Virginia Wireless Services Authority Act; rates and charges. (HB2108)

Introduced By

Del. Kathy Byron (R-Lynchburg) with support from co-patrons Del. Jennifer Boysko (D-Herndon), Del. Tim Hugo (R-Centreville), Del. Jay Leftwich (R-Chesapeake), and Del. Randy Minchew (R-Leesburg)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Virginia Broadband Deployment Act. Provides that a locality or a locality's affiliate may own and operate a broadband or Internet communications system, including ownership or lease of fiber optic or other communications lines and facilities, to provide broadband expansion services if a variety of conditions are met, including a report or study by an independent consulting firm knowledgeable and experienced in analyzing broadband deployment, such as the Center for Innovative Technology, which report or study specifically identifies any unserved areas. An unserved area is an area in which broadband speeds are not generally available from any provider. The bill defines "broadband speeds" as average Internet speeds of both 10 Mbps or more download and 1 Mbps or more upload. A locality or a locality's affiliate that seeks or desires to provide "overbuild broadband services," shall not do so unless it complies with various operating requirements. The bill defines "overbuild broadband services" as broadband or Internet services offered by a locality or its affiliate in exchange for compensation that do not qualify as internal government services or broadband expansion services. The bill also repeals several disclosure exclusions related to local telecommunications services that currently exist under the Freedom of Information Act ( 2.2-3700 et seq.). Amends § 15.2-2160, § 2.2-3705.6, § 2.2-3711, § 32.1-276.5:1, § 56-265.4:4, of the Code of Virginia. Read the Bill »

Outcome

Bill Has Passed

History

  • 01/10/2017 Committee
  • 01/10/2017 Prefiled and ordered printed; offered 01/11/17 17103873D
  • 01/10/2017 Referred to Committee on Commerce and Labor
  • 01/13/2017 Impact statement from DPB (HB2108)
  • 01/26/2017 Draft Committee substitute printed to LIS only 17104749D-H1
  • 01/31/2017 Impact statement from DPB (HB2108H1)
  • 02/02/2017 Reported from Commerce and Labor with substitute (11-Y 9-N) (see vote tally)
  • 02/02/2017 Committee substitute printed 17105141D-H2
  • 02/03/2017 Impact statement from DPB (HB2108H2)
  • 02/04/2017 Read first time
  • 02/06/2017 Read second time
  • 02/06/2017 Committee substitute agreed to 17105141D-H2
  • 02/06/2017 Engrossed by House - committee substitute HB2108H2
  • 02/07/2017 Read third time and passed House (72-Y 24-N 1-A)
  • 02/07/2017 VOTE: PASSAGE (72-Y 24-N 1-A) (see vote tally)
  • 02/08/2017 Constitutional reading dispensed
  • 02/08/2017 Referred to Committee on Commerce and Labor
  • 02/13/2017 Reported from Commerce and Labor with amendment (10-Y 1-N 1-A) (see vote tally)
  • 02/15/2017 Constitutional reading dispensed (40-Y 0-N) (see vote tally)
  • 02/16/2017 Read third time
  • 02/16/2017 Reading of amendment waived
  • 02/16/2017 Committee amendment agreed to
  • 02/16/2017 Engrossed by Senate as amended
  • 02/16/2017 Passed Senate with amendment (35-Y 3-N 1-A) (see vote tally)
  • 02/20/2017 Placed on Calendar
  • 02/20/2017 Senate amendment agreed to by House (79-Y 13-N 1-A)
  • 02/20/2017 VOTE: ADOPTION (79-Y 13-N 1-A) (see vote tally)
  • 02/23/2017 Enrolled
  • 02/23/2017 Bill text as passed House and Senate (HB2108ER)
  • 02/23/2017 Signed by Speaker
  • 02/24/2017 Impact statement from DPB (HB2108ER)
  • 02/24/2017 Signed by President
  • 02/28/2017 Enrolled Bill communicated to Governor on 2/28/17
  • 02/28/2017 G Governor's Action Deadline Midnight, March 27, 2017
  • 03/13/2017 G Approved by Governor-Chapter 389 (effective 7/1/17)
  • 03/13/2017 G Acts of Assembly Chapter text (CHAP0389)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 6 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.

>>. >>> PROVIDING A CHARTER FOR THE CITY OF WILLIAMSBERG RELATED TO REDEVELOPMENT AND HOUSING AUTHORITY.

Del. Bill Howell (R-Fredericksburg): SHALL THE BILL PASS? CLERK WILL CLOSE THE ROLL.

[Unknown]: AYE, 95, NOS, ONE. THE BILL IS PASSED. CONTINUING HOUSE BILLS THIRD READING REGULAR, PAGE 58 OF PRINTED CALENDAR, HOUSE BILL 1987, A BILL TO AMEND AND REENACT SEVERAL SECTION OF THE CODE OF VIRGINIA RELATING TO ALCOHOL BEVERAGE CONTROL NEW LICENSE FOR CERTAIN COMMERCIAL LIFE STYLE CENTERS.

Del. Bill Howell (R-Fredericksburg): SHALL THE BILL PASS? CLERK WILL CLOSE THE ROLL.

[Unknown]: AYE, 82, NO, 14. THE BILL IS PASSED. HOUSE BILL 2000, A BILL TO AMEND THE CODE OF VIRGINIA RELATING TO SANCTUARY POLICY.

Del. Bill Howell (R-Fredericksburg): SHALL THE BILL PASS? CLERK WILL CLOSE THE ROLL.

[Unknown]: AYE, 63, NO, 33. THE BILL IS PASSED. HOUSE BILL 2066, A BILL TO AMEND THE CODE OF VIRGINIA RELATING TO NATIONAL CRIME PREVENTION AND PRIVACY COMPACT OF 1998.

Del. Bill Howell (R-Fredericksburg): SHALL THE BILL PASS? CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES84, NOS, 11. THE BILL IS PASSED. HOUSE BILL 2092, A BILL TO AMEND AND REENACT SECTION OF THE CODE OF VIRGINIA RELATING TO APPLICATION FOR PUBLIC ASSISTANCE, REVIEW OF RECORDS.

Del. Bill Howell (R-Fredericksburg): SHALL THE BILL PASS? CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES, 65, NOS, 32. THE BILL IS PASSED. HOUSE BILL 2108, A BILL TO AMEND AND REENACT SECTION OF THE CODE OF VIRGINIA RELATED TO THE VIRGINIA WIRELESS SERVICES AUTHORITY ACT, RATES AND CHARGES. GENTLE WOMAN FROM ALEXANDRIA, MISS HERRING SPEAKING TO THE BILL? NO, SIR, NOT THIS BILL. DO YOU WANT TO BE RECOGNIZED? MR. SPEAKER, I DON'T KNOW IF


Del. Bill Howell (R-Fredericksburg): DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 39, NOS 0. AYESES 39, NOS 0, THE MOTION IS AGREED TO. KEER. PERIOD OF TIME SENATOR FROM FALK -- FALK KEER. THANK YOU, MR. PRESIDENT. I MOVE THAT WE ADVANCE AND ENGROSS THE BILL TO ITS THIRD READING. THANK YOU, SENATOR. THE QUESTION IS SHALL THE RESOLUTION BE ENGROSSED AND ADVANCED TO THIRD READING. ALL THOSE IN FAVOR OF THE MOTION WILL SAY AYE, THOSE OPPOSED NO. THE AYES HAVE IT. THE RESOLUTION IS ENGROSSED AND ADVANCED TO THIRD READING. . THE SENATOR FROM FALK KEER. THANK YOU, MR. PRESIDENT. I MOVE WE SUSPEND THE RULES AND WAIVE THE THIRD READING. THANK YOU, SENATOR. THE QUESTION IS SHALL THE RULES BE SUSPENDED AND THE THIRD READING BE ALL IN FAVOR OF THE MOTION WILL RECORD THEIR VOTES AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL. AYES 40, NOS 0. AYES 40, NOS 0, THE MOTION IS AGREED TO. THE SENATOR FROM FAUQUIER. THANK YOU, MR. PRESIDENT. I MOVE THAT SJR 390 PASS AND SPEAKING TO THE MOTION. THE SENATOR HAS THE FLOOR. THANK YOU M PRESIDENT. WE MOVED THIS ALL THE WAY THROUGH BECAUSE THESE OF THE GOVERNOR'S APPOINTMENTS THAT I WAS CARRYING AND WEENTED TO MOVE THEM OFF THE FLOOR TODAY AND WITH THAT, I WOULD ASK THAT THE BODY MEESE VOTE FOR THE RESOLUTION.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS SHALL SJR 390 BE AGREED ALL IN FAVOR OF THE MOTION WILL RECORD THEIR VOTES AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 40, NOS 0. AYES 40, NOS 7. THE RESOLUTION IS AGREED TO. MEMORIAL RESOLUTIONS. THE SENATOR FROM JAMES CITY COUNTY, SENATOR NORMENT.

Sen. Tommy Norment (R-Williamsburg): MR. PRESIDENT, I WOULD NOW MOVE THAT ALL THE MEMORIAL RESOLUTIONS ON PAGE 69 THROUGH 71, BE AGREED TO IN THE BLOCK IN THE USUAL MANNER, WAIVING THE READING OF THE RESOLUTION. ANY SENATOR WHO DESIRES TO REMOVE A MEMORIAL RESOLUTION FROM THE BLOCK SHOULD PLEASE DO SO AFTER THE CLERK HAS READ THE TITLE OF THAT RESOLUTION.

[Unknown]: THANK YOU, SENATOR. THE QUESTION IS SHALL THE MEMORIAL RESOLUTIONS ON PAGES 69 THROUGH 72, HJR 601 THROUGH SR 146 BE CONSIDERED IN THE BLOCK IN THE USUAL MANNER, WAIVING THE READING OF THE RESOLUTIONS THEREOF WITH THE UNDERSTANDING THAT ANY SENATOR DESIRING A RESOLUTION REMOVED FROM THE BLOCK WOULD DO SO AFTER THE CLERK HAS READ THE TITLE OF THE RESOLUTION. ALL IN FAVOR OF THE MOTION SAY AYE. THOSE OPPOSED, NO. THE AYES HAVE IT. THE MOTION IS AGREED TO. THE RESOLUTIONS ARE BEFORE US IN THE BLOCK. THE CLERK WILL PLEASE READ THE TITLES OF THE MEMORIAL RESOLUTIONS.

Sen. Tommy Norment (R-Williamsburg): HOUSE JOINT RESOLUTION 601 CELEBRATING THE LIFE OF HERMAN J. OBERMAYER. HOUSE JOINT RESOLUTION 851 CELEBRATING THE LIFE OF ELIE

Comments

David P., tracking this bill in Photosynthesis, notes:

This prohibits municipal broadband deployments except in very limited circumstances - hopefully it will not pass. The bill VA already has limiting community broadband is bad enough.

R W Spangler writes:

I see this as a blatant push to allow major large providers charge above average prices for less than adequate services.

Further, the following section provides them the ability to gain unpaid access to capital assets without equitable payment. The certainly would not provide similar access.

. . In providing communications services, a locality or its affiliate shall provide nondiscriminatory access to its poles, conduits, rights of way, dark fiber, and towers or other structures, to any private party offering any communications services within the locality, including, without limitation, collocation rights and access to leased fiber, unless the facilities of the locality or its affiliate have insufficient capacity for such access and additional capacity cannot reasonably be added to the facilities due to physical limitations. providing communications services, a locality or its affiliate shall provide nondiscriminatory access to its poles, conduits, rights of way, dark fiber, and towers or other structures, to any private party offering any communications services within the locality, including, without limitation, collocation rights and access to leased fiber, unless the facilities of the locality or its affiliate have insufficient capacity for such access and additional capacity cannot reasonably be added to the facilities due to physical limitations.

This bill will kill completion, leave many low population without services, reduce employment potential, and allow further abuse of customers. Please do not allow this bill to move forward.

Jim B writes:

It seems too many of our legislators are in the hands of the utility companies. See HB1766.

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