West Virginia Code 17-2E-7 – Use of telecommunications facilities owned or controlled by Division of Highways
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The division may enter into an agreement and issue a permit consistent with the requirements of § 17-2E-3 of this code to allow any carrier to use excess telecommunications facilities owned or controlled by the division: Provided, That this section shall be subject to the provisions of the Vertical Real Estate Management and Availability Act, as provided for in § 31G-5-1 et seq. of this code, and no excess telecommunications facilities owned or controlled by the division subject to § 31G-5-1 et seq. of this code shall be governed by the provisions of this section.
Terms Used In West Virginia Code 17-2E-7
- Division: means the Division of Highways. See West Virginia Code 17-2E-2
- Permit: means an encroachment permit issued by the commissioner of the division under the authority of this code, and pursuant to the Accommodation of Utilities on Highway Right-of-Way and Adjustment and Relocation of Utility Facilities on Highway Projects Policy, or equivalent policy, as may be currently enforced by the division, that specifies the requirements and conditions for performing work in a right-of-way and where such work involves the creation or opening of a trench for the installation of telecommunications facilities in a right-of-way. See West Virginia Code 17-2E-2