15.2-2160 - Provision of telecommunications services.
§ 15.2-2160. Provision of telecommunications services.
A. Any locality that operates an electric distribution system may providetelecommunications services, including local exchange telephone service asdefined in § 56-1, within or outside its boundaries if the locality obtains acertificate pursuant to § 56-265.4:4. Such locality may providetelecommunications services within any locality in which it has electricdistribution system facilities as of March 1, 2002. Any locality providingtelecommunications services on March 1, 2002, may provide telecommunications,Internet access, broadband, information, and data transmission serviceswithin any locality within 75 miles of the geographic boundaries of itselectric distribution system as such system existed on March 1, 2002.
B. A locality that has obtained a certificate pursuant to § 56-265.4:4 shall(i) comply with all applicable laws and regulations for the provision oftelecommunications services; (ii) make a reasonable estimate of the amount ofall federal, state, and local taxes (including income taxes and consumerutility taxes) that would be required to be paid or collected for each fiscalyear if the locality were a for-profit provider of telecommunicationsservices, (iii) prepare reasonable estimates of the amount of any franchisefees and other state and local fees (including permit fees and pole rentalfees), and right-of-way charges that would be incurred in each fiscal year ifthe locality were a for-profit provider of telecommunications services, (iv)prepare and publish annually financial statements in accordance withgenerally accepted accounting principles showing the results of operations ofits provision of telecommunications services, and (v) maintain recordsdemonstrating compliance with the provisions of this section that shall bemade available for inspection and copying pursuant to the Virginia Freedom ofInformation Act (§ 2.2-3700 et seq.).
C. Each locality that has obtained a certificate pursuant to § 56-265.4:4shall provide nondiscriminatory access to for-profit providers oftelecommunications services on a first-come, first-served basis torights-of-way, poles, conduits or other permanent distribution facilitiesowned, leased or operated by the locality unless the facilities haveinsufficient capacity for such access and additional capacity cannotreasonably be added to the facilities.
D. The prices charged and the revenue received by a locality for providingtelecommunications services shall not be cross-subsidized by other revenuesof the locality or affiliated entities, except (i) in areas where no offersexist from for-profit providers of such telecommunications services, or (ii)as permitted by the provisions of subdivision B 5 of § 56-265.4:4. Theprovisions of this subsection shall not apply to Internet access, broadband,information, and data transmission services provided by any localityproviding telecommunications services on March 1, 2002.
E. No locality providing such services shall acquire by eminent domain thefacilities or other property of any telecommunications service provider tooffer cable, telephone, data transmission or other information or onlineprogramming services.
F. Public records of a locality that has obtained a certificate pursuant to §56-265.4:4, which records contain confidential proprietary information ortrade secrets pertaining to the provision of telecommunications service,shall be exempt from disclosure under the Freedom of Information Act (§2.2-3700 et seq.). As used in this subsection, a public record containsconfidential proprietary information or trade secrets if its acquisition by acompeting provider of telecommunications services would provide the competingprovider with a competitive benefit.
G. As used in this section, "locality" shall mean any county, city, town,authority, or other governmental entity which provides or seeks to providetelecommunications services. Every locality shall comply with therequirements of § 56-265.4:4 or 56-484.7:1 unless otherwise specificallyexempt. Any locality that has obtained a certificate pursuant to §56-265.4:4, and which surrenders or transfers such certificate shall continueto remain subject to subsections C, D, and E if any substantial part of itstelecommunications assets or operations are transferred to an entity in whichthe locality has the right to appoint board members, directors, or managers.
(2002, cc. 479, 489; 2003, c. 720; 2005, c. 258; 2006, cc. 73, 76; 2010, cc.117, 210.)