56-462 - Franchise to occupy parks, streets, etc.; imposition of terms, conditions, etc., as to use of streets, etc., and construction thereon.
§ 56-462. Franchise to occupy parks, streets, etc.; imposition of terms,conditions, etc., as to use of streets, etc., and construction thereon.
A. No incorporated city or town shall grant to any such telegraph ortelephone corporation the right to erect its poles, wires, or cables, or tolay its conduits upon or beneath its parks, streets, avenues, or alleys untilsuch company shall have first obtained, in the manner prescribed by the lawsof this Commonwealth, the franchise to occupy the same. Any city or town mayimpose upon any such corporation any terms and conditions consistent herewithand supplemental hereto, as to the occupation and use of its parks, streets,avenues, and alleys, and as to the construction and maintenance of thefacilities of such company along, over, or under the same, that the city ortown may deem expedient and proper. The Commonwealth Transportation Board mayalso impose upon any such company any terms, rules, regulations,requirements, restrictions and conditions consistent herewith andsupplemental hereto, as to the occupation and use of roads and streets ineither state highway system, and as to the construction, operation ormaintenance of the works along, over, or under the same, which the Board maydeem expedient and proper, but not in conflict, in incorporated cities andtowns, with any vested contractual rights of any such company with such cityor town.
B. No locality or the Commonwealth Transportation Board shall impose any feeson a certificated provider of telecommunications service for the use ofpublic rights-of-way except in the manner prescribed in § 56-468.1; however,the provisions of § 56-468.1 shall not apply to providers of commercialmobile radio services.
C. No locality or the Commonwealth Transportation Board shall impose oncertificated providers of telecommunications service, whether by franchise,ordinance or other means, any restrictions or requirements concerning the useof the public rights-of-way (including but not limited to the permittingprocess; notice, time and location of excavations and repair work;enforcement of the statewide building code; and inspections), which are (i)unfair or unreasonable or (ii) any greater than those imposed on thefollowing users of the public rights-of-way: all providers oftelecommunications services and nonpublic providers of cable television,electric, natural gas, water and sanitary sewer services. For purposes ofthis subsection, "restrictions or requirements concerning the use of thepublic rights-of-way" shall not include any existing franchise fee or thePublic Rights-of-Way Use Fee.
D. Notwithstanding any other provision of law, any permit or other permissionrequired by a locality pursuant to a franchise, ordinance, or otherpermission to use the public rights-of-way or by the CommonwealthTransportation Board of a certificated provider of telecommunicationsservices to use the public rights-of-way shall be granted or denied withinforty-five days from submission and, if denied, accompanied by a writtenexplanation of the reasons the permit was denied and the actions required tocure the denial.
E. No locality receiving directly or indirectly a Public Rights-of-Way UseFee or the Commonwealth Transportation Board shall require a certificatedprovider of telecommunications services to provide in-kind services orphysical assets as a condition of consent to use public rights-of-way oreasements, or in lieu of the Public Rights-of-Way Use Fee. This shall notlimit the ability of localities, their authorities or commissions whichprovide utility services, or the Commonwealth Transportation Board to enterinto voluntary pole attachment, conduit occupancy or conduit constructionagreements with certificated providers of telecommunications service. Anylocality, other than a city or town electing to continue to enforce anexisting franchise, ordinance or other form of consent under subsection J of§ 56-468.1, or the Commonwealth Transportation Board may continue to use poleattachments and conduits utilized as of December 31, 1997. Any poleattachment or conduit occupancy fees for this use shall be waived forfacilities in place as of December 31, 1997, and shall be waived for futureextensions in cities with populations between 60,000 and 70,000, so long asthe locality or the Commonwealth Transportation Board continues to use thesefacilities on such poles or in such conduits solely for their internalcommunications needs. The fee waiver is for the occupancy fees only, does notcover any relocation, rearrangement or other make-ready costs, and does notapply to any county, city or town that has obtained a certificate pursuant to§ 56-265.4:4.
(Code 1919, § 4038; 1926, p. 909; 1971, Ex. Sess., c. 40; 1997, cc. 474, 515;1998, cc. 742, 758; 2002, cc. 479, 489; 2006, c. 780.)