                                 CODE OF VIRGINIA

ACCESS TO PUBLIC RIGHTS-OF-WAY OPERATED AND MAINTAINED BY THE DEPARTMENT FOR THE
INSTALLATION AND MAINTENANCE OF SMALL CELL FACILITIES ON EXISTING STRUCTURES (§
56-484.28)

A. Upon application by a wireless services provider or wireless infrastructure
provider, the Department shall issue a districtwide permit, consistent with
applicable regulations that do not conflict with this chapter, granting access
to public rights-of-way that it operates and maintains to install and maintain
small cell facilities on existing structures in the rights-of-way. The
application shall include a copy of the agreement under which the applicant has
permission from the owner of the structure to the co-location of equipment on
that structure. If the application is received on or after September 1, 2017,
(i) the Department shall issue the districtwide permit within 30 days after
receipt of the application and (ii) the districtwide permit shall be deemed
granted if not issued within 30 days after receipt of the complete application.
Within 10 days after receipt of an application and a valid electronic mail
address for the applicant, the Department shall notify the applicant by
electronic mail whether the application is incomplete and specify any missing
information; otherwise, the application shall be deemed complete. A districtwide
permit issued for the original installation shall allow the permittee to repair,
replace, or perform routine maintenance operations to small cell facilities once
installed.

B. The Department may require a separate single use permit to allow a wireless
services provider or wireless infrastructure provider to install and maintain
small cell facilities on an existing structure when such activity requires (i)
working within the highway travel lane or requiring closure of a highway travel
lane; (ii) disturbing the pavement, shoulder, roadway, or ditch line; (iii)
placement on limited access rights-of-way; or (iv) any specific precautions to
ensure the safety of the traveling public or the protection of public
infrastructure or the operation thereof. Upon application by a wireless services
provider or wireless infrastructure provider, the Department may issue a single
use permit granting access to install and maintain small cell facilities in such
circumstances. If the application is received on or after September 1, 2017, (a)
the Department shall approve or disapprove the application within 60 days after
receipt of the application, which 60-day period may be extended by the
Department in writing for a period not to exceed an additional 30 days and (b)
the application shall be deemed approved if the Department fails to approve or
disapprove the application within the initial 60 days and any extension thereof.
Any disapproval of an application for a single use permit shall be in writing
and accompanied by an explanation of the reasons for the disapproval.

C. The Department shall not impose any fee for the use of the right-of-way on a
wireless services provider or wireless infrastructure provider to attach or
co-locate small cell facilities on an existing structure in the right-of-way.
However, the Department may prescribe and charge a reasonable fee not to exceed
$750 for processing an application for a districtwide permit or $150 for
processing an application for a single use permit.

D. The Department shall not impose any fee or require a permit for the
installation, placement, maintenance, or replacement of micro-wireless
facilities that are suspended on cables or lines that are strung between
existing utility poles in compliance with national safety codes. However, the
Department may require a single use permit if such activities (i) involve
working within the highway travel lane or require closure of a highway travel
lane; (ii) disturb the pavement, shoulder, roadway, or ditch line; (iii) include
placement on limited access rights-of-way; or (iv) require any specific
precautions to ensure the safety of the traveling public or the protection of
public infrastructure or the operation thereof, and either were not authorized
in or will be conducted in a time, place, or manner that is inconsistent with
terms of the existing permit for that facility or the structure upon which it is
attached.

HISTORY: 2017, c. 835.