State Codes and Statutes

Statutes > Virginia > Title-15-2 > Chapter-15 > 15-2-1500

§ 15.2-1500. Organization of local government.

A. Every locality shall provide for all the governmental functions of thelocality, including, without limitation, the organization of all departments,offices, boards, commissions and agencies of government, and theorganizational structure thereof, which are necessary and the employment ofthe officers and other employees needed to carry out the functions ofgovernment.

B. Except as provided in § 15.2-2160 or Article 5.1 (§ 56-484.7:1 et seq.) ofChapter 15 of Title 56, no locality shall establish any department, office,board, commission, agency or other governmental division or entity which hasauthority to offer telecommunications equipment, infrastructure, other thanpole or tower attachments including antennas or conduit occupancy, orservices, other than intragovernmental radio dispatch or paging systemsshared by adjoining localities, for sale or lease to any person or entityother than (i) such locality's departments, offices, boards, commissions,agencies or other governmental divisions or entities or (ii) an adjoininglocality's departments, offices, boards, commissions, agencies or othergovernmental divisions or entities, so long as any charges for suchtelecommunications equipment, infrastructure and services do not exceed thecost to the providing locality of providing such equipment, infrastructure orservices. However, any town which is located adjacent to Exit 17 onInterstate 81 and which offered telecommunications services to the public onJanuary 1, 1998, is hereby authorized to continue to offer suchtelecommunications services, but shall not acquire by eminent domain thefacilities or other property of any telephone company or cable operator. Anylocality may sell any telecommunications infrastructure, including relatedequipment, which such locality has constructed, and such locality may receivefrom the purchaser or purchasers, as full or partial consideration for thesale of such infrastructure, communications services to be used solely forinternal use of the locality. The locality shall not be involved in any wayin the promotion or marketing of services provided by any purchaser.

C. A locality, electric commission or board, industrial developmentauthority, or economic development authority, may lease dark fiber. Forpurposes of this section, "dark fiber" means fiber optic cable that is notlighted by lasers or other electronic equipment. The locality, electriccommission or board, industrial development authority, or economicdevelopment authority, shall not be involved in the promotion or marketing ofthe lessee as the provider of the services.

(1997, c. 587; 1998, c. 906; 1999, c. 916; 2002, cc. 479, 489.)

State Codes and Statutes

Statutes > Virginia > Title-15-2 > Chapter-15 > 15-2-1500

§ 15.2-1500. Organization of local government.

A. Every locality shall provide for all the governmental functions of thelocality, including, without limitation, the organization of all departments,offices, boards, commissions and agencies of government, and theorganizational structure thereof, which are necessary and the employment ofthe officers and other employees needed to carry out the functions ofgovernment.

B. Except as provided in § 15.2-2160 or Article 5.1 (§ 56-484.7:1 et seq.) ofChapter 15 of Title 56, no locality shall establish any department, office,board, commission, agency or other governmental division or entity which hasauthority to offer telecommunications equipment, infrastructure, other thanpole or tower attachments including antennas or conduit occupancy, orservices, other than intragovernmental radio dispatch or paging systemsshared by adjoining localities, for sale or lease to any person or entityother than (i) such locality's departments, offices, boards, commissions,agencies or other governmental divisions or entities or (ii) an adjoininglocality's departments, offices, boards, commissions, agencies or othergovernmental divisions or entities, so long as any charges for suchtelecommunications equipment, infrastructure and services do not exceed thecost to the providing locality of providing such equipment, infrastructure orservices. However, any town which is located adjacent to Exit 17 onInterstate 81 and which offered telecommunications services to the public onJanuary 1, 1998, is hereby authorized to continue to offer suchtelecommunications services, but shall not acquire by eminent domain thefacilities or other property of any telephone company or cable operator. Anylocality may sell any telecommunications infrastructure, including relatedequipment, which such locality has constructed, and such locality may receivefrom the purchaser or purchasers, as full or partial consideration for thesale of such infrastructure, communications services to be used solely forinternal use of the locality. The locality shall not be involved in any wayin the promotion or marketing of services provided by any purchaser.

C. A locality, electric commission or board, industrial developmentauthority, or economic development authority, may lease dark fiber. Forpurposes of this section, "dark fiber" means fiber optic cable that is notlighted by lasers or other electronic equipment. The locality, electriccommission or board, industrial development authority, or economicdevelopment authority, shall not be involved in the promotion or marketing ofthe lessee as the provider of the services.

(1997, c. 587; 1998, c. 906; 1999, c. 916; 2002, cc. 479, 489.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-15-2 > Chapter-15 > 15-2-1500

§ 15.2-1500. Organization of local government.

A. Every locality shall provide for all the governmental functions of thelocality, including, without limitation, the organization of all departments,offices, boards, commissions and agencies of government, and theorganizational structure thereof, which are necessary and the employment ofthe officers and other employees needed to carry out the functions ofgovernment.

B. Except as provided in § 15.2-2160 or Article 5.1 (§ 56-484.7:1 et seq.) ofChapter 15 of Title 56, no locality shall establish any department, office,board, commission, agency or other governmental division or entity which hasauthority to offer telecommunications equipment, infrastructure, other thanpole or tower attachments including antennas or conduit occupancy, orservices, other than intragovernmental radio dispatch or paging systemsshared by adjoining localities, for sale or lease to any person or entityother than (i) such locality's departments, offices, boards, commissions,agencies or other governmental divisions or entities or (ii) an adjoininglocality's departments, offices, boards, commissions, agencies or othergovernmental divisions or entities, so long as any charges for suchtelecommunications equipment, infrastructure and services do not exceed thecost to the providing locality of providing such equipment, infrastructure orservices. However, any town which is located adjacent to Exit 17 onInterstate 81 and which offered telecommunications services to the public onJanuary 1, 1998, is hereby authorized to continue to offer suchtelecommunications services, but shall not acquire by eminent domain thefacilities or other property of any telephone company or cable operator. Anylocality may sell any telecommunications infrastructure, including relatedequipment, which such locality has constructed, and such locality may receivefrom the purchaser or purchasers, as full or partial consideration for thesale of such infrastructure, communications services to be used solely forinternal use of the locality. The locality shall not be involved in any wayin the promotion or marketing of services provided by any purchaser.

C. A locality, electric commission or board, industrial developmentauthority, or economic development authority, may lease dark fiber. Forpurposes of this section, "dark fiber" means fiber optic cable that is notlighted by lasers or other electronic equipment. The locality, electriccommission or board, industrial development authority, or economicdevelopment authority, shall not be involved in the promotion or marketing ofthe lessee as the provider of the services.

(1997, c. 587; 1998, c. 906; 1999, c. 916; 2002, cc. 479, 489.)