                                 CODE OF VIRGINIA

WIRELESS SUPPORT STRUCTURE PUBLIC RIGHTS-OF-WAY USE FEE (§ 56-484.32)

A. Notwithstanding any other provisions of law, there is hereby established an
annual wireless support structure public rights-of-way use fee to replace any
and all fees of general application, except for permit processing, zoning,
subdivision, site plan, and comprehensive plan fees of general application,
otherwise chargeable to wireless services providers and wireless infrastructure
providers in connection with a permit for occupation and use of the public
rights-of-way under the jurisdiction of the Department for the construction of
new wireless support structures.

B. The amount of the annual wireless support structure public rights-of-way use
fee shall be:

   1. $1,000 for any wireless support structure at or below 50 feet in height;

   2. $3,000 for any wireless support structure above 50 feet and at or below 120
   feet in height;

   3. $5,000 for any wireless support structure above 120 feet in height; and

   4. $1 per square foot for any other equipment, shelter, or associated
   facilities constructed on the ground.
   				The fee amount specified in this subsection shall be adjusted every five
   years, as of January 1 of that year, in an amount equal to the annual
   increases for that five-year period in the United States Average Consumer
   Price Index for all items, all urban consumers (CPI-U), as published by the
   Bureau of Labor Statistics of the U.S. Department of Labor, rounded to the
   nearest whole dollar.

C. No later than June 30 of each year, the wireless services provider or
wireless infrastructure provider shall remit directly to the Department any fees
owed pursuant to this section. Such fees shall be deposited in the Highway
Maintenance and Operating Fund established pursuant to &#xA7; 33.2-1530.

D. The Department may elect to continue enforcing any agreement, contract,
license, easement, or permit allowing the use of the public rights-of-way by a
wireless services provider or wireless infrastructure provider existing prior to
July 1, 2018, through and until expiration of the current term of the agreement,
contract, license, easement, or permit.

HISTORY: 2018, cc. 837, 848.