SB351: Localities; authority to provide broadband service.
SENATE BILL NO. 351
Be it enacted by the General Assembly of Virginia:
1. That § 15.2-1500 of the Code of Virginia is amended and reenacted as follows:
§ 15.2-1500. Organization of local government.
A. Every locality shall provide for all the governmental functions of the locality, including, without limitation, the organization of all departments, offices, boards, commissions and agencies of government, and the organizational structure thereof, which are necessary and the employment of the officers and other employees needed to carry out the functions of government.
B. Except as provided in Notwithstanding the provisions of
§ 15.2-2160 or,
Article 5.1 (§ 56-484.7:1 et seq.) of Chapter 15 of Title 56, no or any
other provision of law, general or special, any
locality shall may
establish any department, office, board, commission, agency,
or other governmental division or entity which that has authority to offer
telecommunications equipment,
infrastructure, other than pole or tower attachments including antennas or
conduit occupancy, or services, other than intragovernmental radio dispatch or
paging systems shared by adjoining localities, for sale or lease to any person
or entity other than (i) such locality's departments, offices, boards,
commissions, agencies or other governmental divisions or entities or (ii) an
adjoining locality's departments, offices, boards, commissions, agencies or
other governmental divisions or entities, so long as any charges for such
telecommunications equipment, infrastructure and services do not exceed the
cost to the providing locality of providing such equipment, infrastructure or, Internet access, broadband, information, and data
transmission services. However,
any town which that
is located adjacent to Exit 17 on Interstate 81 and which offered
telecommunications services to the public on January 1, 1998, is hereby
authorized to continue to offer such telecommunications services, but shall not
acquire by eminent domain the facilities or other property of any telephone
company or cable operator. Any locality may sell any
telecommunications infrastructure, including related equipment, which such
locality has constructed, and such locality may receive from the purchaser or
purchasers, as full or partial consideration for the sale of such
infrastructure, communications services to be used solely for internal use of
the locality. The locality shall not be involved in any way in the promotion or
marketing of services provided by any purchaser.
C. A locality, electric commission or board, industrial
development authority, or economic development authority, may lease dark fiber.
For purposes of this section, "dark fiber" means fiber optic cable
that is not lighted by lasers or other electronic equipment. The locality,
electric commission or board, industrial development authority, or economic
development authority, shall
not be involved in the promotion or marketing of the lessee as the provider of
the services.