                                 CODE OF VIRGINIA

USE OF COMMUNICATION TOWERS FOR DEPLOYMENT OF WIRELESS BROADBAND SERVICES IN
UNSERVED AREAS OF THE COMMONWEALTH (§ 2.2-1150.2)

A. As used in this section:
			&#8220;Qualified provider&#8221; means a provider of wireless broadband
service that has obtained all governmental approvals required for the provision
of wireless broadband service in the unserved area in which it seeks to provide
such service.
			&#8220;Unserved area&#8221; means any area within the Commonwealth that is
demonstrated not to have access to terrestrial broadband or radio frequency
Internet service.
			&#8220;Wireless broadband service&#8221; means an Internet connection service
capable of transmitting information at a rate that is not less than 256 kilobits
per second in at least one direction using a wireless link between a fixed
location and the Internet service provider&#8217;s facility. It does not include
wireless fidelity technology used in conjunction with dedicated subscriber line
service or cable service to connect devices within a facility to the Internet
via a broadband connection.

B. Notwithstanding any provision of § 2.2-1156 to the contrary, any state
department, agency, or institution having responsibility for a state-owned
communication tower in an unserved area, subject to guidelines adopted by the
Department, shall lease or convey a license or other interest in the
communication tower to a qualified provider in order to permit the use of the
communication tower by the qualified provider in its deployment of wireless
broadband service within the unserved area or portion thereof. This requirement
is subject to the qualified provider presenting to the Department:

   1. A spectrum and certified structural analysis of the tower that demonstrates
   that:
   				a. The new service will not interfere with current equipment;
   				b. No structural element is beyond 85 percent capacity based on current
   and previously documented future loads; and
   				c. The tower meets the industry standards set forth by ANSI/TIA/EIA 222-F;
   and

   2. Proof that the tower satisfies all applicable local government
   requirements.

C. The Department shall adopt guidelines for (i) determining whether a provider
of wireless broadband service is qualified to provide such service and (ii)
requesting a state department, agency, or institution to enter into a lease or
other conveyance of an interest in a communication tower or site pursuant to
this section.

D. The lease or other conveyance shall be for such consideration as the Director
of the Department deems appropriate, which consideration shall not be required
to be commensurate with the consideration paid for use of comparable space on
similar towers. The lease or other conveyance may include shared use of the
facilities by other political subdivisions or persons providing the same or
similar services, and by departments, agencies, or institutions of the
Commonwealth.

E. The provisions of &#xA7; 2.2-1156 as they apply to lease agreements or
conveyances of any interest shall not apply to any transaction undertaken
pursuant to this section.

F. No transaction authorized by this section shall be made without the prior
approval of the Director of the Department and the approval of the Attorney
General as to the form of any conveyancing instrument prior to execution.

HISTORY: 2008, cc. 676, 690; 2015, c. 351.