15.2-2108.23 - Regulation of rights-of-way; fees.
§ 15.2-2108.23. Regulation of rights-of-way; fees.
A. To the extent that a franchised cable operator has been authorized to usethe public rights-of-way in a locality and is obligated to pay a franchisefee to such locality, such cable operator shall not be subject to anyoccupancy, use, or similar fee, with respect to its use of suchrights-of-way, by the locality or the Commonwealth Transportation Boardexcept to the extent that such cable operator is also a certificated providerof telecommunications services and subject to the public rights-of-way usefee under § 56-468.1. The Commonwealth Transportation Board may charge, on anondiscriminatory basis, fees to recover the approximate actual cost incurredfor the issuance of a permit to perform work within the rights-of-way and forinspections to ensure compliance with the conditions of the permit, as suchfees shall be established by regulations adopted under the AdministrativeProcess Act (§ 2.2-4000 et seq.); however, such fees may not apply tocertificated providers of telecommunications services except to the extentpermitted under §§ 56-458, 56-462, and 56-468.1.
B. A locality may charge, on a nondiscriminatory basis, fees to recover theapproximate actual cost incurred for the issuance of a permit to perform workwithin the rights-of-way and for inspections to ensure compliance with theconditions of the permit, as such fees existed on February 1, 1997, or assubsequently modified by ordinance; however, such fees may not apply tocertificated providers of telecommunications services except to the extentpermitted under §§ 56-458, 56-462, and 56-468.1. The limitation as to feescharged for the use of the public rights-of-way shall not be applicable topole attachments and conduit occupancy agreements between a franchised cableoperator and a locality or its authority or commission, which permits suchoperator to use the public poles or conduits.
C. Except as provided in §§ 56-458, 56-462, and 56-468.1 and in any rulesadopted by the Commonwealth Transportation Board under § 33.1-12, the cablefranchise granted hereunder supersedes and replaces any and all otherrequirements and fees in local laws and the laws of the Commonwealth relatingto the use of the public rights-of-way by a cable system or other facilitiesfor the provision of cable service, whether such other authorizations aredesignated as franchises, permits, consents, ordinances, or otherwise. Nocable operator that is (i) a certificated provider of telecommunicationsservices that has previous consent to use the public rights-of-way in alocality through a franchise or (ii) a certificated provider oftelecommunications services that lacked prior consent to provide cableservice in a locality but provided telecommunications service over facilitiesleased from an entity having previous consent to use the public rights-of-wayin such locality through a franchise and granted a franchise and paying feespursuant to this section shall be required, in order to develop or operate acable system or other facilities to provide video services, to (a) obtainconsent in accordance with §§ 15.2-2015 through 15.2-2017, § 56-458 or56-462, except for permits or other permission to open streets and roads, or(b) submit bids, bonds or applications in accordance with §§ 15.2-2100through 15.2-2105, except for reasonable performance bonds or letters ofcredit not in excess of $50,000. The restrictions in §§ 15.2-2015 through15.2-2018, 15.2-2100 through 15.2-2105, 15.2-2106 and 15.2-2107, includingbut not limited to the advertisement and receipt of bids for franchises,shall not apply to a cable system or other facilities used to provide cableservices by a cable operator that is a certificated provider oftelecommunications services with previous consent to use the publicrights-of-way in a locality through a franchise, including the provision oftelecommunications services over facilities leased from an entity withprevious consent to use the public rights-of-way in a locality through afranchise, but without previous consent to provide cable service in thatlocality.
(2006, cc. 73, 76.)