Home Broadband Enabling Legislation
Virginia’s legislators continue to be forward thinking in their approach to facilitating broadband deployments in the Commonwealth. From establishing processes by which qualifying localities can obtain municipal local exchange carrier (MLEC) status to enabling the development of wireless authorities, the General Assembly continues to enact legislation to promote competition and foster broadband deployment into underserved areas. Legislation related to broadband deployment includes:
2008
HB1329 and SB206, HB 1329 Communication towers, state-owned;
wireless broadband service in unserved areas (2008)
Patrons - Delegate Christopher K. Peace, Senator Richard Stuart
Summary:
State-owned communications towers; broadband service. Requires
state agencies to lease or convey a license or other interest in a state-owned
communication tower for which they are responsible to qualified providers
of wireless broadband service in order to deploy broadband Internet service
in areas of the Commonwealth that do not have access to terrestrial broadband
or radio frequency Internet service. The requirement is subject to the
provider presenting a spectrum and certified structural analysis of the
tower and proof that the tower satisfies all applicable local government
requirements. The conveyance shall require payment of such consideration
as the Director of the Department of General Services deems appropriate
and which is commensurate with the consideration paid for use of comparable
space on similar towers. This bill is identical to SB 206.
HB 632 Resources Authority; provisions of broadband services (2008)
Patron - Joe T. May
Summary:
Virginia Resources Authority; broadband services. Clarifies that
the Virginia Resources Authority may be used as a funding mechanism for
all projects involving the provision of broadband services, and not just
those utilizing wireless broadband technologies.
HB 1017 Telework Promotion and Broadband Assistance, Office of;
established, report.
Patron - Timothy D. Hugo
Summary:
Office of Telework Promotion and Broadband Assistance; codified; sunset.
Codifies Executive Order 35 (2006) creating the Office of Telework Promotion
and Broadband Assistance under the Secretary of Technology. The goals
of the Office are to encourage telework as a family-friendly, business-friendly
public policy that promotes workplace efficiency and reduces strain on
transportation infrastructure. In conjunction with efforts to promote
telework, the Office shall work with public and private entities to develop
widespread access to broadband services. The provisions of this act expire
on July 1, 2018.
2007
HB 2381 Public-Private Education Facilities and Infrastructure
Act; wireless broadband services.. (2007)
Patron – Joe T. May
Summary:
Virginia Public-Private Education Facilities and Infrastructure Act; provision of wireless broadband services. Specifies that the Virginia Public-Private Education Facilities and Infrastructure Act can be used for projects related to the technology and infrastructure necessary to deploy wireless broadband services to schools, businesses, and residential areas. The bill also authorizes the Virginia Resources Authority to fund wireless broadband projects.
HB 2385 Personal property tax; separate classification for wireless broadband service providers. (2007)
Patron – Joe T. May
Summary:
Tangible personal property; separate classification for wireless broadband service providers. Creates a separate classification for local taxation purposes for tangible personal property owned and used by certain providers of wireless broadband Internet service in providing such service.
HB 3019 Charter; City of Bristol. (2007)
Patron – Joseph P. Johnson, Jr.
Summary:
Charter; City of Bristol. Provides that the city shall have the power, within and without the city and within or without the Commonwealth of Virginia, to provide consulting and management services for the operation of telecommunication services. In addition, the bill provides that the comptroller, as budget director, shall be skilled in public administration and the accepted practices and municipal budgetary procedure and shall compile, in cooperation with the various department heads, the departmental estimates and other data necessary or useful to the city manager in the preparation of the annual budget. Furthermore, the building code division, which is to be part of the Planning Department and supervised by the Planning Director, shall include the environs control official among its staff. The duties of such environs control official shall be to enforce state law and local ordinances pertaining to garbage, trash, weeds, junk, and litter and the Virginia Uniform Statewide Building Code within the City of Bristol, Virginia. Finally, the bill provides that the school board shall submit its line-item budget estimates to the city manager no later than May 1 of each year. This bill is identical to SB1072.
SB 756 Public-Private Partnership Advisory Commission; created. (2007)
Patron – Walter A. Stosch
Summary:
Public-Private Partnership Advisory Commission. Establishes the Public-Private Partnership Advisory Commission to review and advise responsible public entities that are agencies or institutions of the Commonwealth on detailed proposals for qualifying projects under the Public-Private Education Facilities and Infrastructure Act of 2002 (§ 56-575.1 et seq.). The bill also requires all responsible public entities to adopt guidelines to guide the selection of projects under the Public-Private Education Facilities and Infrastructure Act containing certain specified provisions. For responsible public entities that are not agencies or institutions of the Commonwealth, the guidelines must include a mechanism for the appropriating body to review the proposed comprehensive agreement prior to execution under certain circumstances.
back to top
SB 706 Cable television systems; licensing and regulation thereof. (2006)
Patron – Kenneth W. Stolle
Summary:
Licensing and regulation of cable television systems. Establishes a new procedure by which cable operators may obtain authorization to operate cable systems in localities. The new procedure provides for localities to grant ordinance cable franchises as an alternative to negotiated cable franchises. Ordinance cable franchises may be requested by certificated providers of telecommunications services with previous consent to use a locality's rights-of-way, after requesting to negotiate a cable franchise agreement. Upon receipt of an application for an ordinance cable franchise, the locality shall adopt necessary ordinances within 120 days. A locality granting an ordinance franchise may, if it currently has fewer than three public, educational or governmental (PEG) channels, obtain up to three PEG channels from all cable operators. A locality that has approved a cable franchise in the 12 months preceding July 1, 2006, is exempted from provisions of this measure until an existing franchise expires.
SB 688 Public utilities; SCC to establish procedure for lines that cross railroads. (2006)
Patron – William C. Wampler, Jr.
Summary:
Public utility lines crossing railroads. Establishes a procedure for the State Corporation Commission to determine matters pertaining to the construction and operation of municipal water, sewer, and telecommunications lines, wires, pipes, and conduits that cross railroads. The application shall include standard railroad liability protection insurance. If the Commission grants an application requiring the railroad to grant to the municipality a license for such crossing, it may require the payment to the railroad company of damages and a fee, which fee shall not exceed the actual costs reasonably expected to be incurred by the railroad company as a result of the crossing and the periodic inspection of such works, but shall take into consideration the system-wide administrative and other costs of implementing crossing agreements.
HB 400 High-speed and broadband internet access; accessibility thereof in underserved areas. (2006)
Patron - Robert J. Whittman
Summary:
High-speed and broadband internet access in underserved areas. Adds a provision in the Governor's Development Opportunity Fund to allow grants or loans for the purpose of installing, extending, or increasing the capacity of high-speed or broadband internet access. The bill also amends § 2.2-2238.1 to require the Virginia Economic Development Partnership Authority to review and evaluate, in its program developed under the section, existing industrial sites and infrastructure that will provide broadband or high-speed internet access to rural and underserved areas of the Commonwealth.
HB 1404 Cable television systems; licensing and regulation thereof. (2006)
Patron - H. Morgan Griffith
Summary:
Licensing and regulation of cable television systems. Establishes a new procedure by which cable operators may obtain authorization to operate cable systems in localities. The new procedure provides for localities to grant ordinance cable franchises as an alternative to negotiated cable franchises. Ordinance cable franchises may be requested by certificated providers of telecommunications services with previous consent to use a locality's rights-of-way, after requesting to negotiate a cable franchise agreement. Upon receipt of an application for an ordinance cable franchise, the locality shall adopt necessary ordinances within 120 days. A locality granting an ordinance franchise may, if it currently has fewer than three public, educational or governmental (PEG) channels, obtain up to three PEG channels from all cable operators. A locality that has approved a cable franchise in the 12 months preceding July 1, 2006, is exempted from provisions of this measure until an existing franchise expires.
HB 568 Communications tax reform; revises services, report. (2006)
Patron - Samuel A. Nixon, Jr.
Summary:
Communications tax reform. Completely revises the taxation of communications services as follows. Applies a statewide communications sales and use tax to retail communication and video services on a competitively neutral basis. The communications sales and use tax rate will be 5% on the following: Local Exchange, Paging, Inter-Exchange (Both interstate and intrastate), Cable Television, Satellite Television, Wireless, Voice over the Internet (VoIP), A $0.75 "911 Tax" will be applied to each local exchange line (landline) and the current $0.75 "911 Fee" will continue to be applied to each wireless number.
The state communications sales and use tax, and state 911 fees and taxes replace the following currently billed taxes and fees: Local Consumer Utility Tax (LCUT), Local Gross Receipts Tax (BPOL) - (Only the portion above 0.5% currently billed to customers, where applicable), Local E-911, Virginia Relay Fee, Cable Franchise Fee.
A statewide rights-of-way use fee will be applied to all cable TV service lines as is currently applied on all local exchange telephone lines. The rate of the fee will be the same as determined annually by the Virginia Department of Transportation in accordance with § 56-468.1 of the Virginia Code.
The sales and use tax, 911 tax, and the cable rights-of-way fee assessed on consumers of video services from a single provider will be remitted to the Virginia Department of Taxation, which will administer the distribution of the Communications Sales and Use Tax Trust Fund within 30 days of receipt of the collections for a given month. The rights-of-way use fee assessed on consumers of both cable video services and voice services from a single provider will be remitted in accordance with subsection I of § 56-468.1. The 911 fees will be remitted directly to the Wireless 911 Board for administration.
The redistribution of taxes and fees is intended to be revenue neutral to localities and the Wireless 911 Board and shall cover the current cost of the Virginia Relay Center.
The provisions of the act will be effective on January 1, 2007.
back to top
2005
SB 959 Telecommunication and cable television; release of information (2005)
Patron – William C. Wampler, Jr.
Summary:
Telecommunication and cable television service by localities; release of information.Exempts from the mandatory disclosure requirements of the Freedom of Information Act any public record of a local government that contains confidential proprietary information or trade secrets pertaining to its provision of telecommunication services and cable television service. Public bodies may discuss such records in closed meetings.
HB 2386 Conveyance of easements; eliminates public hearing requirement for localities. (2005)
Patron – William K. Barlow
Summary:
Conveyance of easements. Eliminates the public hearing requirement for localities that convey certain site development easements across public property.
HB 2404 FoIA; exempts certain local wireless service authorities (2005)
Patron - Clarence E. Phillips
Summary:
Virginia Freedom of Information Act; exemptions; local wireless service authorities. Excludes from the mandatory disclosure requirements of the Virginia Freedom of Information Act (FOIA) confidential proprietary records and trade secrets developed by or for a local authority created in accordance with the Virginia Wireless Service Authorities Act (§ 15.2-5431.1 et seq.) that provides qualifying communications services as authorized by Article 5.1 (§ 56-484.7:1 et seq.) of Chapter 15 of Title 56 where disclosure of such information would be harmful to the competitive position of the authority. The bill also grants an open meeting exemption for discussions of such records by a local wireless service authority. The bill contains technical amendments.
back to top
2004
SB 245 Telecommunications services; local exchange (2002)
Patron - William C. Wampler, Jr.
Summary as passed:
Local telecommunications services. Provides that any certificate for local exchange service or interexchange service granted by the SCC after July 1, 2002, shall be for service throughout the Commonwealth. Each local exchange carrier that was certificated before July 1, 2002, to provide service in part of the Commonwealth shall be certificated to provide local exchange service throughout the Commonwealth beginning September 1, 2002. The bill authorizes any county, city or town that operates an electric distribution system to provide telephone services within any locality in which it has electric distribution system facilities as of March 1, 2002, if the locality obtains a certificate for such service from the SCC and complies with all applicable laws and regulations for the provision of competitive telecommunications services. A county, city or town that does not obtain a certificate to provide telephone services may offer qualifying telecommunications services, including high-speed data service and Internet access service, upon application to the SCC. The SCC shall approve such a petition if it is in the public interest, and if the proposed services are not available in quantity, quality, and price from three or more providers in the proposed geographic area. This bill is identical to HB 1021.
As of July 2005, the Cities of Franklin, Danville (d/b/a Danville Department of Utilities), Bristol (d/b/a Bristol Utilities), Manassas, Salem, Martinsville, and the Town of Front Royal have been granted MLEC (Municipal Local Exchange Carrier) status. The City of Radford’s application is pending.
Other related legislation:
SB 942 Wireless enhanced 9-1-1 surcharge (2003)Patron - Charles J. Colgan
Summary as passed:
Wireless enhanced 9-1-1 surcharge. Specifies how CMRS providers can collect the wireless E-911 surcharge. Under the current statute, the surcharge is defined as a monthly charge billed monthly. Because prepaid wireless is not billed monthly, the bill provides that the surcharge may be collected either through monthly billing, adding the surcharge at the point of sale, or deducting an equivalent number of minutes.
Patron - Kenneth W. Stolle
Summary as passed:
Enhanced Public Safety Telephone Services (E-911). Establishes the Wireless E-911 Services Board and the Public Safety Communications Division of the Department of Technology Planning, and continues the Wireless E-911 special fund. The Board shall be responsible for promoting and assisting the development, deployment and maintenance of a statewide enhanced emergency telecommunications system and enhanced wireline emergency telecommunication services in specific local jurisdictions not currently wireline E-911 capable. The Board shall also be responsible for overseeing and allocating the wireless E-911 special funds and managing moneys appropriated for enhanced wireline emergency telecommunication services in local jurisdictions not wireline E-911 capable as of July 1, 2000. Each mobile service provider shall collect a surcharge in the amount of 75 cents per month per customer, to be paid into the Wireless E-911 Fund. The Board shall use the moneys in the fund to pay the operators of the systems for their costs of operation pursuant to a budget proposal submitted to and reviewed by the Board. The Board shall have enforcement authority to ensure that funds are spent for their intended purposes and shall review each operator's actual expenditures at the end of each year. Local jurisdictions which have or will establish enhanced E-911 services are authorized to impose a special tax in an amount not to exceed $3.00 per month per customer to be accounted for in a separate special revenue fund or in a cost center and revenue accounting system acceptable to the Auditor of Public Accounts. Funds collected from the tax shall be used to pay for reasonable and direct capital costs and operating expenses incurred by the E-911 service facility. All local jurisdictions are required to be operating a wireline E-911 system by July 1, 2003. Certain documents submitted to the Wireless Carrier E-911 Cost Recovery Subcommittee created by the bill are exempt from disclosure under the Freedom of Information Act and the Subcommittee is granted an exemption to convene in a closed meeting when discussing or considering such documents.2003
HB 2397 Public utilities; communications services (2003)
Patron - Joe T. May
Summary:
Public utilities; communications services. Gives the State Corporation Commission the authority to enforce the provisions of law that permit a locality to offer communications services, including local telephone service, to customers. Localities that have obtained a certificate to offer local telephone service are required to file an annual report demonstrating that they have complied with the requirements of law regarding certain accounting practices. Localities offering qualifying communications services, including high-speed data and Internet services, are required to provide nondiscriminatory access to for-profit providers of communications services on a first-come, first-served basis, are prohibited from cross-subsidizing such services, and are prohibited from acquiring facilities for such services by eminent domain. The Commission may deem telephone services competitive on the basis of a category of customers, and the Commission may also determine bundles of competitive and noncompetitive services if the noncompetitive services are available separately.
Patron - William C. Wampler, Jr.
Summary as passed:
Telecommunications services; certificate. Creates a statutory procedure for cities and towns that operate a municipal electric utility and obtain a certificate to operate as a telephone utility to offer cable television services. Before offering cable television services, a locality is required to (i) hold a preliminary public hearing, (ii) hire a consultant to perform a feasibility study, (iii) hold public hearings on the feasibility study, (iv) determine whether such study finds that certain revenue requirements can be met, and (v) hold a referendum. The municipality shall establish a separate department for operation of cable television services, and establish an enterprise fund to account for the provision of such services, and cross-subsidization is prohibited. The requirements of clauses (i) through (v) will not apply to a locality that had obtained a certificate to operate as a telephone utility and installed a cable television headend prior to December 31, 2002.
Patron - Clarence E. Phillips
Summary as passed:
Virginia Wireless Service Authorities Act. Authorizes any locality to create a wireless service authority, which may provide qualifying communications services as authorized by Article 5.1 (§ 56-484.7:1 et seq.) of Chapter 15 of Title 56. The authority shall have many of the powers typically granted to authorities, including the issuance of revenue bonds.
