                                 CODE OF VIRGINIA

ATTACHMENT OF SMALL CELL FACILITIES ON GOVERNMENT-OWNED STRUCTURES (§
56-484.31)

A. If the Commonwealth or a locality agrees to permit a wireless services
provider or a wireless infrastructure provider to attach small cell facilities
to government-owned structures, both the government entity and the wireless
services or wireless infrastructure provider shall negotiate in good faith to
arrive at a mutually agreeable contract terms and conditions.

B. The rates, terms, and conditions for such agreement shall be just and
reasonable, cost-based, nondiscriminatory, and competitively neutral, and shall
comply with all applicable state and federal laws. However, rates for
attachments to government-owned buildings may be based on fair market value.

C. For utility poles owned by a locality or the Commonwealth that support aerial
cables used for video, communications, or electric service, the parties shall
comply with the process for make-ready work under 47 U.S.C. &#xA7; 224 and
implementing regulations. The good faith estimate of the government entity
owning or controlling the utility pole for any make-ready work necessary to
enable the utility pole to support the requested co-location shall include pole
replacement if necessary.

D. For utility poles owned by a locality or the Commonwealth that do not support
aerial cables used for video, communications, or electric service, the
government entity owning or controlling the utility pole shall provide a good
faith estimate for any make-ready work necessary to enable the utility pole to
support the requested co-location, including pole replacement, if necessary,
within 60 days after receipt of a complete application. Make-ready work,
including any pole replacement, shall be completed within 60 days of written
acceptance of the good faith estimate by the wireless services provider or a
wireless infrastructure provider.

E. The government entity owning or controlling the utility pole shall not
require more make-ready work than required to meet applicable codes or industry
standards. Charges for make-ready work, including any pole replacement, shall
not exceed actual costs or the amount charged to other wireless services
providers, providers of telecommunications services, and nonpublic providers of
cable television and electric services for similar work and shall not include
consultants&#8217; fees or expenses.

F. The annual recurring rate to co-locate a small cell facility on a
government-owned utility pole shall not exceed the actual, direct, and
reasonable costs related to the wireless services provider&#8217;s or wireless
infrastructure provider&#8217;s use of space on the utility pole. In any
controversy concerning the appropriateness of the rate, the government entity
owning or controlling the utility pole shall have the burden of proving that the
rates are reasonably related to the actual, direct, and reasonable costs
incurred for use of space on the utility pole for such period.

G. This section shall not apply to utility poles, structures, or property of an
electric utility owned or operated by a municipality or other political
subdivision.

HISTORY: 2017, c. 835.