Virginia SB 351: Localities; authority to provide broadband service.

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2020 SESSION

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20103514D

SENATE BILL NO. 351 

Offered January 8, 2020 

Prefiled January 6, 2020 

A BILL to amend and reenact � 15.2-1500 of the Code of 
 Virginia, relating to authority of localities to provide broadband service. 
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Patron-- Lucas 

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Referred to Committee on Local Government 

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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,