{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/56-484.31.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/56-484.31.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/56-484.31.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/56-484.31.html"}],"law_id":85520,"edition_id":1,"section_id":85520,"structure_id":16627,"section_number":"56-484.31","catch_line":"Attachment of small cell facilities on government-owned structures","history":"2017, c. 835.","full_text":"A\n\nIf the Commonwealth or a locality agrees to permit a wireless services provider or a wireless infrastructure provider to attach small cell facilities to government-owned structures, both the government entity and the wireless services or wireless infrastructure provider shall negotiate in good faith to arrive at a mutually agreeable contract terms and conditions.B\n\nThe rates, terms, and conditions for such agreement shall be just and reasonable, cost-based, nondiscriminatory, and competitively neutral, and shall comply with all applicable state and federal laws. However, rates for attachments to government-owned buildings may be based on fair market value.C\n\nFor utility poles owned by a locality or the Commonwealth that support aerial cables used for video, communications, or electric service, the parties shall comply with the process for make-ready work under 47 U.S.C. § 224 and implementing regulations. The good faith estimate of the government entity owning or controlling the utility pole for any make-ready work necessary to enable the utility pole to support the requested co-location shall include pole replacement if necessary.D\n\nFor utility poles owned by a locality or the Commonwealth that do not support aerial cables used for video, communications, or electric service, the government entity owning or controlling the utility pole shall provide a good faith estimate for any make-ready work necessary to enable the utility pole to support the requested co-location, including pole replacement, if necessary, within 60 days after receipt of a complete application. Make-ready work, including any pole replacement, shall be completed within 60 days of written acceptance of the good faith estimate by the wireless services provider or a wireless infrastructure provider.E\n\nThe government entity owning or controlling the utility pole shall not require more make-ready work than required to meet applicable codes or industry standards. Charges for make-ready work, including any pole replacement, shall not exceed actual costs or the amount charged to other wireless services providers, providers of telecommunications services, and nonpublic providers of cable television and electric services for similar work and shall not include consultants’ fees or expenses.F\n\nThe annual recurring rate to co-locate a small cell facility on a government-owned utility pole shall not exceed the actual, direct, and reasonable costs related to the wireless services provider’s or wireless infrastructure provider’s use of space on the utility pole. In any controversy concerning the appropriateness of the rate, the government entity owning or controlling the utility pole shall have the burden of proving that the rates are reasonably related to the actual, direct, and reasonable costs incurred for use of space on the utility pole for such period.G\n\nThis section shall not apply to utility poles, structures, or property of an electric utility owned or operated by a municipality or other political subdivision.","order_by":null,"text":{"0":{"id":306347,"text":"If the Commonwealth or a locality agrees to permit a wireless services provider or a wireless infrastructure provider to attach small cell facilities to government-owned structures, both the government entity and the wireless services or wireless infrastructure provider shall negotiate in good faith to arrive at a mutually agreeable contract terms and conditions.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":306348,"text":"The rates, terms, and conditions for such agreement shall be just and reasonable, cost-based, nondiscriminatory, and competitively neutral, and shall comply with all applicable state and federal laws. However, rates for attachments to government-owned buildings may be based on fair market value.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":306349,"text":"For utility poles owned by a locality or the Commonwealth that support aerial cables used for video, communications, or electric service, the parties shall comply with the process for make-ready work under 47 U.S.C. § 224 and implementing regulations. The good faith estimate of the government entity owning or controlling the utility pole for any make-ready work necessary to enable the utility pole to support the requested co-location shall include pole replacement if necessary.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":306350,"text":"For utility poles owned by a locality or the Commonwealth that do not support aerial cables used for video, communications, or electric service, the government entity owning or controlling the utility pole shall provide a good faith estimate for any make-ready work necessary to enable the utility pole to support the requested co-location, including pole replacement, if necessary, within 60 days after receipt of a complete application. Make-ready work, including any pole replacement, shall be completed within 60 days of written acceptance of the good faith estimate by the wireless services provider or a wireless infrastructure provider.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":306351,"text":"The government entity owning or controlling the utility pole shall not require more make-ready work than required to meet applicable codes or industry standards. Charges for make-ready work, including any pole replacement, shall not exceed actual costs or the amount charged to other wireless services providers, providers of telecommunications services, and nonpublic providers of cable television and electric services for similar work and shall not include consultants’ fees or expenses.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":306352,"text":"The annual recurring rate to co-locate a small cell facility on a government-owned utility pole shall not exceed the actual, direct, and reasonable costs related to the wireless services provider’s or wireless infrastructure provider’s use of space on the utility pole. In any controversy concerning the appropriateness of the rate, the government entity owning or controlling the utility pole shall have the burden of proving that the rates are reasonably related to the actual, direct, and reasonable costs incurred for use of space on the utility pole for such period.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":306353,"text":"This section shall not apply to utility poles, structures, or property of an electric utility owned or operated by a municipality or other political subdivision.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":16627,"edition_id":1,"name":"Wireless Communications Infrastructure","identifier":"15.1","label":"chapter","depth":2,"order_by":1,"parent_id":12881,"metadata":{},"date_created":"2026-06-26 04:28:20","date_modified":"2026-06-26 04:28:20","permalink":{"id":250095,"object_type":"structure","relational_id":16627,"identifier":"15.1","token":"56\/15.1","url":"\/56\/15.1\/","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":83543,"structure_id":16627,"section_number":"56-484.26","catch_line":"Definitions","url":"\/56-484.26\/","token":"56\/15.1\/56-484.26","metadata":false},{"id":76629,"structure_id":16627,"section_number":"56-484.27","catch_line":"Access to the public rights-of-way by wireless services providers and wireless infrastructure providers; generally","url":"\/56-484.27\/","token":"56\/15.1\/56-484.27","metadata":false},{"id":75523,"structure_id":16627,"section_number":"56-484.28","catch_line":"Access to public rights-of-way operated and maintained by the Department for the installation and maintenance of small cell facilities on existing structures","url":"\/56-484.28\/","token":"56\/15.1\/56-484.28","metadata":false},{"id":74990,"structure_id":16627,"section_number":"56-484.29","catch_line":"Access to locality rights-of-way for installation and maintenance of small cell facilities on existing structures","url":"\/56-484.29\/","token":"56\/15.1\/56-484.29","metadata":false},{"id":73037,"structure_id":16627,"section_number":"56-484.30","catch_line":"Agreements for use of public right-of-way to construct new wireless support structures; relocation of wireless support structures","url":"\/56-484.30\/","token":"56\/15.1\/56-484.30","metadata":false},{"id":85520,"structure_id":16627,"section_number":"56-484.31","catch_line":"Attachment of small cell facilities on government-owned structures","url":"\/56-484.31\/","token":"56\/15.1\/56-484.31","metadata":false},{"id":76949,"structure_id":16627,"section_number":"56-484.32","catch_line":"Wireless support structure public rights-of-way use fee","url":"\/56-484.32\/","token":"56\/15.1\/56-484.32","metadata":false}],"previous_section":{"id":73037,"structure_id":16627,"section_number":"56-484.30","catch_line":"Agreements for use of public right-of-way to construct new wireless support structures; relocation of wireless support structures","url":"\/56-484.30\/","token":"56\/15.1\/56-484.30","metadata":false},"next_section":{"id":76949,"structure_id":16627,"section_number":"56-484.32","catch_line":"Wireless support structure public rights-of-way use fee","url":"\/56-484.32\/","token":"56\/15.1\/56-484.32","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-484.31\/","history_text":"

This law was first created in 2017. The record of its establishment is cataloged in chapter 835<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":250117,"object_type":"law","relational_id":85520,"identifier":"56-484.31","token":"56\/15.1\/56-484.31","url":"\/56-484.31\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/56-484.31\/","token":"56\/15.1\/56-484.31","dublin_core":{"Title":"Attachment of small cell facilities on government-owned structures","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-484.31","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If the Commonwealth or a locality agrees to permit a wireless services provider<\/span> or a wireless infrastructure provider<\/span> to attach small cell facilities to government-owned structures, both the government entity and the wireless services or wireless infrastructure provider<\/span> shall negotiate in good faith to arrive at a mutually agreeable contract<\/span> terms and conditions. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The rates<\/span>, terms, and conditions for such agreement shall be just and reasonable, cost-based, nondiscriminatory, and competitively neutral, and shall comply with all applicable state and federal laws<\/span>. However, rates<\/span> for attachments<\/span> to government-owned buildings may be based on fair market value. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> For utility poles<\/span> owned by a locality or the Commonwealth that support aerial cables used for video, communications, or electric service, the parties shall comply with the process for make-ready work under 47 U.S.C. § 224 and implementing regulations. The good faith estimate of the government entity owning or controlling the utility pole<\/span> for any make-ready work necessary to enable the utility pole<\/span> to support the requested co-location<\/span> shall include pole replacement if necessary. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> For utility poles<\/span> owned by a locality or the Commonwealth that do not support aerial cables used for video, communications, or electric service, the government entity owning or controlling the utility pole<\/span> shall provide a good faith estimate for any make-ready work necessary to enable the utility pole<\/span> to support the requested co-location<\/span>, including pole replacement, if necessary, within 60 days after receipt of a complete application. Make-ready work, including any pole replacement, shall be completed within 60 days of written acceptance of the good faith estimate by the wireless services provider<\/span> or a wireless infrastructure provider<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The government entity owning or controlling the utility pole<\/span> shall not require more make-ready work than required to meet applicable codes or industry standards. Charges for make-ready work, including any pole replacement, shall not exceed actual costs or the amount charged to other wireless services providers<\/span>, providers of telecommunications services, and nonpublic providers of cable television and electric services for similar work and shall not include consultants’ fees or expenses. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The annual recurring rate<\/span> to co-locate<\/span> a small cell facility<\/span> on a government-owned utility pole<\/span> shall not exceed the actual, direct, and reasonable costs related to the wireless services provider<\/span>’s or wireless infrastructure provider<\/span>’s use of space on the utility pole<\/span>. In any controversy concerning the appropriateness of the rate<\/span>, the government entity owning or controlling the utility pole<\/span> shall have the burden of proving that the rates<\/span> are reasonably related to the actual, direct, and reasonable costs incurred for use of space on the utility pole<\/span> for such period. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> This section shall not apply to utility poles<\/span>, structures, or property of an electric utility owned or operated by a municipality<\/span> or other political subdivision. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nATTACHMENT OF SMALL CELL FACILITIES ON GOVERNMENT-OWNED STRUCTURES (\u00a7\n56-484.31)\n\nA. If the Commonwealth or a locality agrees to permit a wireless services\nprovider or a wireless infrastructure provider to attach small cell facilities\nto government-owned structures, both the government entity and the wireless\nservices or wireless infrastructure provider shall negotiate in good faith to\narrive at a mutually agreeable contract terms and conditions.\n\nB. The rates, terms, and conditions for such agreement shall be just and\nreasonable, cost-based, nondiscriminatory, and competitively neutral, and shall\ncomply with all applicable state and federal laws. However, rates for\nattachments to government-owned buildings may be based on fair market value.\n\nC. For utility poles owned by a locality or the Commonwealth that support aerial\ncables used for video, communications, or electric service, the parties shall\ncomply with the process for make-ready work under 47 U.S.C. § 224 and\nimplementing regulations. The good faith estimate of the government entity\nowning or controlling the utility pole for any make-ready work necessary to\nenable the utility pole to support the requested co-location shall include pole\nreplacement if necessary.\n\nD. For utility poles owned by a locality or the Commonwealth that do not support\naerial cables used for video, communications, or electric service, the\ngovernment entity owning or controlling the utility pole shall provide a good\nfaith estimate for any make-ready work necessary to enable the utility pole to\nsupport the requested co-location, including pole replacement, if necessary,\nwithin 60 days after receipt of a complete application. Make-ready work,\nincluding any pole replacement, shall be completed within 60 days of written\nacceptance of the good faith estimate by the wireless services provider or a\nwireless infrastructure provider.\n\nE. The government entity owning or controlling the utility pole shall not\nrequire more make-ready work than required to meet applicable codes or industry\nstandards. Charges for make-ready work, including any pole replacement, shall\nnot exceed actual costs or the amount charged to other wireless services\nproviders, providers of telecommunications services, and nonpublic providers of\ncable television and electric services for similar work and shall not include\nconsultants’ fees or expenses.\n\nF. The annual recurring rate to co-locate a small cell facility on a\ngovernment-owned utility pole shall not exceed the actual, direct, and\nreasonable costs related to the wireless services provider’s or wireless\ninfrastructure provider’s use of space on the utility pole. In any\ncontroversy concerning the appropriateness of the rate, the government entity\nowning or controlling the utility pole shall have the burden of proving that the\nrates are reasonably related to the actual, direct, and reasonable costs\nincurred for use of space on the utility pole for such period.\n\nG. This section shall not apply to utility poles, structures, or property of an\nelectric utility owned or operated by a municipality or other political\nsubdivision.\n\nHISTORY: 2017, c. 835.","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}}