                                 CODE OF VIRGINIA

RIGHT TO ERECT LINES PARALLEL TO RAILROADS; OCCUPATION OF ROADS, STREETS, ETC.;
LOCATION OF SAME (§ 56-458)

A. Every telegraph company and every telephone company incorporated by this or
any other state, or by the United States, may construct, maintain and operate
its line along and parallel to any of the railroads of the Commonwealth, and
shall have authority to occupy and use the public parks, roads, works,
turnpikes, streets, avenues and alleys in any of the counties, with the consent
of the board of supervisors or other governing authority thereof, or in any
incorporated city or town, with the consent of the council thereof, and the
waterways within this Commonwealth, for the erection of poles and wires, or
cables, or the laying of underground conduits, portions of which they may lease,
rent, or hire to other like companies; provided, however, that if the road or
street be in the State Highway System or the secondary system of state highways,
the consent of the board of supervisors or other governing authority of any
county shall not be necessary, but a permit for such occupation and use shall
first be obtained from the Commonwealth Transportation Board.

B. No locality or the Commonwealth Transportation Board shall impose any fees on
a certificated provider of telecommunications service for the use of public
rights-of-way except in the manner prescribed in &#xA7; 56-468.1; provided,
however, the provisions of &#xA7; 56-468.1 shall not apply to providers of
commercial mobile radio services.

C. No locality or the Commonwealth Transportation Board shall impose on
certificated providers of telecommunications service, whether by franchise,
ordinance or other means, any restrictions or requirements concerning the use of
the public rights-of-way (including but not limited to the permitting process;
notice, time and location of excavations and repair work; enforcement of the
statewide building code; and inspections), which are (i) unfair or unreasonable
or (ii) any greater than those imposed on the following users of the public
rights-of-way: all providers of telecommunications services and nonpublic
providers of cable television, electric, natural gas, water and sanitary sewer
services. For purposes of this subsection, &#8220;restrictions or requirements
concerning the use of the public rights-of-way&#8221; shall not include any
existing franchise fee or the Public Rights-of-Way Use Fee.

D. Notwithstanding any other provision of law, any permit or other permission
required by a locality pursuant to a franchise, ordinance, or other permission
to use the public rights-of-way or by the Commonwealth Transportation Board of a
certificated provider of telecommunications services to use the public
rights-of-way shall be granted or denied within forty-five days from submission
and, if denied, accompanied by a written explanation of the reasons the permit
was denied and the actions required to cure the denial.

E. No locality receiving directly or indirectly a Public Rights-of-Way Use Fee
or the Commonwealth Transportation Board shall require a certificated provider
of telecommunications services to provide in-kind services or physical assets as
a condition of consent to use public rights-of-way or easements, or in lieu of
the Public Rights-of-Way Use Fee. This shall not limit the ability of
localities, their authorities or commissions which provide utility services, or
the Commonwealth Transportation Board to enter into voluntary pole attachment,
conduit occupancy or conduit construction agreements with certificated providers
of telecommunications service. Any locality, other than a city or town electing
to continue to enforce an existing franchise, ordinance or other form of consent
under subsection J of &#xA7; 56-468.1, or the Commonwealth Transportation Board
may continue to use pole attachments and conduits utilized as of December 31,
1997. Any pole attachment or conduit occupancy fees charged by certificated
providers of telecommunications services for this use shall be waived for
facilities in place as of December 31, 1997, and shall be waived for future
extensions in cities with populations between 60,000 and 70,000, so long as the
locality or the Commonwealth Transportation Board continues to use these
facilities on such poles or in such conduits solely for their internal
communications needs. The fee waiver is for the occupancy fees only, does not
cover any relocation, rearrangement or other make-ready costs, and does not
apply to any county, city or town that has obtained a certificate pursuant to
&#xA7; 56-265.4:4.

HISTORY: Code 1919, § 4035; 1926, p. 907; 1997, cc. 474, 515; 1998, cc. 742,
758; 2002, cc. 479, 489; 2006, c. 780.