§ 56-265.4:4. Certificate to operate as a telephone utility.
A. The Commission may grant certificates to competing telephone companies, orany county, city or town that operates an electric distribution system, forinterexchange service where it finds that such action is justified by publicinterest, and is in accordance with such terms, conditions, limitations, andrestrictions as may be prescribed by the Commission for competitivetelecommunications services. A certificate to provide interexchange servicesshall not authorize the holder to provide local exchange services. TheCommission may grant a certificate to a carrier, or any county, city or townthat operates an electric distribution system, to furnish local exchangeservices as provided in subsection B.
B. 1. After notice to all local exchange carriers certificated in theCommonwealth and other interested parties and following an opportunity forhearing, the Commission may grant certificates to any telephone company, orany county, city or town that operates an electric distribution system,proposing to furnish local exchange telephone service in the Commonwealth. Indetermining whether to grant a certificate under this subsection, theCommission may require that the applicant show that it possesses sufficienttechnical, financial, and managerial resources. Before granting any suchcertificate, the Commission shall: (i) consider whether such actionreasonably protects the affordability of basic local exchange telephoneservice, as such service is defined by the Commission, and reasonably assuresthe continuation of quality local exchange telephone service; and (ii) findthat such action will not unreasonably prejudice or disadvantage any class oftelephone company customers or telephone service providers, including the newentrant and any incumbent local exchange telephone company, and is in thepublic interest. Except as provided in subsection A of § 15.2-2160, all localexchange certificates granted by the Commission after July 1, 2002, shall beto provide service in any territory in the Commonwealth unless the applicantspecifically requests a different certificated service territory. TheCommission shall amend the certificated service territory of each localexchange carrier that was previously certificated to provide service in onlypart of the Commonwealth to permit such carrier's provision of local exchangeservice throughout the Commonwealth beginning on September 1, 2002, unlessthat local exchange carrier notifies the Commission prior to September 1,2002, that it elects to retain its existing certificated service territory. Alocal exchange carrier shall only be considered an incumbent in anycertificated service territory in which it was considered an incumbent priorto July 1, 2002, except that the Commission may make changes to a localexchange carrier's incumbent certificated service territory at the request ofthose incumbent local exchange carriers that are directly involved in aproposed change in the certificated service territory.
2. A Commission order, including appropriate findings of fact and conclusionsof law, denying or approving, with or without modification, an applicationfor certification of a new entrant shall be entered no more than 180 daysfrom the filing of the application, except that the Commission, upon noticeto all parties in interest, may extend that period in additional 30-dayincrements not to exceed an additional 90 days in all.
3. The Commission shall (i) promote and seek to assure the provision ofcompetitive services to all classes of customers throughout all geographicareas of the Commonwealth by a variety of service providers; (ii) requireequity in the treatment of the certificated local exchange telephonecompanies so as to encourage competition based on service, quality, and pricedifferences between alternative providers; (iii) consider the impact oncompetition of any government-imposed restrictions limiting the markets to beserved or the services offered by any provider; (iv) determine the form ofrate regulation, if any, for the local exchange services to be provided bythe applicant and, upon application, the form of rate regulation for thecomparable services of the incumbent local exchange telephone companyprovided in the geographical area to be served by the applicant; and (v)promulgate standards to assure that there is no cross-subsidization of theapplicant's competitive local exchange telephone services by any other of itsservices over which it has a monopoly, whether or not those services aretelephone services. The Commission shall also adopt safeguards to ensure thatthe prices charged and the revenue received by a county, city or town forproviding telecommunications services shall not be cross-subsidized fromother revenues of the county, city or town or affiliated entities, except (i)in areas where no offers exist from for-profit providers of suchtelecommunications services, or (ii) as authorized pursuant to subdivision 5of this subsection.
4. The Commission shall discharge the responsibilities of state commissionsas set forth in the federal Telecommunications Act of 1996 (P.L. 104-104)(the Act) and applicable law and regulations, including, but not limited to,the arbitration of interconnection agreements between local exchangecarriers; however, the Commission may exercise its discretion to deferselected issues under the Act. If the Commission incurs additional costs inarbitrating such agreements or resolving related legal actions or disputesthat cannot be recovered through the maximum levy authorized pursuant to §58.1-2660, that levy shall be increased above the levy authorized by thatsection to the extent necessary to recover such additional costs.
5. Upon the Commission's granting of a certificate to a county, city or townunder this section, such county, city, or town (i) shall be subject toregulation by the Commission for intrastate telecommunications services, (ii)shall have the same duties and obligations as other certificated providers oftelecommunications services, (iii) shall separately account for the revenues,expenses, property, and source of investment dollars associated with theprovision of such services, and (iv) to ensure that there is no unreasonableadvantage gained from a government agency's taxing authority and control ofgovernment-owned land, shall charge an amount for such services that (a) doesnot include any subsidies, unless approved by the Commission, and (b) takesinto account, by imputation or allocation, equivalent charges for all taxes,pole rentals, rights of way, licenses, and similar costs incurred byfor-profit providers. Each certificated county, city, or town that providestelecommunications services regulated by the Commission shall file an annualreport with the Commission demonstrating that the requirements of clauses(iii) and (iv) of this subdivision have been met. The Commission may approvea subsidy under this section if deemed to be in the public interest andprovided that such subsidy does not result in a price for the service lowerthan the price for the same service charged by the incumbent provider in thearea.
6. A locality that has obtained a certificate pursuant to this section shall(i) comply with all applicable laws and regulations for the provision oftelecommunications services; (ii) make a reasonable estimate of the amount ofall federal, state, and local taxes (including income taxes and consumerutility taxes) that would be required to be paid or collected for each fiscalyear if the locality were a for-profit provider of telecommunicationsservices, (iii) prepare reasonable estimates of the amount of any franchisefees and other state and local fees (including permit fees and pole rentalfees), and right-of-way charges that would be incurred in each fiscal year ifthe locality were a for-profit provider of telecommunications services, (iv)prepare and publish annually financial statements in accordance withgenerally accepted accounting principles showing the results of operations ofits provision of telecommunications services, and (v) maintain recordsdemonstrating compliance with the provisions of this section that shall bemade available for inspection and copying pursuant to the Virginia Freedom ofInformation Act (§ 2.2-3700 et seq.).
7. Each locality that has obtained a certificate pursuant to this sectionshall provide nondiscriminatory access to for-profit providers oftelecommunications services on a first-come, first-served basis torights-of-way, poles, conduits or other permanent distribution facilitiesowned, leased or operated by the locality unless the facilities haveinsufficient capacity for such access and additional capacity cannotreasonably be added to the facilities.
8. The prices charged and the revenue received by a locality for providingtelecommunications services shall not be cross-subsidized by other revenuesof the locality or affiliated entities, except (i) in areas where no offersexist from for-profit providers of such telecommunications services, or (ii)as permitted by the provisions of subdivision B 5. The provisions of thissubdivision shall not apply to Internet access, broadband, information, anddata transmission services provided by any locality providingtelecommunications services on March 1, 2002.
9. The Commission shall promulgate rules necessary to implement this section.In no event, however, shall the rules necessary to implement subdivisions B 5iii and iv, B 6 ii through v, and B 8 impose any obligations on a localitythat has obtained a certificate pursuant to this section, but is not yetproviding telecommunications services regulated by the Commission.
10. Public records of a locality that has obtained a certificate pursuant tothis section, which records contain confidential proprietary information ortrade secrets pertaining to the provision of telecommunications service,shall be exempt from disclosure under the Freedom of Information Act (§2.2-3700 et seq.). As used in this subdivision, a public record containsconfidential proprietary information or trade secrets if its acquisition by acompeting provider of telecommunications services would provide the competingprovider with a competitive benefit.
C. Article 5.1 (§ 56-484.7:1 et seq.) of Chapter 15 of this title shall notapply to a county, city or town that has obtained a certificate pursuant tothis section.
D. Any county, city, or town that has obtained a certificate pursuant to thissection may construct, own, maintain, and operate a fiber optic orcommunications infrastructure to provide consumers with Internet services,data transmission services, and any other communications service that itsinfrastructure is capable of delivering; provided, however, nothing in thissubsection shall authorize the provision of cable television services orother multi-channel video programming service. Furthermore, nothing in thissubsection shall alter the authority of the Commission.
E. Any county, city, or town that has obtained a certificate pursuant to thissection and that had installed a cable television headend prior to December31, 2002, is authorized to own and operate a cable television system or othermulti-channel video programming service and shall be exempt from theprovisions of §§ 15.2-2108.4 through 15.2-2108.8. Nothing in this subsectionshall authorize the Commission to regulate cable television service.
(1984, c. 382; 1995, cc. 22, 35, 187; 2001, c. 75; 2002, cc. 479, 489; 2003,cc. 677, 711, 720; 2005, c. 258; 2006, cc. 73, 76; 2009, c. 330.)
§ 56-265.4:4. Certificate to operate as a telephone utility.
A. The Commission may grant certificates to competing telephone companies, orany county, city or town that operates an electric distribution system, forinterexchange service where it finds that such action is justified by publicinterest, and is in accordance with such terms, conditions, limitations, andrestrictions as may be prescribed by the Commission for competitivetelecommunications services. A certificate to provide interexchange servicesshall not authorize the holder to provide local exchange services. TheCommission may grant a certificate to a carrier, or any county, city or townthat operates an electric distribution system, to furnish local exchangeservices as provided in subsection B.
B. 1. After notice to all local exchange carriers certificated in theCommonwealth and other interested parties and following an opportunity forhearing, the Commission may grant certificates to any telephone company, orany county, city or town that operates an electric distribution system,proposing to furnish local exchange telephone service in the Commonwealth. Indetermining whether to grant a certificate under this subsection, theCommission may require that the applicant show that it possesses sufficienttechnical, financial, and managerial resources. Before granting any suchcertificate, the Commission shall: (i) consider whether such actionreasonably protects the affordability of basic local exchange telephoneservice, as such service is defined by the Commission, and reasonably assuresthe continuation of quality local exchange telephone service; and (ii) findthat such action will not unreasonably prejudice or disadvantage any class oftelephone company customers or telephone service providers, including the newentrant and any incumbent local exchange telephone company, and is in thepublic interest. Except as provided in subsection A of § 15.2-2160, all localexchange certificates granted by the Commission after July 1, 2002, shall beto provide service in any territory in the Commonwealth unless the applicantspecifically requests a different certificated service territory. TheCommission shall amend the certificated service territory of each localexchange carrier that was previously certificated to provide service in onlypart of the Commonwealth to permit such carrier's provision of local exchangeservice throughout the Commonwealth beginning on September 1, 2002, unlessthat local exchange carrier notifies the Commission prior to September 1,2002, that it elects to retain its existing certificated service territory. Alocal exchange carrier shall only be considered an incumbent in anycertificated service territory in which it was considered an incumbent priorto July 1, 2002, except that the Commission may make changes to a localexchange carrier's incumbent certificated service territory at the request ofthose incumbent local exchange carriers that are directly involved in aproposed change in the certificated service territory.
2. A Commission order, including appropriate findings of fact and conclusionsof law, denying or approving, with or without modification, an applicationfor certification of a new entrant shall be entered no more than 180 daysfrom the filing of the application, except that the Commission, upon noticeto all parties in interest, may extend that period in additional 30-dayincrements not to exceed an additional 90 days in all.
3. The Commission shall (i) promote and seek to assure the provision ofcompetitive services to all classes of customers throughout all geographicareas of the Commonwealth by a variety of service providers; (ii) requireequity in the treatment of the certificated local exchange telephonecompanies so as to encourage competition based on service, quality, and pricedifferences between alternative providers; (iii) consider the impact oncompetition of any government-imposed restrictions limiting the markets to beserved or the services offered by any provider; (iv) determine the form ofrate regulation, if any, for the local exchange services to be provided bythe applicant and, upon application, the form of rate regulation for thecomparable services of the incumbent local exchange telephone companyprovided in the geographical area to be served by the applicant; and (v)promulgate standards to assure that there is no cross-subsidization of theapplicant's competitive local exchange telephone services by any other of itsservices over which it has a monopoly, whether or not those services aretelephone services. The Commission shall also adopt safeguards to ensure thatthe prices charged and the revenue received by a county, city or town forproviding telecommunications services shall not be cross-subsidized fromother revenues of the county, city or town or affiliated entities, except (i)in areas where no offers exist from for-profit providers of suchtelecommunications services, or (ii) as authorized pursuant to subdivision 5of this subsection.
4. The Commission shall discharge the responsibilities of state commissionsas set forth in the federal Telecommunications Act of 1996 (P.L. 104-104)(the Act) and applicable law and regulations, including, but not limited to,the arbitration of interconnection agreements between local exchangecarriers; however, the Commission may exercise its discretion to deferselected issues under the Act. If the Commission incurs additional costs inarbitrating such agreements or resolving related legal actions or disputesthat cannot be recovered through the maximum levy authorized pursuant to §58.1-2660, that levy shall be increased above the levy authorized by thatsection to the extent necessary to recover such additional costs.
5. Upon the Commission's granting of a certificate to a county, city or townunder this section, such county, city, or town (i) shall be subject toregulation by the Commission for intrastate telecommunications services, (ii)shall have the same duties and obligations as other certificated providers oftelecommunications services, (iii) shall separately account for the revenues,expenses, property, and source of investment dollars associated with theprovision of such services, and (iv) to ensure that there is no unreasonableadvantage gained from a government agency's taxing authority and control ofgovernment-owned land, shall charge an amount for such services that (a) doesnot include any subsidies, unless approved by the Commission, and (b) takesinto account, by imputation or allocation, equivalent charges for all taxes,pole rentals, rights of way, licenses, and similar costs incurred byfor-profit providers. Each certificated county, city, or town that providestelecommunications services regulated by the Commission shall file an annualreport with the Commission demonstrating that the requirements of clauses(iii) and (iv) of this subdivision have been met. The Commission may approvea subsidy under this section if deemed to be in the public interest andprovided that such subsidy does not result in a price for the service lowerthan the price for the same service charged by the incumbent provider in thearea.
6. A locality that has obtained a certificate pursuant to this section shall(i) comply with all applicable laws and regulations for the provision oftelecommunications services; (ii) make a reasonable estimate of the amount ofall federal, state, and local taxes (including income taxes and consumerutility taxes) that would be required to be paid or collected for each fiscalyear if the locality were a for-profit provider of telecommunicationsservices, (iii) prepare reasonable estimates of the amount of any franchisefees and other state and local fees (including permit fees and pole rentalfees), and right-of-way charges that would be incurred in each fiscal year ifthe locality were a for-profit provider of telecommunications services, (iv)prepare and publish annually financial statements in accordance withgenerally accepted accounting principles showing the results of operations ofits provision of telecommunications services, and (v) maintain recordsdemonstrating compliance with the provisions of this section that shall bemade available for inspection and copying pursuant to the Virginia Freedom ofInformation Act (§ 2.2-3700 et seq.).
7. Each locality that has obtained a certificate pursuant to this sectionshall provide nondiscriminatory access to for-profit providers oftelecommunications services on a first-come, first-served basis torights-of-way, poles, conduits or other permanent distribution facilitiesowned, leased or operated by the locality unless the facilities haveinsufficient capacity for such access and additional capacity cannotreasonably be added to the facilities.
8. The prices charged and the revenue received by a locality for providingtelecommunications services shall not be cross-subsidized by other revenuesof the locality or affiliated entities, except (i) in areas where no offersexist from for-profit providers of such telecommunications services, or (ii)as permitted by the provisions of subdivision B 5. The provisions of thissubdivision shall not apply to Internet access, broadband, information, anddata transmission services provided by any locality providingtelecommunications services on March 1, 2002.
9. The Commission shall promulgate rules necessary to implement this section.In no event, however, shall the rules necessary to implement subdivisions B 5iii and iv, B 6 ii through v, and B 8 impose any obligations on a localitythat has obtained a certificate pursuant to this section, but is not yetproviding telecommunications services regulated by the Commission.
10. Public records of a locality that has obtained a certificate pursuant tothis section, which records contain confidential proprietary information ortrade secrets pertaining to the provision of telecommunications service,shall be exempt from disclosure under the Freedom of Information Act (§2.2-3700 et seq.). As used in this subdivision, a public record containsconfidential proprietary information or trade secrets if its acquisition by acompeting provider of telecommunications services would provide the competingprovider with a competitive benefit.
C. Article 5.1 (§ 56-484.7:1 et seq.) of Chapter 15 of this title shall notapply to a county, city or town that has obtained a certificate pursuant tothis section.
D. Any county, city, or town that has obtained a certificate pursuant to thissection may construct, own, maintain, and operate a fiber optic orcommunications infrastructure to provide consumers with Internet services,data transmission services, and any other communications service that itsinfrastructure is capable of delivering; provided, however, nothing in thissubsection shall authorize the provision of cable television services orother multi-channel video programming service. Furthermore, nothing in thissubsection shall alter the authority of the Commission.
E. Any county, city, or town that has obtained a certificate pursuant to thissection and that had installed a cable television headend prior to December31, 2002, is authorized to own and operate a cable television system or othermulti-channel video programming service and shall be exempt from theprovisions of §§ 15.2-2108.4 through 15.2-2108.8. Nothing in this subsectionshall authorize the Commission to regulate cable television service.
(1984, c. 382; 1995, cc. 22, 35, 187; 2001, c. 75; 2002, cc. 479, 489; 2003,cc. 677, 711, 720; 2005, c. 258; 2006, cc. 73, 76; 2009, c. 330.)
§ 56-265.4:4. Certificate to operate as a telephone utility.
A. The Commission may grant certificates to competing telephone companies, orany county, city or town that operates an electric distribution system, forinterexchange service where it finds that such action is justified by publicinterest, and is in accordance with such terms, conditions, limitations, andrestrictions as may be prescribed by the Commission for competitivetelecommunications services. A certificate to provide interexchange servicesshall not authorize the holder to provide local exchange services. TheCommission may grant a certificate to a carrier, or any county, city or townthat operates an electric distribution system, to furnish local exchangeservices as provided in subsection B.
B. 1. After notice to all local exchange carriers certificated in theCommonwealth and other interested parties and following an opportunity forhearing, the Commission may grant certificates to any telephone company, orany county, city or town that operates an electric distribution system,proposing to furnish local exchange telephone service in the Commonwealth. Indetermining whether to grant a certificate under this subsection, theCommission may require that the applicant show that it possesses sufficienttechnical, financial, and managerial resources. Before granting any suchcertificate, the Commission shall: (i) consider whether such actionreasonably protects the affordability of basic local exchange telephoneservice, as such service is defined by the Commission, and reasonably assuresthe continuation of quality local exchange telephone service; and (ii) findthat such action will not unreasonably prejudice or disadvantage any class oftelephone company customers or telephone service providers, including the newentrant and any incumbent local exchange telephone company, and is in thepublic interest. Except as provided in subsection A of § 15.2-2160, all localexchange certificates granted by the Commission after July 1, 2002, shall beto provide service in any territory in the Commonwealth unless the applicantspecifically requests a different certificated service territory. TheCommission shall amend the certificated service territory of each localexchange carrier that was previously certificated to provide service in onlypart of the Commonwealth to permit such carrier's provision of local exchangeservice throughout the Commonwealth beginning on September 1, 2002, unlessthat local exchange carrier notifies the Commission prior to September 1,2002, that it elects to retain its existing certificated service territory. Alocal exchange carrier shall only be considered an incumbent in anycertificated service territory in which it was considered an incumbent priorto July 1, 2002, except that the Commission may make changes to a localexchange carrier's incumbent certificated service territory at the request ofthose incumbent local exchange carriers that are directly involved in aproposed change in the certificated service territory.
2. A Commission order, including appropriate findings of fact and conclusionsof law, denying or approving, with or without modification, an applicationfor certification of a new entrant shall be entered no more than 180 daysfrom the filing of the application, except that the Commission, upon noticeto all parties in interest, may extend that period in additional 30-dayincrements not to exceed an additional 90 days in all.
3. The Commission shall (i) promote and seek to assure the provision ofcompetitive services to all classes of customers throughout all geographicareas of the Commonwealth by a variety of service providers; (ii) requireequity in the treatment of the certificated local exchange telephonecompanies so as to encourage competition based on service, quality, and pricedifferences between alternative providers; (iii) consider the impact oncompetition of any government-imposed restrictions limiting the markets to beserved or the services offered by any provider; (iv) determine the form ofrate regulation, if any, for the local exchange services to be provided bythe applicant and, upon application, the form of rate regulation for thecomparable services of the incumbent local exchange telephone companyprovided in the geographical area to be served by the applicant; and (v)promulgate standards to assure that there is no cross-subsidization of theapplicant's competitive local exchange telephone services by any other of itsservices over which it has a monopoly, whether or not those services aretelephone services. The Commission shall also adopt safeguards to ensure thatthe prices charged and the revenue received by a county, city or town forproviding telecommunications services shall not be cross-subsidized fromother revenues of the county, city or town or affiliated entities, except (i)in areas where no offers exist from for-profit providers of suchtelecommunications services, or (ii) as authorized pursuant to subdivision 5of this subsection.
4. The Commission shall discharge the responsibilities of state commissionsas set forth in the federal Telecommunications Act of 1996 (P.L. 104-104)(the Act) and applicable law and regulations, including, but not limited to,the arbitration of interconnection agreements between local exchangecarriers; however, the Commission may exercise its discretion to deferselected issues under the Act. If the Commission incurs additional costs inarbitrating such agreements or resolving related legal actions or disputesthat cannot be recovered through the maximum levy authorized pursuant to §58.1-2660, that levy shall be increased above the levy authorized by thatsection to the extent necessary to recover such additional costs.
5. Upon the Commission's granting of a certificate to a county, city or townunder this section, such county, city, or town (i) shall be subject toregulation by the Commission for intrastate telecommunications services, (ii)shall have the same duties and obligations as other certificated providers oftelecommunications services, (iii) shall separately account for the revenues,expenses, property, and source of investment dollars associated with theprovision of such services, and (iv) to ensure that there is no unreasonableadvantage gained from a government agency's taxing authority and control ofgovernment-owned land, shall charge an amount for such services that (a) doesnot include any subsidies, unless approved by the Commission, and (b) takesinto account, by imputation or allocation, equivalent charges for all taxes,pole rentals, rights of way, licenses, and similar costs incurred byfor-profit providers. Each certificated county, city, or town that providestelecommunications services regulated by the Commission shall file an annualreport with the Commission demonstrating that the requirements of clauses(iii) and (iv) of this subdivision have been met. The Commission may approvea subsidy under this section if deemed to be in the public interest andprovided that such subsidy does not result in a price for the service lowerthan the price for the same service charged by the incumbent provider in thearea.
6. A locality that has obtained a certificate pursuant to this section shall(i) comply with all applicable laws and regulations for the provision oftelecommunications services; (ii) make a reasonable estimate of the amount ofall federal, state, and local taxes (including income taxes and consumerutility taxes) that would be required to be paid or collected for each fiscalyear if the locality were a for-profit provider of telecommunicationsservices, (iii) prepare reasonable estimates of the amount of any franchisefees and other state and local fees (including permit fees and pole rentalfees), and right-of-way charges that would be incurred in each fiscal year ifthe locality were a for-profit provider of telecommunications services, (iv)prepare and publish annually financial statements in accordance withgenerally accepted accounting principles showing the results of operations ofits provision of telecommunications services, and (v) maintain recordsdemonstrating compliance with the provisions of this section that shall bemade available for inspection and copying pursuant to the Virginia Freedom ofInformation Act (§ 2.2-3700 et seq.).
7. Each locality that has obtained a certificate pursuant to this sectionshall provide nondiscriminatory access to for-profit providers oftelecommunications services on a first-come, first-served basis torights-of-way, poles, conduits or other permanent distribution facilitiesowned, leased or operated by the locality unless the facilities haveinsufficient capacity for such access and additional capacity cannotreasonably be added to the facilities.
8. The prices charged and the revenue received by a locality for providingtelecommunications services shall not be cross-subsidized by other revenuesof the locality or affiliated entities, except (i) in areas where no offersexist from for-profit providers of such telecommunications services, or (ii)as permitted by the provisions of subdivision B 5. The provisions of thissubdivision shall not apply to Internet access, broadband, information, anddata transmission services provided by any locality providingtelecommunications services on March 1, 2002.
9. The Commission shall promulgate rules necessary to implement this section.In no event, however, shall the rules necessary to implement subdivisions B 5iii and iv, B 6 ii through v, and B 8 impose any obligations on a localitythat has obtained a certificate pursuant to this section, but is not yetproviding telecommunications services regulated by the Commission.
10. Public records of a locality that has obtained a certificate pursuant tothis section, which records contain confidential proprietary information ortrade secrets pertaining to the provision of telecommunications service,shall be exempt from disclosure under the Freedom of Information Act (§2.2-3700 et seq.). As used in this subdivision, a public record containsconfidential proprietary information or trade secrets if its acquisition by acompeting provider of telecommunications services would provide the competingprovider with a competitive benefit.
C. Article 5.1 (§ 56-484.7:1 et seq.) of Chapter 15 of this title shall notapply to a county, city or town that has obtained a certificate pursuant tothis section.
D. Any county, city, or town that has obtained a certificate pursuant to thissection may construct, own, maintain, and operate a fiber optic orcommunications infrastructure to provide consumers with Internet services,data transmission services, and any other communications service that itsinfrastructure is capable of delivering; provided, however, nothing in thissubsection shall authorize the provision of cable television services orother multi-channel video programming service. Furthermore, nothing in thissubsection shall alter the authority of the Commission.
E. Any county, city, or town that has obtained a certificate pursuant to thissection and that had installed a cable television headend prior to December31, 2002, is authorized to own and operate a cable television system or othermulti-channel video programming service and shall be exempt from theprovisions of §§ 15.2-2108.4 through 15.2-2108.8. Nothing in this subsectionshall authorize the Commission to regulate cable television service.
(1984, c. 382; 1995, cc. 22, 35, 187; 2001, c. 75; 2002, cc. 479, 489; 2003,cc. 677, 711, 720; 2005, c. 258; 2006, cc. 73, 76; 2009, c. 330.)
