely for their internal communications needs. The fee waiver is for the occupancy fees only, does not cover any relocation, rearrangement or other make-ready costs, and does not apply to any county, city or town that has obtained a certificate pursuant to &#xA7; 56-265.4:4.","order_by":null,"text":{"0":{"id":218787,"text":"No incorporated city or town shall grant to any such telegraph or telephone corporation the right to erect its poles, wires, or cables, or to lay its conduits upon or beneath its parks, streets, avenues, or alleys until such company shall have first obtained, in the manner prescribed by the laws of this Commonwealth, the franchise to occupy the same. Any city or town may impose upon any such corporation any terms and conditions consistent herewith and supplemental hereto, as to the occupation and use of its parks, streets, avenues, and alleys, and as to the construction and maintenance of the facilities of such company along, over, or under the same, that the city or town may deem expedient and proper. The Department of Transportation may also impose upon any such company any terms, rules, regulations, requirements, restrictions and conditions consistent herewith and supplemental hereto, as to the occupation and use of roads and streets in either state highway system, and as to the construction, operation or maintenance of the works along, over, or under the same, which the Department may deem expedient and proper, but not in conflict, in incorporated cities and towns, with any vested contractual rights of any such company with such city or town.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":218788,"text":"No locality or the Department of Transportation shall impose any fees on a certificated provider of telecommunications service for the use of public rights-of-way except in the manner prescribed in &#xA7; 56-468.1; however, the provisions of &#xA7; 56-468.1 shall not apply to providers of commercial mobile radio services.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":218789,"text":"No locality or the Department of Transportation shall impose on certificated providers of telecommunications service, whether by franchise, ordinance or other means, any restrictions or requirements concerning the use of the public rights-of-way (including but not limited to the permitting process; notice, time and location of excavations and repair work; enforcement of the statewide building code; and inspections), which are (i) unfair or unreasonable or (ii) any greater than those imposed on the following users of the public rights-of-way: all providers of telecommunications services and nonpublic providers of cable television, electric, natural gas, water and sanitary sewer services. For purposes of this subsection, &#8220;restrictions or requirements concerning the use of the public rights-of-way&#8221; shall not include any existing franchise fee or the Public Rights-of-Way Use Fee.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":218790,"text":"Notwithstanding any other provision of law, any permit or other permission required by a locality pursuant to a franchise, ordinance, or other permission to use the public rights-of-way or by the Department of Transportation of a certificated provider of telecommunications services to use the public rights-of-way shall be granted or denied within 45 days from submission and, if denied, accompanied by a written explanation of the reasons the permit was denied and the actions required to cure the denial.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":218791,"text":"No locality receiving directly or indirectly a Public Rights-of-Way Use Fee or the Department of Transportation shall require a certificated provider of telecommunications services to provide in-kind services or physical assets as a condition of consent to use public rights-of-way or easements, or in lieu of the Public Rights-of-Way Use Fee. This shall not limit the ability of localities, their authorities or commissions which provide utility services, or the Department of Transportation to enter into voluntary pole attachment, conduit occupancy or conduit construction agreements with certificated providers of telecommunications service. Any locality, other than a city or town electing to continue to enforce an existing franchise, ordinance or other form of consent under subsection J of &#xA7; 56-468.1, or the Department of Transportation may continue to use pole attachments and conduits utilized as of December 31, 1997. Any pole attachment or conduit occupancy fees for this use shall be waived for facilities in place as of December 31, 1997, and shall be waived for future extensions in cities with populations between 60,000 and 70,000, so long as the locality or the Department of Transportation continues to use these facilities on such poles or in such conduits solely for their internal communications needs. The fee waiver is for the occupancy fees only, does not cover any relocation, rearrangement or other make-ready costs, and does not apply to any county, city or town that has obtained a certificate pursuant to &#xA7; 56-265.4:4.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":15083,"edition_id":1,"name":"Erection of Lines; Rights-Of-Way; Eminent Domain, Etc","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":13123,"metadata":{},"date_created":"2026-06-26 03:52:04","date_modified":"2026-06-26 03:52:04","permalink":{"id":249829,"object_type":"structure","relational_id":15083,"identifier":"1","token":"56\/15\/1","url":"\/56\/15\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13123,"edition_id":1,"name":"Telegraph and Telephone Companies","identifier":"15","label":"chapter","depth":2,"order_by":1,"parent_id":12881,"metadata":{},"date_created":"2026-06-26 03:44:19","date_modified":"2026-06-26 03:44:19","permalink":{"id":249827,"object_type":"structure","relational_id":13123,"identifier":"15","token":"56\/15","url":"\/56\/15\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12881,"edition_id":1,"name":"Public Service Companies","identifier":"56","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":248473,"object_type":"structure","relational_id":12881,"identifier":"56","token":"56","url":"\/56\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":84023,"structure_id":15083,"section_number":"56-458","catch_line":"Right to erect lines parallel to railroads; occupation of roads, streets, etc.; location of same","url":"\/56-458\/","token":"56\/15\/1\/56-458","metadata":false},{"id":84616,"structure_id":15083,"section_number":"56-458.1","catch_line":"Relocation of lines or works of certain public utilities acquired by Commonwealth Transportation Board","url":"\/56-458.1\/","token":"56\/15\/1\/56-458.1","metadata":false},{"id":76256,"structure_id":15083,"section_number":"56-459","catch_line":"Removal of old line not required by this chapter","url":"\/56-459\/","token":"56\/15\/1\/56-459","metadata":false},{"id":57498,"structure_id":15083,"section_number":"56-460","catch_line":"How consent of appropriate authorities obtained; terms of use","url":"\/56-460\/","token":"56\/15\/1\/56-460","metadata":false},{"id":80107,"structure_id":15083,"section_number":"56-461","catch_line":"Cost to Commonwealth in connection with construction of line to be paid by company","url":"\/56-461\/","token":"56\/15\/1\/56-461","metadata":false},{"id":59741,"structure_id":15083,"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","url":"\/56-462\/","token":"56\/15\/1\/56-462","metadata":false},{"id":65189,"structure_id":15083,"section_number":"56-463","catch_line":"Company may contract for right-of-way, etc","url":"\/56-463\/","token":"56\/15\/1\/56-463","metadata":false},{"id":74298,"structure_id":15083,"section_number":"56-464","catch_line":"Right of eminent domain","url":"\/56-464\/","token":"56\/15\/1\/56-464","metadata":false},{"id":58616,"structure_id":15083,"section_number":"56-465","catch_line":"Preceding sections subject to repeal or change at pleasure","url":"\/56-465\/","token":"56\/15\/1\/56-465","metadata":false},{"id":87026,"structure_id":15083,"section_number":"56-466","catch_line":"Location of posts, poles, cables and conduits; height of wires, etc","url":"\/56-466\/","token":"56\/15\/1\/56-466","metadata":false},{"id":67753,"structure_id":15083,"section_number":"56-466.1","catch_line":"Pole attachments; cable television systems and telecommunications service providers","url":"\/56-466.1\/","token":"56\/15\/1\/56-466.1","metadata":false},{"id":84760,"structure_id":15083,"section_number":"56-466.2","catch_line":"Undergrounding existing overhead distribution lines; relocation of facilities of cable operator","url":"\/56-466.2\/","token":"56\/15\/1\/56-466.2","metadata":false},{"id":73627,"structure_id":15083,"section_number":"56-467","catch_line":"Restoring condition of ground","url":"\/56-467\/","token":"56\/15\/1\/56-467","metadata":false},{"id":81178,"structure_id":15083,"section_number":"56-468","catch_line":"Endangering life or limb by stringing wires across other works","url":"\/56-468\/","token":"56\/15\/1\/56-468","metadata":false},{"id":75664,"structure_id":15083,"section_number":"56-468.1","catch_line":"(Contingent expiration -- see Editor's note) Public Rights-of-Way Use Fee","url":"\/56-468.1\/","token":"56\/15\/1\/56-468.1","metadata":false},{"id":72971,"structure_id":15083,"section_number":"56-468.2","catch_line":"Reimbursement for relocation costs","url":"\/56-468.2\/","token":"56\/15\/1\/56-468.2","metadata":false}],"previous_section":{"id":80107,"structure_id":15083,"section_number":"56-461","catch_line":"Cost to Commonwealth in connection with construction of line to be paid by company","url":"\/56-461\/","token":"56\/15\/1\/56-461","metadata":false},"next_section":{"id":65189,"structure_id":15083,"section_number":"56-463","catch_line":"Company may contract for right-of-way, etc","url":"\/56-463\/","token":"56\/15\/1\/56-463","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-462\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. 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 1997, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?971+ful+CHAP0474\">474<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?971+ful+CHAP0515\">515<\/a>; in 1998, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?981+ful+CHAP0742\">742<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?981+ful+CHAP0758\">758<\/a>; in 2002, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?021+ful+CHAP0479\">479<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?021+ful+CHAP0489\">489<\/a>; in 2006, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?061+ful+CHAP0780\">780<\/a>; in 2013, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0585\">585<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0646\">646<\/a>.<\/p>","references":[{"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":83742,"section_number":"15.2-2108.23","catch_line":"Regulation of rights-of-way; fees","order_by":null,"url":"\/15.2-2108.23\/"},{"id":64888,"section_number":"56-256","catch_line":"Powers of corporations generally; rights, powers, privileges and immunities, etc","order_by":null,"url":"\/56-256\/"},{"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\/"},{"id":72971,"section_number":"56-468.2","catch_line":"Reimbursement for relocation costs","order_by":null,"url":"\/56-468.2\/"},{"id":73796,"section_number":"56-618","catch_line":" Reimbursement for relocation costs","order_by":null,"url":"\/56-618\/"}],"refers_to":[{"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":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":249851,"object_type":"law","relational_id":59741,"identifier":"56-462","token":"56\/15\/1\/56-462","url":"\/56-462\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/56-462\/","token":"56\/15\/1\/56-462","dublin_core":{"Title":"Franchise to occupy parks, streets, etc.; imposition of terms, conditions, etc., as to use of streets, etc., and construction thereon","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-462","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> No incorporated city or town shall grant to any such telegraph or telephone <span class=\"dictionary\">corporation<\/span> the right to erect its poles, wires, or cables, or to lay its conduits upon or beneath its parks, streets, avenues, or alleys until such <span class=\"dictionary\">company<\/span> shall have first obtained, in the manner prescribed by the <span class=\"dictionary\">laws<\/span> of this Commonwealth, the franchise to occupy the same. Any city or town may impose upon any such <span class=\"dictionary\">corporation<\/span> any terms and conditions consistent herewith and supplemental hereto, as to the occupation and use of its parks, streets, avenues, and alleys, and as to the construction and maintenance of the facilities of such <span class=\"dictionary\">company<\/span> along, over, or under the same, that the city or town may deem expedient and proper. The Department of Transportation may also impose upon any such <span class=\"dictionary\">company<\/span> any terms, rules, regulations, requirements, restrictions and conditions consistent herewith and supplemental hereto, as to the occupation and use of roads and streets in either state highway system, and as to the construction, operation or maintenance of the works along, over, or under the same, which the Department may deem expedient and proper, but not in conflict, in incorporated cities and towns, with any vested contractual rights of any such <span class=\"dictionary\">company<\/span> with such city or town. <a id=\"paragraph-218787\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/56-462\/#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> No locality or the Department of Transportation shall impose any fees on a certificated provider of telecommunications service for the use of public rights-of-way except in the manner prescribed in &#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>; however, the provisions of &#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> shall not apply to providers of commercial mobile radio services. <a id=\"paragraph-218788\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/56-462\/#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> No locality or the Department of Transportation shall impose on certificated providers of telecommunications service, whether by franchise, <span class=\"dictionary\">ordinance<\/span> or other means, any restrictions or requirements concerning the use of the public rights-of-way (including but not limited to the permitting process; notice, time and location of excavations and repair work; enforcement of the statewide building code; and inspections), which are (i) unfair or unreasonable or (ii) any greater than those imposed on the following users of the public rights-of-way: all providers of telecommunications services and nonpublic providers of cable television, electric, natural gas, water and sanitary sewer services. For purposes of this subsection, &#8220;restrictions or requirements concerning the use of the public rights-of-way&#8221; shall not include any existing franchise fee or the Public Rights-of-Way Use Fee. <a id=\"paragraph-218789\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/56-462\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> Notwithstanding any other provision of <span class=\"dictionary\">law<\/span>, any permit or other permission required by a locality pursuant to a franchise, <span class=\"dictionary\">ordinance<\/span>, or other permission to use the public rights-of-way or by the Department of Transportation of a certificated provider of telecommunications services to use the public rights-of-way shall be granted or denied within 45 days from submission and, if denied, accompanied by a written explanation of the reasons the permit was denied and the actions required to cure the denial. <a id=\"paragraph-218790\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/56-462\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> No locality receiving directly or indirectly a Public Rights-of-Way Use Fee or the Department of Transportation shall require a certificated provider of telecommunications services to provide in-kind services or physical <span class=\"dictionary\">assets<\/span> as a condition of consent to use public rights-of-way or easements, or in lieu of the Public Rights-of-Way Use Fee. This shall not limit the ability of localities, their authorities or <span class=\"dictionary\">commissions<\/span> which provide utility services, or the Department of Transportation to enter into voluntary pole <span class=\"dictionary\">attachment<\/span>, conduit occupancy or conduit construction agreements with certificated providers of telecommunications service. Any locality, other than a city or town electing to continue to enforce an existing franchise, <span class=\"dictionary\">ordinance<\/span> or other form of consent under subsection J of &#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>, or the Department of Transportation may continue to use pole <span class=\"dictionary\">attachments<\/span> and conduits utilized as of December 31, 1997. Any pole <span class=\"dictionary\">attachment<\/span> or conduit occupancy fees for this use shall be waived for facilities in place as of December 31, 1997, and shall be waived for future extensions in cities with populations between 60,000 and 70,000, so long as the locality or the Department of Transportation continues to use these facilities on such poles or in such conduits solely for their internal communications needs. The fee <span class=\"dictionary\">waiver<\/span> is for the occupancy fees only, does not cover any relocation, rearrangement or other make-ready costs, and does not apply to any county, city or town that has obtained a certificate pursuant to &#xA7; <a class=\"law\" title=\"Certificate to operate as a telephone utility\" href=\"\/56-265.4_4\/\">56-265.4:4<\/a>. <a id=\"paragraph-218791\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/56-462\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nFRANCHISE TO OCCUPY PARKS, STREETS, ETC.; IMPOSITION OF TERMS, CONDITIONS, ETC.,\nAS TO USE OF STREETS, ETC., AND CONSTRUCTION THEREON (\u00a7 56-462)\n\nA. No incorporated city or town shall grant to any such telegraph or telephone\ncorporation the right to erect its poles, wires, or cables, or to lay its\nconduits upon or beneath its parks, streets, avenues, or alleys until such\ncompany shall have first obtained, in the manner prescribed by the laws of this\nCommonwealth, the franchise to occupy the same. Any city or town may impose upon\nany such corporation any terms and conditions consistent herewith and\nsupplemental hereto, as to the occupation and use of its parks, streets,\navenues, and alleys, and as to the construction and maintenance of the\nfacilities of such company along, over, or under the same, that the city or town\nmay deem expedient and proper. The Department of Transportation may also impose\nupon any such company any terms, rules, regulations, requirements, restrictions\nand conditions consistent herewith and supplemental hereto, as to the occupation\nand use of roads and streets in either state highway system, and as to the\nconstruction, operation or maintenance of the works along, over, or under the\nsame, which the Department may deem expedient and proper, but not in conflict,\nin incorporated cities and towns, with any vested contractual rights of any such\ncompany with such city or town.\n\nB. No locality or the Department of Transportation shall impose any fees on a\ncertificated provider of telecommunications service for the use of public\nrights-of-way except in the manner prescribed in &#xA7; 56-468.1; however, the\nprovisions of &#xA7; 56-468.1 shall not apply to providers of commercial mobile\nradio services.\n\nC. No locality or the Department of Transportation shall impose on certificated\nproviders of telecommunications service, whether by franchise, ordinance or\nother means, any restrictions or requirements concerning the use of the public\nrights-of-way (including but not limited to the permitting process; notice, time\nand location of excavations and repair work; enforcement of the statewide\nbuilding code; and inspections), which are (i) unfair or unreasonable or (ii)\nany greater than those imposed on the following users of the public\nrights-of-way: all providers of telecommunications services and nonpublic\nproviders of cable television, electric, natural gas, water and sanitary sewer\nservices. For purposes of this subsection, &#8220;restrictions or requirements\nconcerning the use of the public rights-of-way&#8221; shall not include any\nexisting franchise fee or the Public Rights-of-Way Use Fee.\n\nD. Notwithstanding any other provision of law, any permit or other permission\nrequired by a locality pursuant to a franchise, ordinance, or other permission\nto use the public rights-of-way or by the Department of Transportation of a\ncertificated provider of telecommunications services to use the public\nrights-of-way shall be granted or denied within 45 days from submission and, if\ndenied, accompanied by a written explanation of the reasons the permit was\ndenied and the actions required to cure the denial.\n\nE. No locality receiving directly or indirectly a Public Rights-of-Way Use Fee\nor the Department of Transportation shall require a certificated provider of\ntelecommunications services to provide in-kind services or physical assets as a\ncondition of consent to use public rights-of-way or easements, or in lieu of the\nPublic Rights-of-Way Use Fee. This shall not limit the ability of localities,\ntheir authorities or commissions which provide utility services, or the\nDepartment of Transportation to enter into voluntary pole attachment, conduit\noccupancy or conduit construction agreements with certificated providers of\ntelecommunications service. Any locality, other than a city or town electing to\ncontinue to enforce an existing franchise, ordinance or other form of consent\nunder subsection J of &#xA7; 56-468.1, or the Department of Transportation may\ncontinue to use pole attachments and conduits utilized as of December 31, 1997.\nAny pole attachment or conduit occupancy fees for this use shall be waived for\nfacilities in place as of December 31, 1997, and shall be waived for future\nextensions in cities with populations between 60,000 and 70,000, so long as the\nlocality or the Department of Transportation continues to use these facilities\non such poles or in such conduits solely for their internal communications\nneeds. The fee waiver is for the occupancy fees only, does not cover any\nrelocation, rearrangement or other make-ready costs, and does not apply to any\ncounty, city or town that has obtained a certificate pursuant to &#xA7;\n56-265.4:4.\n\nHISTORY: Code 1919, \u00a7 4038; 1926, p. 909; 1971, Ex. Sess., c. 40; 1997, cc.\n474, 515; 1998, cc. 742, 758; 2002, cc. 479, 489; 2006, c. 780; 2013, cc. 585,\n646.","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}}