                                 CODE OF VIRGINIA

POLE ATTACHMENTS; CABLE TELEVISION SYSTEMS AND TELECOMMUNICATIONS SERVICE
PROVIDERS (§ 56-466.1)

A. As used in this section:
			&#8220;Cable television system&#8221; means any system licensed, franchised
or certificated pursuant to Article 1.2 (&#xA7; 15.2-2108.19 et seq.) of Chapter
21 of Title 15.2 that transmits television signals, for distribution to
subscribers of its services for a fee, by means of wires or cables connecting
its distribution facilities with its subscriber&#8217;s television receiver or
other equipment connecting to the subscriber&#8217;s television receiver, and
not by transmission of television signals through the air.
			&#8220;Electric cooperative&#8221; means a utility services cooperative
formed under or subject to Article 1 (&#xA7; 56-231.15 et seq.) of Chapter 9.1.
			&#8220;Existing attacher&#8221; means any entity with equipment on a utility
pole.
			&#8220;National electrical safety standards&#8221; means standards provided
in the National Electrical Safety Code.
			&#8220;New attacher&#8221; means a cable television system or
telecommunications service provider requesting a new pole attachment.
			&#8220;Pole attachment&#8221; means any attachment by a cable television
system or provider of telecommunications service to a pole, duct, conduit,
right-of-way or similar facility owned or controlled by a public utility.
			&#8220;Public utility&#8221; has the same meaning ascribed thereto in &#xA7;
56-232 but shall not include any utility that is regulated pursuant to 47 U.S.C.
&#xA7; 224.
			&#8220;Rearrangement&#8221; means work necessitated solely by and at the
request of a telecommunications service provider or cable television system to,
on, or in an existing pole, duct, conduit, right-of-way, or similar facility
owned or controlled by a public utility that is necessary to make such pole,
duct, conduit, right-of-way, or similar facility usable for a pole attachment.
&#8220;Rearrangement&#8221; shall include replacement, necessitated solely by
and at the request of a telecommunications service provider or cable television
system, of the existing pole, duct, conduit, right-of-way, or similar facility
if the existing pole, duct, conduit, right-of-way, or similar facility does not
contain adequate surplus space or excess capacity and cannot be rearranged so as
to create the adequate surplus space or excess capacity required for a pole
attachment.
			&#8220;Red-tagged pole&#8221; means a pole owned or controlled by a public
utility that (i) is designated for replacement for any reason unrelated to a
lack of capacity to accommodate a new attacher&#8217;s request for attachment or
(ii) would have needed to be replaced at the time of replacement even if the new
attachment was not made.
			&#8220;Telecommunications service provider&#8221; means any public service
corporation or public service company that holds a certificate of public
convenience and necessity to furnish local exchange telephone service or
interexchange telephone service.

B. Upon request by a telecommunications service provider or cable television
system to a public utility, both the public utility and the telecommunications
service provider or cable television system shall negotiate in good faith to
arrive at a mutually agreeable contract for attachments to the public
utility&#8217;s poles by the telecommunications service provider or cable
television system. The terms of such contract shall comply with the requirements
of this section.

C. After entering into a contract for attachments to its poles by any
telecommunications service provider or cable television system, a public utility
shall permit, upon reasonable terms and conditions and the payment of just and
reasonable annual charges and the reasonable, actual cost of any required
rearrangement, the attachment of any wire, cable, facility, or apparatus to its
poles or pedestals, or the placement of any wire, cable, facility, or apparatus
in conduit or duct space owned or controlled by it, by such telecommunications
service provider or cable television system that is authorized by law to
construct and maintain the attachment, provided that the attachment does not
interfere, obstruct, or delay the service and operation of the public utility or
create a safety hazard.

D. Notwithstanding the provisions of subsection C, a public utility providing
electric utility service may deny access by a telecommunications service
provider or cable television system to any pole, duct, conduit, right-of-way, or
similar facility owned or controlled, in whole or in part, by such public
utility, provided such denial is made on a nondiscriminatory basis on grounds of
insufficient capacity or reasons of safety, reliability, or generally applicable
engineering principles. Insufficient capacity shall not exist if a rearrangement
can be accomplished consistent with prevailing electric safety and utility
standards as determined by the Commission. In making such determination, the
Commission shall consider national electrical safety standards, the public
interest relating to expanding broadband access in the Commonwealth, the impact
to ratepayers, and other relevant considerations as determined by the
Commission.

E. This section shall not apply to any pole attachments regulated pursuant to 47
U.S.C. &#xA7; 224.

F. A public utility shall establish and adhere to pole attachment practices and
procedures that comply with the requirements of this section.

G. In processing requests for access to a public utility&#8217;s poles, such
public utility shall adhere to the following practices and shall incorporate the
following provisions into its terms and conditions governing pole attachments:

   1. a. A public utility shall review a new attacher&#8217;s attachment request
   for completeness before reviewing such request on its merits. A new
   attacher&#8217;s attachment request shall be considered complete for the
   purposes of this subdivision if such request provides the public utility with
   the information necessary, according to such public utility&#8217;s procedures
   as specified in a master services agreement or in requirements made publicly
   available by such public utility at the time such request is submitted, for
   such public utility to begin to survey the affected poles.

      1. A public utility shall determine within 15 business days after receiving
      a new attacher&#8217;s attachment request whether such request is complete
      for the purposes of subdivision a and shall notify such new attacher of such
      determination and, if such request is determined to be incomplete, the
      reasons for such determination. If such public utility does not respond
      within 15 business days after the receipt of such request, or if such public
      utility rejects such request as incomplete without specifying the reasons
      for such determination, then such request shall be deemed complete for the
      purposes of subdivision a.

      2. A new attacher&#8217;s attachment request that was previously determined
      to be incomplete may be resubmitted, and such resubmission shall only be
      required to address the reasons for such determination specified by the
      public utility. Such resubmitted request shall be deemed complete for the
      purposes of subdivision a within seven business days after its resubmission
      unless the public utility notifies the new attacher of unaddressed reasons
      that such resubmission remains incomplete and how such resubmission fails to
      address such reasons. A new attacher may repeat the resubmission procedure
      described in this subdivision (2) as necessary until the attachment request
      is determined to be complete for the purposes of subdivision a so long as
      such new attacher makes a bona fide attempt with each resubmission to
      correct the attachment request according to the reasons for such
      determination of incompleteness.
      					b. A public utility shall respond to a new attacher&#8217;s complete
      attachment request either by (i) granting access or (ii) consistent with
      subsection D, denying access within 75 days after the receipt of such
      request.
      					c. (1) Within 75 days of receiving a complete attachment request, a
      public utility shall complete a survey of the affected poles.

      A public utility shall permit the new attacher and any existing attachers to
      the affected poles to be present for any field inspection conducted as part
      of such public utility&#8217;s survey pursuant to subdivision (1). A public
      utility shall use commercially reasonable efforts to provide such new and
      existing attachers at least five business days&#8217; advance notice of such
      field inspection and shall provide in such notice the time, date, and
      location of such survey and the name of the contractor performing such
      survey, if applicable. Any attacher attending such field inspection shall do
      so at its own risk and expense.

   2. If a new attacher&#8217;s request for access is not denied, a public
   utility shall present to such new attacher a detailed, itemized estimate, on a
   pole-by-pole basis, if requested, of charges to perform all necessary
   rearrangement within 20 days after providing the response required by
   subdivision 1. If the new attacher requests an estimate on such pole-by-pole
   basis and the public utility incurs fixed costs that are not reasonably
   calculable on a pole-by-pole basis, such public utility may present charges on
   a per-job basis rather than on a pole-by-pole basis for such fixed cost
   charges. The public utility shall provide documentation sufficient to
   determine the basis of all estimated charges, including any projected
   material, labor, and other related costs that form the basis of such estimate.
   				a. A public utility may withdraw an outstanding estimate of charges to
   perform rearrangement work beginning 30 days after the estimate is presented.
   A new attacher may accept a valid estimate and pay such charges at any time
   after receiving such estimate except if such estimate is withdrawn.
   				b. After a public utility completes rearrangement, if the cost of the work
   performed differs from the estimate, such public utility shall provide the new
   attacher a detailed, itemized final invoice of the actual rearrangement
   charges incurred, on a pole-by-pole basis, if requested, to accommodate the
   new attachment. If the new attacher requests an invoice on such pole-by-pole
   basis and the public utility incurs fixed costs that are not reasonably
   calculable on a pole-by-pole basis, such public utility may present charges on
   a per-job basis rather than on a pole-by-pole basis for such fixed cost
   charges. The public utility shall provide documentation sufficient to
   determine the basis of all charges, including material, labor, and other
   related costs that form the basis of such estimate.

   3. Upon a public utility&#8217;s receipt of payment pursuant to subdivision 2
   a, such public utility shall immediately notify in writing all known existing
   attachers that may be affected by such rearrangement. Such notice shall:
   				a. Specify the details and location of such rearrangement;
   				b. Set a completion date for such rearrangement that is no later than 95
   days after such notice is sent;
   				c. Provide that any entity with an existing attachment may modify such
   attachment consistent with the specified rearrangement before the date of such
   rearrangement; and
   				d. Provide the name, telephone number, and email address of a contact
   person for more information about the rearrangement procedure.
   				Upon providing such notice, a public utility shall provide the new
   attacher with a copy of any such notice, the contact information of any
   existing attachers, and any address to which such public utility sent such
   notice. The new attacher shall be responsible for coordinating with existing
   attachers to encourage the completion of rearrangement by the completion date
   specified in such notice.

   4. A public utility shall complete any rearrangement by the completion date
   provided in the notice described in subdivision 3.

   5. a. A public utility may deviate from the time limits specified in this
   section before offering an estimate of charges if the parties involved have no
   agreement specifying the rates, terms, and conditions of attachment.
   				b. A public utility may deviate from the time limits specified in this
   subsection during performance of a rearrangement for good and sufficient
   cause, as defined by the Commission, that renders it unfeasible for such
   public utility to complete rearrangement within such time limits. A public
   utility making such deviation shall immediately notify in writing the new
   attacher and affected existing attachers, and such notice shall identify the
   affected poles and include a detailed explanation of the reason for such
   deviation and a new completion date. No such deviation shall occur for a
   period longer than necessary to complete rearrangement of the affected poles,
   and such public utility shall resume rearrangement without discrimination upon
   returning to routine operations.

   6. If the pole attachment request of a telecommunications service provider or
   cable television system would cause the aggregate number of attachments or
   attachment requests by all attachers to exceed the lesser of 300 poles per
   month or 0.5 percent of the total poles owned by a public utility in any given
   month, then such public utility shall promptly notify such new attacher and
   shall negotiate in good faith to contract with a mutually agreed upon
   third-party entity to perform all necessary work that such public utility
   would otherwise perform, within a reasonable timeframe and in accordance with
   the cost allocation principles set forth in this section. In negotiating for a
   reasonable timeframe for the performance of work, the parties involved shall
   use their best efforts to comply with the timeframes established in
   subdivisions 1, 2, and 3. All work performed by a contracted entity under this
   subdivision shall be subject to the oversight of the public utility, which may
   only assess the new attacher for the actual, reasonable costs of such
   oversight.

   7. Notwithstanding any other provision of law, a public utility subject to
   this section shall not apportion to a telecommunications service provider or
   cable television system the cost of replacing a red-tagged pole, provided that
   such public utility may apportion to a telecommunications service provider or
   cable television system the incremental cost of a taller or stronger pole that
   is necessitated solely by the new facilities of such telecommunications
   service provider or cable television system.

H. The Commission is authorized to enforce the requirements of this section and
to determine just and reasonable rates, and terms and conditions of service,
excluding safety and debt collection, for attachments to electric cooperative
poles by telecommunications service providers or cable television systems if,
following good faith negotiations to do so, the parties cannot reach agreement
thereon; however, the Commission shall not determine rates or terms and
conditions for any existing agreement until it expires or is terminated pursuant
to its own terms. The terms of an expired or terminated agreement shall continue
to govern while good faith negotiations or Commission review pursuant to this
section are pending. Such determinations shall be made in accordance with the
following:

   1. Just and reasonable pole attachment rates and terms and conditions of
   service to be determined by the Commission shall include, without limitation,
   rearrangement and make-ready costs, pole replacement costs, and all other
   costs directly related to pole attachments and maintenance, replacement, and
   inspection of poles or pole attachments, and right of way maintenance
   essential to pole attachments, provided, however, that cost recovery for
   rearrangement, make-ready, and pole replacement addressed in terms and
   conditions shall not also be included in annual rental rates;

   2. In determining pole attachment rates, terms, and conditions, the Commission
   shall consider (i) any effect of such rates, terms, and conditions on the
   deployment or utilization, or both, of broadband and other telecommunications
   services, (ii) the interests of electric cooperatives&#8217; members, and
   (iii) the overall public interest;

   3. The Commission may develop and utilize alternative forms of dispute
   resolution for purposes of addressing disputes (i) arising under this
   subsection and (ii) falling within the scope of the Commission&#8217;s
   authority established hereunder;

   4. The Commission shall resolve disputes (i) involving pole access, including
   the allocation of rearrangement costs, within 90 days and (ii) concerning all
   other matters arising under this section within 120 days, provided, however,
   that either period may be extended by Commission order for an additional
   period not to exceed 60 days;

   5. The Commission is authorized to assess reasonable application fees to
   recover appropriate Commission costs of proceedings arising under this
   subsection; and

   6. The Commission is authorized to develop, if necessary, rules and
   regulations, including a definition of good faith negotiations, to implement
   this section.

HISTORY: 2001, c. 76; 2006, cc. 73, 76; 2012, cc. 545, 674; 2024, cc. 799, 822.