                                 CODE OF VIRGINIA

UNDERGROUNDING EXISTING OVERHEAD DISTRIBUTION LINES; RELOCATION OF FACILITIES OF
CABLE OPERATOR (§ 56-466.2)

When an investor-owned incumbent electric utility proposes to improve electric
service reliability pursuant to clause (iv) of subdivision A 6 of § 56-585.1 by
installing new underground facilities to replace the utility&#8217;s existing
overhead distribution tap lines, if the utility owns the poles from which the
existing overhead distribution tap lines are to be relocated and any cable
operator of a cable television system, as those terms are defined in §
15.2-2108.19, has also attached its facilities to such poles, the utility shall
provide written notice to the cable operator of the utility&#8217;s intention to
relocate the overhead distribution tap lines not less than 90 days prior to
relocating the utility&#8217;s overhead distribution lines. The cable operator
shall notify the utility within 45 days of the notice of relocation whether the
cable operator will relocate its facilities underground or request to remain
overhead in accordance with the provisions set forth herein. If the cable
operator elects to relocate its facilities underground, in such notice the cable
operator may request that the utility use commercially reasonable efforts to
negotiate a common shared underground easement for the facilities to be located
underground of the utility and the cable operator. The cable operator shall be
responsible to negotiate any additional easements that it may require. If the
cable operator elects to relocate its facilities underground, the cable operator
may participate with the utility in a joint relocation of the overhead lines to
underground or may engage its own contractors to undertake its relocation work
if it deems it appropriate to do so. The utility shall not abandon or remove the
poles that the utility owns until the cable operator completes the relocation or
removal of its facilities or 90 days after the completion of the relocation of
the utility overhead distribution lines, whichever first occurs. If the cable
operator does not elect to relocate its facilities underground and requests to
maintain its facilities overhead, the utility may either (i) convey such poles
&#8220;as-is&#8221; and &#8220;where-is&#8221; to the cable operator at its
depreciated cost less the estimated cost of removal, provided that the cable
operator may legally retain the poles that the utility intends to abandon and
assumes all liability for the poles conveyed or (ii) retain ownership of its
poles and allow the cable operator&#8217;s existing overhead facilities to
remain attached, in which case the utility shall maintain the pole in accordance
with prudent utility standards, provided that the cable operator shall continue
to pay its pole attachment fees and otherwise comply with its contractual
obligations pursuant to the applicable pole attachment agreement. In all cases,
the cable operator shall be responsible for all costs related to the relocation
or maintenance of its facilities.
		In instances in which an investor-owned incumbent electric utility continues
to own and maintain its utility poles after the overhead distribution lines of
the utility formerly on such poles have been placed underground pursuant to the
foregoing provisions, then for purposes of any agreement or ordinance with
respect to a cable franchise under § 15.2-2108.20 or 15.2-2108.21, the utility
shall not be deemed to have converted to underground.

HISTORY: 2017, c. 583; 2018, c. 296.