                                 CODE OF VIRGINIA

ORDINANCE CABLE FRANCHISES (§ 15.2-2108.21)

A. This section shall govern the procedures by which a locality may grant
ordinance cable franchises.

B. An ordinance cable franchise, which shall have a term of 15 years, may be
requested by (i) a certificated provider of telecommunications services with
previous consent to use the public rights-of-way in a locality through a
franchise; (ii) a certificated provider of telecommunications services that
lacked previous consent to provide cable service in a locality but provided
telecommunications services over facilities leased from an entity having
previous consent to use of the public rights-of-way in such locality through a
franchise; or (iii) a cable operator with previous consent to use the public
rights-of-way to provide cable service in a locality through a franchise and who
seeks to renew its existing cable franchise pursuant to &#xA7; 15.2-2108.30 as
an ordinance cable franchise. A cable operator with previous consent to use the
public rights-of-way to provide cable service in a locality through a franchise
may opt into the new terms of an ordinance cable franchise under &#xA7;
15.2-2108.26.

C. In order to obtain an ordinance cable franchise, an applicant shall first
file with the chief administrative officer of the locality from which it seeks
to receive such ordinance cable franchise a request to negotiate the terms and
conditions of a negotiated cable franchise under &#xA7; 15.2-2108.20. An
applicant shall request and make itself available to participate in cable
franchise negotiations with the locality from which it seeks to receive a
negotiated cable franchise at least 45 calendar days prior to filing a notice
electing an ordinance cable franchise; this prerequisite shall not be applicable
if a locality refuses to engage in negotiations at the request of an applicant
or if the applicant already holds a negotiated cable franchise from the
locality. Thereafter, an applicant, through its president or chief executive
officer, shall file notice with the locality that it elects to receive an
ordinance cable franchise at least 30 days prior to offering cable in such
locality. The notice shall be accompanied by a map or a boundary description
showing (i) the initial service area in which the cable operator intends to
provide cable service in the locality within the three-year period required for
an initial service area and (ii) the area in the locality in which the cable
operator has its telephone facilities. The map or boundary description of the
initial service areas may be amended by the cable operator by filing with the
locality a new map or boundary description of the initial service area.

D. The cable operator shall assure that access to cable services is not denied
to any group of potential residential cable subscribers because of the income of
the residents of the local area in which such group resides. The local
franchising authority shall have the right to monitor and inspect the deployment
of cable services and the cable operator shall submit semiannual progress
reports detailing the current provision of cable services in accordance with the
deployment schedule and its new service area plans for the next six months. The
failure to correct or remedy any material deficiencies shall be subject to the
same remedies as contained in the cable television franchise of the existing
cable operator as that franchise existed at the time of the grant of the
ordinance franchise.

E. The locality from which the applicant seeks to receive an ordinance cable
franchise shall adopt any ordinance requiring adoption under this article within
120 days of the applicant filing the notice required in subsection C. Any
ordinance adopted under this section that relates to a cable operator&#8217;s
provision of cable service shall apply to such cable operator retroactively to
the date on which the cable operator began to offer cable service in the
locality pursuant to this article.

F. Notice of any ordinance that requires a public hearing shall be advertised as
provided in &#xA7; 15.2-1427. All costs of such advertising shall be assessed
against the operator or applicant.

G. If the governing body of any town adopts an ordinance pursuant to the
provisions of this article, such town shall not be subject to any ordinance
adopted by the county within which such town lies.

HISTORY: 2006, cc. 73, 76; 2024, cc. 225, 242.