                                 CODE OF VIRGINIA

ACCESS TO LOCALITY RIGHTS-OF-WAY FOR INSTALLATION AND MAINTENANCE OF SMALL CELL
FACILITIES ON EXISTING STRUCTURES (§ 56-484.29)

A. Upon application by a wireless services provider or wireless infrastructure
provider, a locality may issue a permit granting access to the public
rights-of-way it operates and maintains to install and maintain small cell
facilities on existing structures. Such a permit shall grant access to all
rights-of-way in the locality for the purpose of installing small cell
facilities on existing structures, provided that the wireless services provider
or wireless infrastructure provider (i) has permission from the owner of the
structure to co-locate equipment on that structure and (ii) provides notice of
the agreement and co-location to the locality. The locality shall approve or
disapprove any such requested permit within 60 days of receipt of the complete
application. Within 10 days after receipt of an application and a valid
electronic mail address for the applicant, the locality shall notify the
applicant by electronic mail whether the application is incomplete and specify
any missing information; otherwise, the application shall be deemed complete.
Any disapproval shall be in writing and accompanied by an explanation for the
disapproval. The 60-day period may be extended by the locality in writing for a
period not to exceed an additional 30 days. The permit request shall be deemed
approved if the locality fails to act within the initial 60 days or an extended
30-day period. No such permit shall be required for providers of
telecommunications services and nonpublic providers of cable television,
electric, natural gas, water, and sanitary sewer services that, as of July 1,
2017, already have facilities lawfully occupying the public rights-of-way under
the locality&#8217;s jurisdiction.

B. Localities shall not impose any fee for the use of the rights-of-way, except
for zoning, subdivision, site plan, and comprehensive plan fees of general
application, 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, a locality may prescribe and charge a reasonable fee not
to exceed $250 for processing a permit application under subsection A.

C. Localities shall not impose any fee or require any application or 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
locality 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.