State Codes and Statutes
Statutes > Virginia > Title-15-2 > Chapter-21 > 15-2-2108-26§ 15.2-2108.26. Reciprocity.
Upon the request by an existing cable operator in the locality, a localitythat has negotiated and granted a cable franchise to a new cable providerthrough negotiation, whether before or after July 1, 2006, shall makeavailable to that existing cable operator the applicable terms and conditionsthat such locality provides to a new cable operator, by an amendment andrestatement in lieu of its existing franchise document. In addition, upon therequest by an existing cable operator in the locality, a locality adopting anordinance under this article shall make available to that existing cableoperator the applicable terms and conditions from any such ordinance byopting into an ordinance cable franchise. In either such event, the existingcable operator may accept all applicable terms and conditions only in theirentirety and in lieu of its existing franchise document and without theability to accept specific terms and conditions. The locality and theexisting cable operator shall amend the cable franchise of the existing cableoperator to substitute the new, applicable terms and conditions upon noticeof acceptance from the existing cable operator. An existing cable provider ina locality shall have an enforceable right to require that its cablefranchise be amended and restated within 90 days of its request to substitutethe new, applicable terms and conditions of the new negotiated franchise ornew ordinance cable franchise granted to a new cable franchisee.Notwithstanding any other provision in this article, (i) no existing cableoperator shall reduce the geographic area in which it actually provides cableservice as of July 1, 2006, by the exercise of its rights under this article,but its service obligations within such service areas shall be subject to theservice exclusions set forth in clauses (a) through (i) of subdivision 12 of§ 15.2-2108.22 and (ii) the provisions of this section shall not alter thetime period remaining in any unexpired, existing franchise.
(2006, cc. 73, 76.)
