                                 CODE OF VIRGINIA

FRANCHISE TO OCCUPY PARKS, STREETS, ETC.; IMPOSITION OF TERMS, CONDITIONS, ETC.,
AS TO USE OF STREETS, ETC., AND CONSTRUCTION THEREON (§ 56-462)

A. No incorporated city or town shall grant to any such telegraph or telephone
corporation the right to erect its poles, wires, or cables, or to lay its
conduits upon or beneath its parks, streets, avenues, or alleys until such
company shall have first obtained, in the manner prescribed by the laws of this
Commonwealth, the franchise to occupy the same. Any city or town may impose upon
any such corporation any terms and conditions consistent herewith and
supplemental hereto, as to the occupation and use of its parks, streets,
avenues, and alleys, and as to the construction and maintenance of the
facilities of such company along, over, or under the same, that the city or town
may deem expedient and proper. The Department of Transportation may also impose
upon any such company any terms, rules, regulations, requirements, restrictions
and conditions consistent herewith and supplemental hereto, as to the occupation
and use of roads and streets in either state highway system, and as to the
construction, operation or maintenance of the works along, over, or under the
same, which the Department may deem expedient and proper, but not in conflict,
in incorporated cities and towns, with any vested contractual rights of any such
company with such city or town.

B. No locality or the Department of Transportation 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; however, the
provisions of &#xA7; 56-468.1 shall not apply to providers of commercial mobile
radio services.

C. No locality or the Department of Transportation 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 Department of Transportation of a
certificated provider of telecommunications services to use the public
rights-of-way shall be granted or denied within 45 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 Department of Transportation 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
Department of Transportation 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 Department of Transportation may
continue to use pole attachments and conduits utilized as of December 31, 1997.
Any pole attachment or conduit occupancy fees 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 Department of Transportation 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, § 4038; 1926, p. 909; 1971, Ex. Sess., c. 40; 1997, cc.
474, 515; 1998, cc. 742, 758; 2002, cc. 479, 489; 2006, c. 780; 2013, cc. 585,
646.