                                 CODE OF VIRGINIA

REIMBURSEMENT FOR RELOCATION COSTS (§ 56-468.2)

A. After July 1, 1998, certificated providers of telecommunications services
shall receive reimbursement for eligible relocation costs incurred at the
direction of a locality that imposes by ordinance the Public Rights-of-Way Use
Fee or the Department of Transportation for new installations as defined in §
56-468.1 in any public rights-of-way in accordance with §§ 56-458 and 56-462
on the basis of age and according to the following schedule. Such reimbursement
shall be received from either (i) the locality that granted the permit or
franchise to use such right-of-way or (ii) the Commonwealth Transportation Board
if the road or street is in the primary or secondary state highway system:

   1. For the first three years after the completion of the installation, the
   certificated provider of telecommunications service shall be reimbursed 100
   percent of the eligible cost for the relocation of facilities installed in the
   public rights-of-way.

   2. For the fourth through sixth year after the completion of the installation,
   the certificated provider of telecommunications service shall be reimbursed 50
   percent of the eligible cost for the relocation of facilities installed in the
   public rights-of-way.

   3. Beginning in the seventh year, the certificated provider of
   telecommunications service shall be responsible for the cost of relocating
   facilities installed in the public rights-of-way.
   				Such reimbursement shall be received from either (i) the locality that
   granted the permit or franchise to use such right-of-way or (ii) the
   Commonwealth Transportation Board if the road or street is in the primary or
   secondary state highway system.

B. The amount of relocation reimbursement in any fiscal year to be reimbursed
under this section shall not exceed the amount of Public Rights-of-Way Use Fees
received by that locality either directly or through its secondary highway fund
apportionment in the preceding fiscal year. For facilities relocated in 1998 and
1999 at the direction of the locality or the Commonwealth Transportation Board,
this limit on relocation reimbursement shall be the estimated annualized fees to
be collected in that locality in 1998 for 1998 relocations and in 1999 for 1999
relocations. If the relocation reimbursement limit will be exhausted on a
relocation project where two or more certificated providers of
telecommunications service are eligible for relocation reimbursement, then the
moneys available under the cap shall be shared by those eligible providers by
prorating the reimbursement based on the reimbursement to which each provider
would be entitled absent the limit.

HISTORY: 1998, cc. 742, 758; 2015, c. 256.