Virginia Code 56-484.27: Access to the public rights-of-way by wireless services providers and wireless infrastructure providers; generally
A. No locality or the Department shall impose on wireless services providers or wireless infrastructure providers any restrictions or requirements concerning the use of the public rights-of-way, including the permitting process, the zoning process, notice, time and location of excavations and repair work, enforcement of the statewide building code, and inspections, that are unfair, unreasonable, or discriminatory.
Terms Used In Virginia Code 56-484.27
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Department: means the Department of Transportation. See Virginia Code 56-484.26
- Locality: means a county, city, or town as the context may require. See Virginia Code 1-221
- Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
- Wireless infrastructure provider: means any person, including a person authorized to provide telecommunications service in the state, that builds or installs transmission equipment, wireless facilities, or wireless support structures, but that is not a wireless services provider. See Virginia Code 56-484.26
- Wireless services: means (i) "personal wireless services" as defined in Virginia Code 56-484.26
- Wireless services provider: means a provider of wireless services. See Virginia Code 56-484.26
B. No locality or the Department shall require a wireless services provider or wireless infrastructure provider to provide in-kind services or physical assets as a condition of consent to use public rights-of-way or easements. This shall not limit the ability of localities, their authorities or commissions that provide utility services, or the Department to enter into voluntary pole attachment, tower occupancy, conduit occupancy, or conduit construction agreements with wireless services providers or wireless infrastructure providers.
C. No locality or the Department shall adopt a moratorium on considering requests for access to the public rights-of-way from wireless services providers or wireless infrastructure providers.
2017, c. 835.