{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/56-466.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/56-466.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/56-466.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/56-466.1.html"}],"law_id":67753,"edition_id":1,"section_id":67753,"structure_id":15083,"section_number":"56-466.1","catch_line":"Pole attachments; cable television systems and telecommunications service providers","history":"2001, c. 76; 2006, cc. 73, 76; 2012, cc. 545, 674; 2024, cc. 799, 822.","full_text":"A\n\nAs used in this section:\n\t\t\t“Cable television system” means any system licensed, franchised or certificated pursuant to Article 1.2 (§ 15.2-2108.19 et seq.) of Chapter 21 of Title 15.2 that transmits television signals, for distribution to subscribers of its services for a fee, by means of wires or cables connecting its distribution facilities with its subscriber’s television receiver or other equipment connecting to the subscriber’s television receiver, and not by transmission of television signals through the air.\n\t\t\t“Electric cooperative” means a utility services cooperative formed under or subject to Article 1 (§ 56-231.15 et seq.) of Chapter 9.1.\n\t\t\t“Existing attacher” means any entity with equipment on a utility pole.\n\t\t\t“National electrical safety standards” means standards provided in the National Electrical Safety Code.\n\t\t\t“New attacher” means a cable television system or telecommunications service provider requesting a new pole attachment.\n\t\t\t“Pole attachment” means any attachment by a cable television system or provider of telecommunications service to a pole, duct, conduit, right-of-way or similar facility owned or controlled by a public utility.\n\t\t\t“Public utility” has the same meaning ascribed thereto in § 56-232 but shall not include any utility that is regulated pursuant to 47 U.S.C. § 224.\n\t\t\t“Rearrangement” means work necessitated solely by and at the request of a telecommunications service provider or cable television system to, on, or in an existing pole, duct, conduit, right-of-way, or similar facility owned or controlled by a public utility that is necessary to make such pole, duct, conduit, right-of-way, or similar facility usable for a pole attachment. “Rearrangement” shall include replacement, necessitated solely by and at the request of a telecommunications service provider or cable television system, of the existing pole, duct, conduit, right-of-way, or similar facility if the existing pole, duct, conduit, right-of-way, or similar facility does not contain adequate surplus space or excess capacity and cannot be rearranged so as to create the adequate surplus space or excess capacity required for a pole attachment.\n\t\t\t“Red-tagged pole” means a pole owned or controlled by a public utility that (i) is designated for replacement for any reason unrelated to a lack of capacity to accommodate a new attacher’s request for attachment or (ii) would have needed to be replaced at the time of replacement even if the new attachment was not made.\n\t\t\t“Telecommunications service provider” means any public service corporation or public service company that holds a certificate of public convenience and necessity to furnish local exchange telephone service or interexchange telephone service.B\n\nUpon request by a telecommunications service provider or cable television system to a public utility, both the public utility and the telecommunications service provider or cable television system shall negotiate in good faith to arrive at a mutually agreeable contract for attachments to the public utility’s poles by the telecommunications service provider or cable television system. The terms of such contract shall comply with the requirements of this section.C\n\nAfter entering into a contract for attachments to its poles by any telecommunications service provider or cable television system, a public utility shall permit, upon reasonable terms and conditions and the payment of just and reasonable annual charges and the reasonable, actual cost of any required rearrangement, the attachment of any wire, cable, facility, or apparatus to its poles or pedestals, or the placement of any wire, cable, facility, or apparatus in conduit or duct space owned or controlled by it, by such telecommunications service provider or cable television system that is authorized by law to construct and maintain the attachment, provided that the attachment does not interfere, obstruct, or delay the service and operation of the public utility or create a safety hazard.D\n\nNotwithstanding the provisions of subsection C, a public utility providing electric utility service may deny access by a telecommunications service provider or cable television system to any pole, duct, conduit, right-of-way, or similar facility owned or controlled, in whole or in part, by such public utility, provided such denial is made on a nondiscriminatory basis on grounds of insufficient capacity or reasons of safety, reliability, or generally applicable engineering principles. Insufficient capacity shall not exist if a rearrangement can be accomplished consistent with prevailing electric safety and utility standards as determined by the Commission. In making such determination, the Commission shall consider national electrical safety standards, the public interest relating to expanding broadband access in the Commonwealth, the impact to ratepayers, and other relevant considerations as determined by the Commission.E\n\nThis section shall not apply to any pole attachments regulated pursuant to 47 U.S.C. § 224.F\n\nA public utility shall establish and adhere to pole attachment practices and procedures that comply with the requirements of this section.G\n\nIn processing requests for access to a public utility’s poles, such public utility shall adhere to the following practices and shall incorporate the following provisions into its terms and conditions governing pole attachments:1\n\na. A public utility shall review a new attacher’s attachment request for completeness before reviewing such request on its merits. A new attacher’s attachment request shall be considered complete for the purposes of this subdivision if such request provides the public utility with the information necessary, according to such public utility’s procedures as specified in a master services agreement or in requirements made publicly available by such public utility at the time such request is submitted, for such public utility to begin to survey the affected poles.1\n\nA public utility shall determine within 15 business days after receiving a new attacher’s attachment request whether such request is complete for the purposes of subdivision a and shall notify such new attacher of such determination and, if such request is determined to be incomplete, the reasons for such determination. If such public utility does not respond within 15 business days after the receipt of such request, or if such public utility rejects such request as incomplete without specifying the reasons for such determination, then such request shall be deemed complete for the purposes of subdivision a.2\n\nA new attacher’s attachment request that was previously determined to be incomplete may be resubmitted, and such resubmission shall only be required to address the reasons for such determination specified by the public utility. Such resubmitted request shall be deemed complete for the purposes of subdivision a within seven business days after its resubmission unless the public utility notifies the new attacher of unaddressed reasons that such resubmission remains incomplete and how such resubmission fails to address such reasons. A new attacher may repeat the resubmission procedure described in this subdivision (2) as necessary until the attachment request is determined to be complete for the purposes of subdivision a so long as such new attacher makes a bona fide attempt with each resubmission to correct the attachment request according to the reasons for such determination of incompleteness.\n\t\t\t\t\tb. A public utility shall respond to a new attacher’s complete attachment request either by (i) granting access or (ii) consistent with subsection D, denying access within 75 days after the receipt of such request.\n\t\t\t\t\tc. (1) Within 75 days of receiving a complete attachment request, a public utility shall complete a survey of the affected poles.2\n\nA public utility shall permit the new attacher and any existing attachers to the affected poles to be present for any field inspection conducted as part of such public utility’s survey pursuant to subdivision (1). A public utility shall use commercially reasonable efforts to provide such new and existing attachers at least five business days’ advance notice of such field inspection and shall provide in such notice the time, date, and location of such survey and the name of the contractor performing such survey, if applicable. Any attacher attending such field inspection shall do so at its own risk and expense.2\n\nIf a new attacher’s request for access is not denied, a public utility shall present to such new attacher a detailed, itemized estimate, on a pole-by-pole basis, if requested, of charges to perform all necessary rearrangement within 20 days after providing the response required by subdivision 1. If the new attacher requests an estimate on such pole-by-pole basis and the public utility incurs fixed costs that are not reasonably calculable on a pole-by-pole basis, such public utility may present charges on a per-job basis rather than on a pole-by-pole basis for such fixed cost charges. The public utility shall provide documentation sufficient to determine the basis of all estimated charges, including any projected material, labor, and other related costs that form the basis of such estimate.\n\t\t\t\ta. A public utility may withdraw an outstanding estimate of charges to perform rearrangement work beginning 30 days after the estimate is presented. A new attacher may accept a valid estimate and pay such charges at any time after receiving such estimate except if such estimate is withdrawn.\n\t\t\t\tb. After a public utility completes rearrangement, if the cost of the work performed differs from the estimate, such public utility shall provide the new attacher a detailed, itemized final invoice of the actual rearrangement charges incurred, on a pole-by-pole basis, if requested, to accommodate the new attachment. If the new attacher requests an invoice on such pole-by-pole basis and the public utility incurs fixed costs that are not reasonably calculable on a pole-by-pole basis, such public utility may present charges on a per-job basis rather than on a pole-by-pole basis for such fixed cost charges. The public utility shall provide documentation sufficient to determine the basis of all charges, including material, labor, and other related costs that form the basis of such estimate.3\n\nUpon a public utility’s receipt of payment pursuant to subdivision 2 a, such public utility shall immediately notify in writing all known existing attachers that may be affected by such rearrangement. Such notice shall:\n\t\t\t\ta. Specify the details and location of such rearrangement;\n\t\t\t\tb. Set a completion date for such rearrangement that is no later than 95 days after such notice is sent;\n\t\t\t\tc. Provide that any entity with an existing attachment may modify such attachment consistent with the specified rearrangement before the date of such rearrangement; and\n\t\t\t\td. Provide the name, telephone number, and email address of a contact person for more information about the rearrangement procedure.\n\t\t\t\tUpon providing such notice, a public utility shall provide the new attacher with a copy of any such notice, the contact information of any existing attachers, and any address to which such public utility sent such notice. The new attacher shall be responsible for coordinating with existing attachers to encourage the completion of rearrangement by the completion date specified in such notice.4\n\nA public utility shall complete any rearrangement by the completion date provided in the notice described in subdivision 3.5\n\na. A public utility may deviate from the time limits specified in this section before offering an estimate of charges if the parties involved have no agreement specifying the rates, terms, and conditions of attachment.\n\t\t\t\tb. A public utility may deviate from the time limits specified in this subsection during performance of a rearrangement for good and sufficient cause, as defined by the Commission, that renders it unfeasible for such public utility to complete rearrangement within such time limits. A public utility making such deviation shall immediately notify in writing the new attacher and affected existing attachers, and such notice shall identify the affected poles and include a detailed explanation of the reason for such deviation and a new completion date. No such deviation shall occur for a period longer than necessary to complete rearrangement of the affected poles, and such public utility shall resume rearrangement without discrimination upon returning to routine operations.6\n\nIf the pole attachment request of a telecommunications service provider or cable television system would cause the aggregate number of attachments or attachment requests by all attachers to exceed the lesser of 300 poles per month or 0.5 percent of the total poles owned by a public utility in any given month, then such public utility shall promptly notify such new attacher and shall negotiate in good faith to contract with a mutually agreed upon third-party entity to perform all necessary work that such public utility would otherwise perform, within a reasonable timeframe and in accordance with the cost allocation principles set forth in this section. In negotiating for a reasonable timeframe for the performance of work, the parties involved shall use their best efforts to comply with the timeframes established in subdivisions 1, 2, and 3. All work performed by a contracted entity under this subdivision shall be subject to the oversight of the public utility, which may only assess the new attacher for the actual, reasonable costs of such oversight.7\n\nNotwithstanding any other provision of law, a public utility subject to this section shall not apportion to a telecommunications service provider or cable television system the cost of replacing a red-tagged pole, provided that such public utility may apportion to a telecommunications service provider or cable television system the incremental cost of a taller or stronger pole that is necessitated solely by the new facilities of such telecommunications service provider or cable television system.H\n\nThe Commission is authorized to enforce the requirements of this section and to determine just and reasonable rates, and terms and conditions of service, excluding safety and debt collection, for attachments to electric cooperative poles by telecommunications service providers or cable television systems if, following good faith negotiations to do so, the parties cannot reach agreement thereon; however, the Commission shall not determine rates or terms and conditions for any existing agreement until it expires or is terminated pursuant to its own terms. The terms of an expired or terminated agreement shall continue to govern while good faith negotiations or Commission review pursuant to this section are pending. Such determinations shall be made in accordance with the following:1\n\nJust and reasonable pole attachment rates and terms and conditions of service to be determined by the Commission shall include, without limitation, rearrangement and make-ready costs, pole replacement costs, and all other costs directly related to pole attachments and maintenance, replacement, and inspection of poles or pole attachments, and right of way maintenance essential to pole attachments, provided, however, that cost recovery for rearrangement, make-ready, and pole replacement addressed in terms and conditions shall not also be included in annual rental rates;2\n\nIn determining pole attachment rates, terms, and conditions, the Commission shall consider (i) any effect of such rates, terms, and conditions on the deployment or utilization, or both, of broadband and other telecommunications services, (ii) the interests of electric cooperatives’ members, and (iii) the overall public interest;3\n\nThe Commission may develop and utilize alternative forms of dispute resolution for purposes of addressing disputes (i) arising under this subsection and (ii) falling within the scope of the Commission’s authority established hereunder;4\n\nThe Commission shall resolve disputes (i) involving pole access, including the allocation of rearrangement costs, within 90 days and (ii) concerning all other matters arising under this section within 120 days, provided, however, that either period may be extended by Commission order for an additional period not to exceed 60 days;5\n\nThe Commission is authorized to assess reasonable application fees to recover appropriate Commission costs of proceedings arising under this subsection; and6\n\nThe Commission is authorized to develop, if necessary, rules and regulations, including a definition of good faith negotiations, to implement this section.","order_by":null,"text":{"0":{"id":245410,"text":"As used in this section:\n\t\t\t“Cable television system” means any system licensed, franchised or certificated pursuant to Article 1.2 (§ 15.2-2108.19 et seq.) of Chapter 21 of Title 15.2 that transmits television signals, for distribution to subscribers of its services for a fee, by means of wires or cables connecting its distribution facilities with its subscriber’s television receiver or other equipment connecting to the subscriber’s television receiver, and not by transmission of television signals through the air.\n\t\t\t“Electric cooperative” means a utility services cooperative formed under or subject to Article 1 (§ 56-231.15 et seq.) of Chapter 9.1.\n\t\t\t“Existing attacher” means any entity with equipment on a utility pole.\n\t\t\t“National electrical safety standards” means standards provided in the National Electrical Safety Code.\n\t\t\t“New attacher” means a cable television system or telecommunications service provider requesting a new pole attachment.\n\t\t\t“Pole attachment” means any attachment by a cable television system or provider of telecommunications service to a pole, duct, conduit, right-of-way or similar facility owned or controlled by a public utility.\n\t\t\t“Public utility” has the same meaning ascribed thereto in § 56-232 but shall not include any utility that is regulated pursuant to 47 U.S.C. § 224.\n\t\t\t“Rearrangement” means work necessitated solely by and at the request of a telecommunications service provider or cable television system to, on, or in an existing pole, duct, conduit, right-of-way, or similar facility owned or controlled by a public utility that is necessary to make such pole, duct, conduit, right-of-way, or similar facility usable for a pole attachment. “Rearrangement” shall include replacement, necessitated solely by and at the request of a telecommunications service provider or cable television system, of the existing pole, duct, conduit, right-of-way, or similar facility if the existing pole, duct, conduit, right-of-way, or similar facility does not contain adequate surplus space or excess capacity and cannot be rearranged so as to create the adequate surplus space or excess capacity required for a pole attachment.\n\t\t\t“Red-tagged pole” means a pole owned or controlled by a public utility that (i) is designated for replacement for any reason unrelated to a lack of capacity to accommodate a new attacher’s request for attachment or (ii) would have needed to be replaced at the time of replacement even if the new attachment was not made.\n\t\t\t“Telecommunications service provider” means any public service corporation or public service company that holds a certificate of public convenience and necessity to furnish local exchange telephone service or interexchange telephone service.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":245411,"text":"Upon request by a telecommunications service provider or cable television system to a public utility, both the public utility and the telecommunications service provider or cable television system shall negotiate in good faith to arrive at a mutually agreeable contract for attachments to the public utility’s poles by the telecommunications service provider or cable television system. The terms of such contract shall comply with the requirements of this section.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":245412,"text":"After entering into a contract for attachments to its poles by any telecommunications service provider or cable television system, a public utility shall permit, upon reasonable terms and conditions and the payment of just and reasonable annual charges and the reasonable, actual cost of any required rearrangement, the attachment of any wire, cable, facility, or apparatus to its poles or pedestals, or the placement of any wire, cable, facility, or apparatus in conduit or duct space owned or controlled by it, by such telecommunications service provider or cable television system that is authorized by law to construct and maintain the attachment, provided that the attachment does not interfere, obstruct, or delay the service and operation of the public utility or create a safety hazard.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":245413,"text":"Notwithstanding the provisions of subsection C, a public utility providing electric utility service may deny access by a telecommunications service provider or cable television system to any pole, duct, conduit, right-of-way, or similar facility owned or controlled, in whole or in part, by such public utility, provided such denial is made on a nondiscriminatory basis on grounds of insufficient capacity or reasons of safety, reliability, or generally applicable engineering principles. Insufficient capacity shall not exist if a rearrangement can be accomplished consistent with prevailing electric safety and utility standards as determined by the Commission. In making such determination, the Commission shall consider national electrical safety standards, the public interest relating to expanding broadband access in the Commonwealth, the impact to ratepayers, and other relevant considerations as determined by the Commission.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":245414,"text":"This section shall not apply to any pole attachments regulated pursuant to 47 U.S.C. § 224.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":245415,"text":"A public utility shall establish and adhere to pole attachment practices and procedures that comply with the requirements of this section.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":245416,"text":"In processing requests for access to a public utility’s poles, such public utility shall adhere to the following practices and shall incorporate the following provisions into its terms and conditions governing pole attachments:","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"G1"},"7":{"id":245417,"text":"a. A public utility shall review a new attacher’s attachment request for completeness before reviewing such request on its merits. A new attacher’s attachment request shall be considered complete for the purposes of this subdivision if such request provides the public utility with the information necessary, according to such public utility’s procedures as specified in a master services agreement or in requirements made publicly available by such public utility at the time such request is submitted, for such public utility to begin to survey the affected poles.","type":"section","prefixes":["G","1"],"prefix":"1","entire_prefix":"G1","prefix_anchor":"G1","level":2,"prior_prefix":"G","next_prefix":"G11"},"8":{"id":245418,"text":"A public utility shall determine within 15 business days after receiving a new attacher’s attachment request whether such request is complete for the purposes of subdivision a and shall notify such new attacher of such determination and, if such request is determined to be incomplete, the reasons for such determination. If such public utility does not respond within 15 business days after the receipt of such request, or if such public utility rejects such request as incomplete without specifying the reasons for such determination, then such request shall be deemed complete for the purposes of subdivision a.","type":"section","prefixes":["G","1","1"],"prefix":"1","entire_prefix":"G11","prefix_anchor":"G11","level":3,"prior_prefix":"G1","next_prefix":"G12"},"9":{"id":245419,"text":"A new attacher’s attachment request that was previously determined to be incomplete may be resubmitted, and such resubmission shall only be required to address the reasons for such determination specified by the public utility. Such resubmitted request shall be deemed complete for the purposes of subdivision a within seven business days after its resubmission unless the public utility notifies the new attacher of unaddressed reasons that such resubmission remains incomplete and how such resubmission fails to address such reasons. A new attacher may repeat the resubmission procedure described in this subdivision (2) as necessary until the attachment request is determined to be complete for the purposes of subdivision a so long as such new attacher makes a bona fide attempt with each resubmission to correct the attachment request according to the reasons for such determination of incompleteness.\n\t\t\t\t\tb. A public utility shall respond to a new attacher’s complete attachment request either by (i) granting access or (ii) consistent with subsection D, denying access within 75 days after the receipt of such request.\n\t\t\t\t\tc. (1) Within 75 days of receiving a complete attachment request, a public utility shall complete a survey of the affected poles.","type":"section","prefixes":["G","1","2"],"prefix":"2","entire_prefix":"G12","prefix_anchor":"G12","level":3,"prior_prefix":"G11","next_prefix":"G12"},"10":{"id":245420,"text":"A public utility shall permit the new attacher and any existing attachers to the affected poles to be present for any field inspection conducted as part of such public utility’s survey pursuant to subdivision (1). A public utility shall use commercially reasonable efforts to provide such new and existing attachers at least five business days’ advance notice of such field inspection and shall provide in such notice the time, date, and location of such survey and the name of the contractor performing such survey, if applicable. Any attacher attending such field inspection shall do so at its own risk and expense.","type":"section","prefixes":["G","1","2"],"prefix":"2","entire_prefix":"G12","prefix_anchor":"G12","level":3,"prior_prefix":"G12","next_prefix":"G2"},"11":{"id":245421,"text":"If a new attacher’s request for access is not denied, a public utility shall present to such new attacher a detailed, itemized estimate, on a pole-by-pole basis, if requested, of charges to perform all necessary rearrangement within 20 days after providing the response required by subdivision 1. If the new attacher requests an estimate on such pole-by-pole basis and the public utility incurs fixed costs that are not reasonably calculable on a pole-by-pole basis, such public utility may present charges on a per-job basis rather than on a pole-by-pole basis for such fixed cost charges. The public utility shall provide documentation sufficient to determine the basis of all estimated charges, including any projected material, labor, and other related costs that form the basis of such estimate.\n\t\t\t\ta. A public utility may withdraw an outstanding estimate of charges to perform rearrangement work beginning 30 days after the estimate is presented. A new attacher may accept a valid estimate and pay such charges at any time after receiving such estimate except if such estimate is withdrawn.\n\t\t\t\tb. After a public utility completes rearrangement, if the cost of the work performed differs from the estimate, such public utility shall provide the new attacher a detailed, itemized final invoice of the actual rearrangement charges incurred, on a pole-by-pole basis, if requested, to accommodate the new attachment. If the new attacher requests an invoice on such pole-by-pole basis and the public utility incurs fixed costs that are not reasonably calculable on a pole-by-pole basis, such public utility may present charges on a per-job basis rather than on a pole-by-pole basis for such fixed cost charges. The public utility shall provide documentation sufficient to determine the basis of all charges, including material, labor, and other related costs that form the basis of such estimate.","type":"section","prefixes":["G","2"],"prefix":"2","entire_prefix":"G2","prefix_anchor":"G2","level":2,"prior_prefix":"G12","next_prefix":"G3"},"12":{"id":245422,"text":"Upon a public utility’s receipt of payment pursuant to subdivision 2 a, such public utility shall immediately notify in writing all known existing attachers that may be affected by such rearrangement. Such notice shall:\n\t\t\t\ta. Specify the details and location of such rearrangement;\n\t\t\t\tb. Set a completion date for such rearrangement that is no later than 95 days after such notice is sent;\n\t\t\t\tc. Provide that any entity with an existing attachment may modify such attachment consistent with the specified rearrangement before the date of such rearrangement; and\n\t\t\t\td. Provide the name, telephone number, and email address of a contact person for more information about the rearrangement procedure.\n\t\t\t\tUpon providing such notice, a public utility shall provide the new attacher with a copy of any such notice, the contact information of any existing attachers, and any address to which such public utility sent such notice. The new attacher shall be responsible for coordinating with existing attachers to encourage the completion of rearrangement by the completion date specified in such notice.","type":"section","prefixes":["G","3"],"prefix":"3","entire_prefix":"G3","prefix_anchor":"G3","level":2,"prior_prefix":"G2","next_prefix":"G4"},"13":{"id":245423,"text":"A public utility shall complete any rearrangement by the completion date provided in the notice described in subdivision 3.","type":"section","prefixes":["G","4"],"prefix":"4","entire_prefix":"G4","prefix_anchor":"G4","level":2,"prior_prefix":"G3","next_prefix":"G5"},"14":{"id":245424,"text":"a. A public utility may deviate from the time limits specified in this section before offering an estimate of charges if the parties involved have no agreement specifying the rates, terms, and conditions of attachment.\n\t\t\t\tb. A public utility may deviate from the time limits specified in this subsection during performance of a rearrangement for good and sufficient cause, as defined by the Commission, that renders it unfeasible for such public utility to complete rearrangement within such time limits. A public utility making such deviation shall immediately notify in writing the new attacher and affected existing attachers, and such notice shall identify the affected poles and include a detailed explanation of the reason for such deviation and a new completion date. No such deviation shall occur for a period longer than necessary to complete rearrangement of the affected poles, and such public utility shall resume rearrangement without discrimination upon returning to routine operations.","type":"section","prefixes":["G","5"],"prefix":"5","entire_prefix":"G5","prefix_anchor":"G5","level":2,"prior_prefix":"G4","next_prefix":"G6"},"15":{"id":245425,"text":"If the pole attachment request of a telecommunications service provider or cable television system would cause the aggregate number of attachments or attachment requests by all attachers to exceed the lesser of 300 poles per month or 0.5 percent of the total poles owned by a public utility in any given month, then such public utility shall promptly notify such new attacher and shall negotiate in good faith to contract with a mutually agreed upon third-party entity to perform all necessary work that such public utility would otherwise perform, within a reasonable timeframe and in accordance with the cost allocation principles set forth in this section. In negotiating for a reasonable timeframe for the performance of work, the parties involved shall use their best efforts to comply with the timeframes established in subdivisions 1, 2, and 3. All work performed by a contracted entity under this subdivision shall be subject to the oversight of the public utility, which may only assess the new attacher for the actual, reasonable costs of such oversight.","type":"section","prefixes":["G","6"],"prefix":"6","entire_prefix":"G6","prefix_anchor":"G6","level":2,"prior_prefix":"G5","next_prefix":"G7"},"16":{"id":245426,"text":"Notwithstanding any other provision of law, a public utility subject to this section shall not apportion to a telecommunications service provider or cable television system the cost of replacing a red-tagged pole, provided that such public utility may apportion to a telecommunications service provider or cable television system the incremental cost of a taller or stronger pole that is necessitated solely by the new facilities of such telecommunications service provider or cable television system.","type":"section","prefixes":["G","7"],"prefix":"7","entire_prefix":"G7","prefix_anchor":"G7","level":2,"prior_prefix":"G6","next_prefix":"H"},"17":{"id":245427,"text":"The Commission is authorized to enforce the requirements of this section and to determine just and reasonable rates, and terms and conditions of service, excluding safety and debt collection, for attachments to electric cooperative poles by telecommunications service providers or cable television systems if, following good faith negotiations to do so, the parties cannot reach agreement thereon; however, the Commission shall not determine rates or terms and conditions for any existing agreement until it expires or is terminated pursuant to its own terms. The terms of an expired or terminated agreement shall continue to govern while good faith negotiations or Commission review pursuant to this section are pending. Such determinations shall be made in accordance with the following:","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G7","next_prefix":"H1"},"18":{"id":245428,"text":"Just and reasonable pole attachment rates and terms and conditions of service to be determined by the Commission shall include, without limitation, rearrangement and make-ready costs, pole replacement costs, and all other costs directly related to pole attachments and maintenance, replacement, and inspection of poles or pole attachments, and right of way maintenance essential to pole attachments, provided, however, that cost recovery for rearrangement, make-ready, and pole replacement addressed in terms and conditions shall not also be included in annual rental rates;","type":"section","prefixes":["H","1"],"prefix":"1","entire_prefix":"H1","prefix_anchor":"H1","level":2,"prior_prefix":"H","next_prefix":"H2"},"19":{"id":245429,"text":"In determining pole attachment rates, terms, and conditions, the Commission shall consider (i) any effect of such rates, terms, and conditions on the deployment or utilization, or both, of broadband and other telecommunications services, (ii) the interests of electric cooperatives’ members, and (iii) the overall public interest;","type":"section","prefixes":["H","2"],"prefix":"2","entire_prefix":"H2","prefix_anchor":"H2","level":2,"prior_prefix":"H1","next_prefix":"H3"},"20":{"id":245430,"text":"The Commission may develop and utilize alternative forms of dispute resolution for purposes of addressing disputes (i) arising under this subsection and (ii) falling within the scope of the Commission’s authority established hereunder;","type":"section","prefixes":["H","3"],"prefix":"3","entire_prefix":"H3","prefix_anchor":"H3","level":2,"prior_prefix":"H2","next_prefix":"H4"},"21":{"id":245431,"text":"The Commission shall resolve disputes (i) involving pole access, including the allocation of rearrangement costs, within 90 days and (ii) concerning all other matters arising under this section within 120 days, provided, however, that either period may be extended by Commission order for an additional period not to exceed 60 days;","type":"section","prefixes":["H","4"],"prefix":"4","entire_prefix":"H4","prefix_anchor":"H4","level":2,"prior_prefix":"H3","next_prefix":"H5"},"22":{"id":245432,"text":"The Commission is authorized to assess reasonable application fees to recover appropriate Commission costs of proceedings arising under this subsection; and","type":"section","prefixes":["H","5"],"prefix":"5","entire_prefix":"H5","prefix_anchor":"H5","level":2,"prior_prefix":"H4","next_prefix":"H6"},"23":{"id":245433,"text":"The Commission is authorized to develop, if necessary, rules and regulations, including a definition of good faith negotiations, to implement this section.","type":"section","prefixes":["H","6"],"prefix":"6","entire_prefix":"H6","prefix_anchor":"H6","level":2,"prior_prefix":"H5"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-466.1\/","history_text":"

This law was first created in 2001. The record of its establishment is cataloged in chapter 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 3 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 2006, chapters 73<\/a> and 76<\/a>; in 2012, chapters 545<\/a> and 674<\/a>; in 2024, chapters 799<\/a> and 822<\/a>.<\/p>","references":[{"id":82086,"section_number":"55.1-306.1","catch_line":"Utility easements; expansion of broadband","order_by":null,"url":"\/55.1-306.1\/"},{"id":67388,"section_number":"59.1-607","catch_line":"Definitions","order_by":null,"url":"\/59.1-607\/"}],"refers_to":[{"id":62043,"section_number":"15.2-2108.19","catch_line":"Definitions","order_by":null,"url":"\/15.2-2108.19\/"},{"id":77567,"section_number":"56-231.15","catch_line":"Definitions","order_by":null,"url":"\/56-231.15\/"},{"id":75233,"section_number":"56-232","catch_line":"Public utility and schedules defined","order_by":null,"url":"\/56-232\/"}],"permalink":{"id":249871,"object_type":"law","relational_id":67753,"identifier":"56-466.1","token":"56\/15\/1\/56-466.1","url":"\/56-466.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/56-466.1\/","token":"56\/15\/1\/56-466.1","dublin_core":{"Title":"Pole attachments; cable television systems and telecommunications service providers","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-466.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Cable television system<\/span>” means any system licensed, franchised or certificated pursuant to Article 1.2 (§ 15.2-2108.19<\/a> et seq.) of Chapter 21 of Title 15.2 that transmits television signals, for distribution to subscribers of its services for a fee, by means of wires or cables connecting its distribution facilities with its subscriber’s television receiver or other equipment connecting to the subscriber’s television receiver, and not by transmission of television signals through the air.\n\t\t\t“Electric cooperative<\/span>” means a utility services cooperative formed under or subject to Article 1 (§ 56-231.15<\/a> et seq.) of Chapter 9.1.\n\t\t\t“Existing attacher<\/span>” means any entity with equipment on a utility pole.\n\t\t\t“National electrical safety standards<\/span>” means standards provided in the National Electrical Safety Code.\n\t\t\t“New attacher<\/span>” means a cable television system<\/span> or telecommunications service provider<\/span> requesting a new pole attachment<\/span>.\n\t\t\t“Pole attachment<\/span>” means any attachment by a cable television system<\/span> or provider of telecommunications service to a pole, duct, conduit, right-of-way or similar facility owned or controlled by a public utility.\n\t\t\t“Public utility” has the same meaning ascribed thereto in § 56-232<\/a> but shall not include any utility that is regulated pursuant to 47 U.S.C. § 224.\n\t\t\t“Rearrangement<\/span>” means work necessitated solely by and at the request of a telecommunications service provider<\/span> or cable television system<\/span> to, on, or in an existing pole, duct, conduit, right-of-way, or similar facility owned or controlled by a public utility that is necessary to make such pole, duct, conduit, right-of-way, or similar facility usable for a pole attachment<\/span>. “Rearrangement<\/span>” shall include replacement, necessitated solely by and at the request of a telecommunications service provider<\/span> or cable television system<\/span>, of the existing pole, duct, conduit, right-of-way, or similar facility if the existing pole, duct, conduit, right-of-way, or similar facility does not contain adequate surplus space or excess capacity and cannot be rearranged so as to create the adequate surplus space or excess capacity required for a pole attachment<\/span>.\n\t\t\t“Red-tagged pole<\/span>” means a pole owned or controlled by a public utility that (i) is designated for replacement for any reason unrelated to a lack of capacity to accommodate a new attacher<\/span>’s request for attachment or (ii) would have needed to be replaced at the time of replacement even if the new attachment was not made.\n\t\t\t“Telecommunications service provider<\/span>” means any public service corporation<\/span> or public service company<\/span> that holds a certificate of public convenience and necessity to furnish local exchange telephone service<\/span> or interexchange telephone service<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Upon request by a telecommunications service provider<\/span> or cable television system<\/span> to a public utility, both the public utility and the telecommunications service provider<\/span> or cable television system<\/span> shall negotiate in good faith to arrive at a mutually agreeable contract<\/span> for attachments<\/span> to the public utility’s poles by the telecommunications service provider<\/span> or cable television system<\/span>. The terms of such contract<\/span> shall comply with the requirements of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> After entering into a contract<\/span> for attachments<\/span> to its poles by any telecommunications service provider<\/span> or cable television system<\/span>, a public utility shall permit, upon reasonable terms and conditions and the payment of just and reasonable annual charges and the reasonable, actual cost of any required rearrangement<\/span>, the attachment of any wire, cable, facility, or apparatus to its poles or pedestals, or the placement of any wire, cable, facility, or apparatus in conduit or duct space owned or controlled by it, by such telecommunications service provider<\/span> or cable television system<\/span> that is authorized by law<\/span> to construct and maintain the attachment, provided that the attachment does not interfere, obstruct, or delay the service and operation of the public utility or create a safety hazard. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Notwithstanding the provisions of subsection C, a public utility providing electric utility service may deny access by a telecommunications service provider<\/span> or cable television system<\/span> to any pole, duct, conduit, right-of-way, or similar facility owned or controlled, in whole or in part, by such public utility, provided such denial is made on a nondiscriminatory basis on grounds of insufficient capacity or reasons of safety, reliability, or generally applicable engineering principles. Insufficient capacity shall not exist if a rearrangement<\/span> can be accomplished consistent with prevailing electric safety and utility standards as determined by the Commission<\/span>. In making such determination, the Commission<\/span> shall consider national electrical safety standards<\/span>, the public interest relating to expanding broadband access in the Commonwealth, the impact to ratepayers, and other relevant considerations as determined by the Commission<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> This section shall not apply to any pole attachments<\/span> regulated pursuant to 47 U.S.C. § 224. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> A public utility shall establish and adhere to pole attachment<\/span> practices and procedures that comply with the requirements of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> In processing requests for access to a public utility’s poles, such public utility shall adhere to the following practices and shall incorporate the following provisions into its terms and conditions governing pole attachments<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> a. A public utility shall review a new attacher<\/span>’s attachment request for completeness before reviewing such request on its merits. A new attacher<\/span>’s attachment request shall be considered complete for the purposes of this subdivision if such request provides the public utility with the information necessary, according to such public utility’s procedures as specified in a master services agreement or in requirements made publicly available by such public utility at the time such request is submitted, for such public utility to begin to survey the affected poles. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A public utility shall determine within 15 business days after receiving a new attacher<\/span>’s attachment request whether such request is complete for the purposes of subdivision a and shall notify such new attacher<\/span> of such determination and, if such request is determined to be incomplete, the reasons for such determination. If such public utility does not respond within 15 business days after the receipt of such request, or if such public utility rejects such request as incomplete without specifying the reasons for such determination, then such request shall be deemed complete for the purposes of subdivision a. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A new attacher<\/span>’s attachment request that was previously determined to be incomplete may be resubmitted, and such resubmission shall only be required to address the reasons for such determination specified by the public utility. Such resubmitted request shall be deemed complete for the purposes of subdivision a within seven business days after its resubmission unless the public utility notifies the new attacher<\/span> of unaddressed reasons that such resubmission remains incomplete and how such resubmission fails to address such reasons. A new attacher<\/span> may repeat the resubmission procedure described in this subdivision (2) as necessary until the attachment request is determined to be complete for the purposes of subdivision a so long as such new attacher<\/span> makes a bona fide attempt with each resubmission to correct the attachment request according to the reasons for such determination of incompleteness.\n\t\t\t\t\tb. A public utility shall respond to a new attacher<\/span>’s complete attachment request either by (i) granting access or (ii) consistent with subsection D, denying access within 75 days after the receipt of such request.\n\t\t\t\t\tc. (1) Within 75 days of receiving a complete attachment request, a public utility shall complete a survey of the affected poles. <\/i><\/a><\/p>

A public utility shall permit the new attacher<\/span> and any existing attachers<\/span> to the affected poles to be present for any field inspection conducted as part of such public utility’s survey pursuant to subdivision (1). A public utility shall use commercially reasonable efforts to provide such new and existing attachers<\/span> at least five business days’ advance notice of such field inspection and shall provide in such notice the time, date, and location of such survey and the name of the contractor performing such survey, if applicable. Any attacher attending such field inspection shall do so at its own risk and expense. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If a new attacher<\/span>’s request for access is not denied, a public utility shall present to such new attacher<\/span> a detailed, itemized estimate, on a pole-by-pole basis, if requested, of charges to perform all necessary rearrangement<\/span> within 20 days after providing the response required by subdivision 1. If the new attacher<\/span> requests an estimate on such pole-by-pole basis and the public utility incurs fixed costs that are not reasonably calculable on a pole-by-pole basis, such public utility may present charges on a per-job basis rather than on a pole-by-pole basis for such fixed cost charges. The public utility shall provide documentation sufficient to determine the basis of all estimated charges, including any projected material<\/span>, labor, and other related costs that form the basis of such estimate.\n\t\t\t\ta. A public utility may withdraw an outstanding estimate of charges to perform rearrangement<\/span> work beginning 30 days after the estimate is presented. A new attacher<\/span> may accept a valid estimate and pay such charges at any time after receiving such estimate except if such estimate is withdrawn.\n\t\t\t\tb. After a public utility completes rearrangement<\/span>, if the cost of the work performed differs from the estimate, such public utility shall provide the new attacher<\/span> a detailed, itemized final invoice of the actual rearrangement<\/span> charges incurred, on a pole-by-pole basis, if requested, to accommodate the new attachment. If the new attacher<\/span> requests an invoice on such pole-by-pole basis and the public utility incurs fixed costs that are not reasonably calculable on a pole-by-pole basis, such public utility may present charges on a per-job basis rather than on a pole-by-pole basis for such fixed cost charges. The public utility shall provide documentation sufficient to determine the basis of all charges, including material<\/span>, labor, and other related costs that form the basis of such estimate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Upon a public utility’s receipt of payment pursuant to subdivision 2 a, such public utility shall immediately notify in writing all known existing attachers<\/span> that may be affected by such rearrangement<\/span>. Such notice shall:\n\t\t\t\ta. Specify the details and location of such rearrangement<\/span>;\n\t\t\t\tb. Set a completion date for such rearrangement<\/span> that is no later than 95 days after such notice is sent;\n\t\t\t\tc. Provide that any entity with an existing attachment may modify such attachment consistent with the specified rearrangement<\/span> before the date of such rearrangement<\/span>; and\n\t\t\t\td. Provide the name, telephone number, and email address of a contact person<\/span> for more information about the rearrangement<\/span> procedure.\n\t\t\t\tUpon providing such notice, a public utility shall provide the new attacher<\/span> with a copy of any such notice, the contact information of any existing attachers<\/span>, and any address to which such public utility sent such notice. The new attacher<\/span> shall be responsible for coordinating with existing attachers<\/span> to encourage the completion of rearrangement<\/span> by the completion date specified in such notice. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A public utility shall complete any rearrangement<\/span> by the completion date provided in the notice described in subdivision 3. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> a. A public utility may deviate from the time limits specified in this section before offering an estimate of charges if the parties involved have no agreement specifying the rates<\/span>, terms, and conditions of attachment.\n\t\t\t\tb. A public utility may deviate from the time limits specified in this subsection during performance of a rearrangement<\/span> for good and sufficient cause, as defined by the Commission<\/span>, that renders it unfeasible for such public utility to complete rearrangement<\/span> within such time limits. A public utility making such deviation shall immediately notify in writing the new attacher<\/span> and affected existing attachers<\/span>, and such notice shall identify the affected poles and include a detailed explanation of the reason for such deviation and a new completion date. No such deviation shall occur for a period longer than necessary to complete rearrangement<\/span> of the affected poles, and such public utility shall resume rearrangement<\/span> without discrimination upon returning to routine operations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> If the pole attachment<\/span> request of a telecommunications service provider<\/span> or cable television system<\/span> would cause the aggregate number of attachments or attachment requests by all attachers to exceed the lesser of 300 poles per month or 0.5 percent of the total poles owned by a public utility in any given month, then such public utility shall promptly notify such new attacher<\/span> and shall negotiate in good faith to contract<\/span> with a mutually agreed upon third-party<\/span> entity to perform all necessary work that such public utility would otherwise perform, within a reasonable timeframe and in accordance with the cost allocation principles set forth in this section. In negotiating for a reasonable timeframe for the performance of work, the parties involved shall use their best efforts to comply with the timeframes established in subdivisions 1, 2, and 3. All work performed by a contracted entity under this subdivision shall be subject to the oversight of the public utility, which may only assess the new attacher<\/span> for the actual, reasonable costs of such oversight. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Notwithstanding any other provision of law<\/span>, a public utility subject to this section shall not apportion to a telecommunications service provider<\/span> or cable television system<\/span> the cost of replacing a red-tagged pole<\/span>, provided that such public utility may apportion to a telecommunications service provider<\/span> or cable television system<\/span> the incremental cost of a taller or stronger pole that is necessitated solely by the new facilities of such telecommunications service provider<\/span> or cable television system<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> The Commission<\/span> is authorized to enforce the requirements of this section and to determine just and reasonable rates<\/span>, and terms and conditions of service, excluding safety and debt collection, for attachments to electric cooperative<\/span> poles by telecommunications service providers<\/span> or cable television systems<\/span> if, following good faith negotiations to do so, the parties cannot reach agreement thereon; however, the Commission<\/span> shall not determine rates<\/span> or terms and conditions for any existing agreement until it expires or is terminated pursuant to its own terms. The terms of an expired or terminated agreement shall continue to govern while good faith negotiations or Commission<\/span> review pursuant to this section are pending. Such determinations shall be made in accordance with the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Just and reasonable pole attachment<\/span> rates<\/span> and terms and conditions of service to be determined by the Commission<\/span> shall include, without limitation, rearrangement<\/span> and make-ready costs, pole replacement costs, and all other costs directly related to pole attachments<\/span> and maintenance, replacement, and inspection of poles or pole attachments<\/span>, and right of way maintenance essential to pole attachments<\/span>, provided, however, that cost recovery for rearrangement<\/span>, make-ready, and pole replacement addressed in terms and conditions shall not also be included in annual rental rates<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> In determining pole attachment<\/span> rates<\/span>, terms, and conditions, the Commission<\/span> shall consider (i) any effect of such rates<\/span>, terms, and conditions on the deployment or utilization, or both, of broadband and other telecommunications services, (ii) the interests of electric cooperatives<\/span>’ members, and (iii) the overall public interest; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The Commission<\/span> may develop and utilize alternative forms of dispute resolution for purposes of addressing disputes (i) arising under this subsection and (ii) falling within the scope of the Commission<\/span>’s authority established hereunder; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The Commission<\/span> shall resolve disputes (i) involving pole access, including the allocation of rearrangement<\/span> costs, within 90 days and (ii) concerning all other matters arising under this section within 120 days, provided, however, that either period may be extended by Commission<\/span> order<\/span> for an additional period not to exceed 60 days; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The Commission<\/span> is authorized to assess reasonable application fees to recover appropriate Commission<\/span> costs of proceedings arising under this subsection; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The Commission<\/span> is authorized to develop, if necessary, rules and regulations, including a definition of good faith negotiations, to implement this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOLE ATTACHMENTS; CABLE TELEVISION SYSTEMS AND TELECOMMUNICATIONS SERVICE\nPROVIDERS (\u00a7 56-466.1)\n\nA. As used in this section:\n\t\t\t“Cable television system” means any system licensed, franchised\nor certificated pursuant to Article 1.2 (§ 15.2-2108.19 et seq.) of Chapter\n21 of Title 15.2 that transmits television signals, for distribution to\nsubscribers of its services for a fee, by means of wires or cables connecting\nits distribution facilities with its subscriber’s television receiver or\nother equipment connecting to the subscriber’s television receiver, and\nnot by transmission of television signals through the air.\n\t\t\t“Electric cooperative” means a utility services cooperative\nformed under or subject to Article 1 (§ 56-231.15 et seq.) of Chapter 9.1.\n\t\t\t“Existing attacher” means any entity with equipment on a utility\npole.\n\t\t\t“National electrical safety standards” means standards provided\nin the National Electrical Safety Code.\n\t\t\t“New attacher” means a cable television system or\ntelecommunications service provider requesting a new pole attachment.\n\t\t\t“Pole attachment” means any attachment by a cable television\nsystem or provider of telecommunications service to a pole, duct, conduit,\nright-of-way or similar facility owned or controlled by a public utility.\n\t\t\t“Public utility” has the same meaning ascribed thereto in §\n56-232 but shall not include any utility that is regulated pursuant to 47 U.S.C.\n§ 224.\n\t\t\t“Rearrangement” means work necessitated solely by and at the\nrequest of a telecommunications service provider or cable television system to,\non, or in an existing pole, duct, conduit, right-of-way, or similar facility\nowned or controlled by a public utility that is necessary to make such pole,\nduct, conduit, right-of-way, or similar facility usable for a pole attachment.\n“Rearrangement” shall include replacement, necessitated solely by\nand at the request of a telecommunications service provider or cable television\nsystem, of the existing pole, duct, conduit, right-of-way, or similar facility\nif the existing pole, duct, conduit, right-of-way, or similar facility does not\ncontain adequate surplus space or excess capacity and cannot be rearranged so as\nto create the adequate surplus space or excess capacity required for a pole\nattachment.\n\t\t\t“Red-tagged pole” means a pole owned or controlled by a public\nutility that (i) is designated for replacement for any reason unrelated to a\nlack of capacity to accommodate a new attacher’s request for attachment or\n(ii) would have needed to be replaced at the time of replacement even if the new\nattachment was not made.\n\t\t\t“Telecommunications service provider” means any public service\ncorporation or public service company that holds a certificate of public\nconvenience and necessity to furnish local exchange telephone service or\ninterexchange telephone service.\n\nB. Upon request by a telecommunications service provider or cable television\nsystem to a public utility, both the public utility and the telecommunications\nservice provider or cable television system shall negotiate in good faith to\narrive at a mutually agreeable contract for attachments to the public\nutility’s poles by the telecommunications service provider or cable\ntelevision system. The terms of such contract shall comply with the requirements\nof this section.\n\nC. After entering into a contract for attachments to its poles by any\ntelecommunications service provider or cable television system, a public utility\nshall permit, upon reasonable terms and conditions and the payment of just and\nreasonable annual charges and the reasonable, actual cost of any required\nrearrangement, the attachment of any wire, cable, facility, or apparatus to its\npoles or pedestals, or the placement of any wire, cable, facility, or apparatus\nin conduit or duct space owned or controlled by it, by such telecommunications\nservice provider or cable television system that is authorized by law to\nconstruct and maintain the attachment, provided that the attachment does not\ninterfere, obstruct, or delay the service and operation of the public utility or\ncreate a safety hazard.\n\nD. Notwithstanding the provisions of subsection C, a public utility providing\nelectric utility service may deny access by a telecommunications service\nprovider or cable television system to any pole, duct, conduit, right-of-way, or\nsimilar facility owned or controlled, in whole or in part, by such public\nutility, provided such denial is made on a nondiscriminatory basis on grounds of\ninsufficient capacity or reasons of safety, reliability, or generally applicable\nengineering principles. Insufficient capacity shall not exist if a rearrangement\ncan be accomplished consistent with prevailing electric safety and utility\nstandards as determined by the Commission. In making such determination, the\nCommission shall consider national electrical safety standards, the public\ninterest relating to expanding broadband access in the Commonwealth, the impact\nto ratepayers, and other relevant considerations as determined by the\nCommission.\n\nE. This section shall not apply to any pole attachments regulated pursuant to 47\nU.S.C. § 224.\n\nF. A public utility shall establish and adhere to pole attachment practices and\nprocedures that comply with the requirements of this section.\n\nG. In processing requests for access to a public utility’s poles, such\npublic utility shall adhere to the following practices and shall incorporate the\nfollowing provisions into its terms and conditions governing pole attachments:\n\n 1. a. A public utility shall review a new attacher’s attachment request\n for completeness before reviewing such request on its merits. A new\n attacher’s attachment request shall be considered complete for the\n purposes of this subdivision if such request provides the public utility with\n the information necessary, according to such public utility’s procedures\n as specified in a master services agreement or in requirements made publicly\n available by such public utility at the time such request is submitted, for\n such public utility to begin to survey the affected poles.\n\n 1. A public utility shall determine within 15 business days after receiving\n a new attacher’s attachment request whether such request is complete\n for the purposes of subdivision a and shall notify such new attacher of such\n determination and, if such request is determined to be incomplete, the\n reasons for such determination. If such public utility does not respond\n within 15 business days after the receipt of such request, or if such public\n utility rejects such request as incomplete without specifying the reasons\n for such determination, then such request shall be deemed complete for the\n purposes of subdivision a.\n\n 2. A new attacher’s attachment request that was previously determined\n to be incomplete may be resubmitted, and such resubmission shall only be\n required to address the reasons for such determination specified by the\n public utility. Such resubmitted request shall be deemed complete for the\n purposes of subdivision a within seven business days after its resubmission\n unless the public utility notifies the new attacher of unaddressed reasons\n that such resubmission remains incomplete and how such resubmission fails to\n address such reasons. A new attacher may repeat the resubmission procedure\n described in this subdivision (2) as necessary until the attachment request\n is determined to be complete for the purposes of subdivision a so long as\n such new attacher makes a bona fide attempt with each resubmission to\n correct the attachment request according to the reasons for such\n determination of incompleteness.\n \t\t\t\t\tb. A public utility shall respond to a new attacher’s complete\n attachment request either by (i) granting access or (ii) consistent with\n subsection D, denying access within 75 days after the receipt of such\n request.\n \t\t\t\t\tc. (1) Within 75 days of receiving a complete attachment request, a\n public utility shall complete a survey of the affected poles.\n\n A public utility shall permit the new attacher and any existing attachers to\n the affected poles to be present for any field inspection conducted as part\n of such public utility’s survey pursuant to subdivision (1). A public\n utility shall use commercially reasonable efforts to provide such new and\n existing attachers at least five business days’ advance notice of such\n field inspection and shall provide in such notice the time, date, and\n location of such survey and the name of the contractor performing such\n survey, if applicable. Any attacher attending such field inspection shall do\n so at its own risk and expense.\n\n 2. If a new attacher’s request for access is not denied, a public\n utility shall present to such new attacher a detailed, itemized estimate, on a\n pole-by-pole basis, if requested, of charges to perform all necessary\n rearrangement within 20 days after providing the response required by\n subdivision 1. If the new attacher requests an estimate on such pole-by-pole\n basis and the public utility incurs fixed costs that are not reasonably\n calculable on a pole-by-pole basis, such public utility may present charges on\n a per-job basis rather than on a pole-by-pole basis for such fixed cost\n charges. The public utility shall provide documentation sufficient to\n determine the basis of all estimated charges, including any projected\n material, labor, and other related costs that form the basis of such estimate.\n \t\t\t\ta. A public utility may withdraw an outstanding estimate of charges to\n perform rearrangement work beginning 30 days after the estimate is presented.\n A new attacher may accept a valid estimate and pay such charges at any time\n after receiving such estimate except if such estimate is withdrawn.\n \t\t\t\tb. After a public utility completes rearrangement, if the cost of the work\n performed differs from the estimate, such public utility shall provide the new\n attacher a detailed, itemized final invoice of the actual rearrangement\n charges incurred, on a pole-by-pole basis, if requested, to accommodate the\n new attachment. If the new attacher requests an invoice on such pole-by-pole\n basis and the public utility incurs fixed costs that are not reasonably\n calculable on a pole-by-pole basis, such public utility may present charges on\n a per-job basis rather than on a pole-by-pole basis for such fixed cost\n charges. The public utility shall provide documentation sufficient to\n determine the basis of all charges, including material, labor, and other\n related costs that form the basis of such estimate.\n\n 3. Upon a public utility’s receipt of payment pursuant to subdivision 2\n a, such public utility shall immediately notify in writing all known existing\n attachers that may be affected by such rearrangement. Such notice shall:\n \t\t\t\ta. Specify the details and location of such rearrangement;\n \t\t\t\tb. Set a completion date for such rearrangement that is no later than 95\n days after such notice is sent;\n \t\t\t\tc. Provide that any entity with an existing attachment may modify such\n attachment consistent with the specified rearrangement before the date of such\n rearrangement; and\n \t\t\t\td. Provide the name, telephone number, and email address of a contact\n person for more information about the rearrangement procedure.\n \t\t\t\tUpon providing such notice, a public utility shall provide the new\n attacher with a copy of any such notice, the contact information of any\n existing attachers, and any address to which such public utility sent such\n notice. The new attacher shall be responsible for coordinating with existing\n attachers to encourage the completion of rearrangement by the completion date\n specified in such notice.\n\n 4. A public utility shall complete any rearrangement by the completion date\n provided in the notice described in subdivision 3.\n\n 5. a. A public utility may deviate from the time limits specified in this\n section before offering an estimate of charges if the parties involved have no\n agreement specifying the rates, terms, and conditions of attachment.\n \t\t\t\tb. A public utility may deviate from the time limits specified in this\n subsection during performance of a rearrangement for good and sufficient\n cause, as defined by the Commission, that renders it unfeasible for such\n public utility to complete rearrangement within such time limits. A public\n utility making such deviation shall immediately notify in writing the new\n attacher and affected existing attachers, and such notice shall identify the\n affected poles and include a detailed explanation of the reason for such\n deviation and a new completion date. No such deviation shall occur for a\n period longer than necessary to complete rearrangement of the affected poles,\n and such public utility shall resume rearrangement without discrimination upon\n returning to routine operations.\n\n 6. If the pole attachment request of a telecommunications service provider or\n cable television system would cause the aggregate number of attachments or\n attachment requests by all attachers to exceed the lesser of 300 poles per\n month or 0.5 percent of the total poles owned by a public utility in any given\n month, then such public utility shall promptly notify such new attacher and\n shall negotiate in good faith to contract with a mutually agreed upon\n third-party entity to perform all necessary work that such public utility\n would otherwise perform, within a reasonable timeframe and in accordance with\n the cost allocation principles set forth in this section. In negotiating for a\n reasonable timeframe for the performance of work, the parties involved shall\n use their best efforts to comply with the timeframes established in\n subdivisions 1, 2, and 3. All work performed by a contracted entity under this\n subdivision shall be subject to the oversight of the public utility, which may\n only assess the new attacher for the actual, reasonable costs of such\n oversight.\n\n 7. Notwithstanding any other provision of law, a public utility subject to\n this section shall not apportion to a telecommunications service provider or\n cable television system the cost of replacing a red-tagged pole, provided that\n such public utility may apportion to a telecommunications service provider or\n cable television system the incremental cost of a taller or stronger pole that\n is necessitated solely by the new facilities of such telecommunications\n service provider or cable television system.\n\nH. The Commission is authorized to enforce the requirements of this section and\nto determine just and reasonable rates, and terms and conditions of service,\nexcluding safety and debt collection, for attachments to electric cooperative\npoles by telecommunications service providers or cable television systems if,\nfollowing good faith negotiations to do so, the parties cannot reach agreement\nthereon; however, the Commission shall not determine rates or terms and\nconditions for any existing agreement until it expires or is terminated pursuant\nto its own terms. The terms of an expired or terminated agreement shall continue\nto govern while good faith negotiations or Commission review pursuant to this\nsection are pending. Such determinations shall be made in accordance with the\nfollowing:\n\n 1. Just and reasonable pole attachment rates and terms and conditions of\n service to be determined by the Commission shall include, without limitation,\n rearrangement and make-ready costs, pole replacement costs, and all other\n costs directly related to pole attachments and maintenance, replacement, and\n inspection of poles or pole attachments, and right of way maintenance\n essential to pole attachments, provided, however, that cost recovery for\n rearrangement, make-ready, and pole replacement addressed in terms and\n conditions shall not also be included in annual rental rates;\n\n 2. In determining pole attachment rates, terms, and conditions, the Commission\n shall consider (i) any effect of such rates, terms, and conditions on the\n deployment or utilization, or both, of broadband and other telecommunications\n services, (ii) the interests of electric cooperatives’ members, and\n (iii) the overall public interest;\n\n 3. The Commission may develop and utilize alternative forms of dispute\n resolution for purposes of addressing disputes (i) arising under this\n subsection and (ii) falling within the scope of the Commission’s\n authority established hereunder;\n\n 4. The Commission shall resolve disputes (i) involving pole access, including\n the allocation of rearrangement costs, within 90 days and (ii) concerning all\n other matters arising under this section within 120 days, provided, however,\n that either period may be extended by Commission order for an additional\n period not to exceed 60 days;\n\n 5. The Commission is authorized to assess reasonable application fees to\n recover appropriate Commission costs of proceedings arising under this\n subsection; and\n\n 6. The Commission is authorized to develop, if necessary, rules and\n regulations, including a definition of good faith negotiations, to implement\n this section.\n\nHISTORY: 2001, c. 76; 2006, cc. 73, 76; 2012, cc. 545, 674; 2024, cc. 799, 822.","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}}