HB 800 — Public service companies; pole attachments to accommodate cable TV systems & telecommunications.

RECONVENED SESSION REENROLLED VIRGINIA ACTS OF ASSEMBLY --–– 2024 RECONVENED SESSION CHAPTER 822R An Act to amend and reenact § 56-466.1 of the Code of Virginia, relating to public service companies;

E N [H 800] Approved AprilR 17,O 20241. Be it enacted by the General Assembly of Virginia:

1.

L "Cable television system" means any system licensed, franchised or certificated pursuant to ArticleErticle 1.2 (§ 15.2-2108.19 et seq.) of Chapter 21 of Title 15.2 that transmits television signals, for distribution to subscribers of its services for a fee, by means of wires or cables connecting its distributiondistributiDn facilities receiver,with andits notsubscriber's bytelevision transmissionreceiver ofor televisionother signalsequipment throughconnecting theto air.to the subscriber's television "Electricrec"Electric cooperative" means a utility services cooperative formed under or subject to Article 1 (§ 56-231.15 et seq.) of Chapter 9.1.

"New attacher" means a cable television system or telecommunications service provider requestingrequesHing a new pole attachment.

"Pole8 attachment" means any attachment by a cable television system or provider of telecommunications service to a pole, duct, conduit, right-of-way or similar facility owned or controlled by a public utility.

R "Public utility" has the same meaning ascribed thereto in § 56-232 but shall not include any utility that is regulated pursuant to 47 U.S.C.

"Rearrangement" means work performed necessitated solely by and at the request of a telecommunications service provider or cable television system to, on, or in an existing pole, duct, conduit, right-of-way, or similar facility owned or controlled by a public utility that is necessary to make suchshall include replacement, necessitated solely by and at the request of a telecommunications servicement" provider or cable television system, of the existing pole, duct, conduit, right-of-way, or similar facility usableif the existing pole, duct, conduit, right-of-way, or similar facility does not contain adequate surplus space or excess capacity and cannot be rearranged so as to create the adequate surplus space or excess capacity required for a pole attachment.

"Rearrangement""Red-tagged shallpole" includemeans replacement, necessitated solely by and at the request of a telecommunicationspole serviceowned provider or cablecontrolled televisionby system,a ofpublic theutility existingthat pole,(i) duct,is conduit,designated right-of-way,for orreplacement similarfor facilityany ifreason theunrelated existingto pole,a duct,lack conduit,of right-of-way, or similar facility does not contain adequate surplus space or excess capacity and cannot be rearranged so as to createaccommodate thea adequatenew surplusattacher's spacerequest or excess capacity required for aattachment polewas attachment.not made.

"Red-taggedhave pole"needed meansto abe polereplaced ownedat orthe controlledtime byof areplacement publiceven utilityif thatthe (i)new is"Telecommunications designatedservice forprovider" replacementmeans for any reasonpublic unrelatedservice tocorporation aor lackpublic ofservice capacitycompany tothat accommodateholds a newcertificate attacher'sof requestpublic forconvenience attachmentand ornecessity (ii) would have needed to befurnish replacedlocal atexchange thetelephone timeservice ofor replacementinterexchange eventelephone ifservice. the new attachment was not made.

"Telecommunications service provider" means any public service corporation or public service company that holds a certificate of public convenience and necessity to furnish local exchange telephone service or interexchange telephone service.

Upon request by a telecommunications service provider or cable television system to a public utility, both the public utility and the telecommunications service provider or cable television system shall negotiate in good faith to arrive at a mutually agreeable contract for attachments to the public utility'scontract polesshall bycomply with the telecommunicationsrequirements serviceof providerthis orsection.r cable television system.

The terms of such contractC. shall comply with the requirements of this section.

C.After entering into a contract for attachments to its poles by any telecommunications service provider or cable television system, a public utility shall permit, upon reasonable terms and conditions and the payment of just and reasonable annual charges and the reasonable, actual cost of any required rearrangement, the attachment of any wire, cable, facility, or apparatus to its poles or pedestals, or the placement of any wire, cable, facility, or apparatus in conduit or duct space owned or controlled by it, by such telecommunications service provider or cable television system that is authorized by law, to the service and operation of the public utility or create a safety hazard.ot interfere, obstruct, or delay D.

AfterNotwithstanding enteringthe intoprovisions aof contractsubsection forC, attachments to its poles by any telecommunications service provider or cable television system, a public utility shallproviding permit,electric uponutility reasonableservice terms and conditions and the payment of just4 andmay reasonabledeny annualaccess chargesby anda thetelecommunications reasonable,service actualprovider costor ofcable anytelevision requiredsystem rearrangement,to the attachment of any wire,pole, cable,duct, facility,conduit, orright-of-way, apparatus to its poles or pedestals,similar orfacility theowned placement of any wire, cable, facility, or apparatuscontrolled, in conduitwhole or ductin spacepart, owned or controlled by it, by such telecommunicationspublic serviceutility, providerprovided orsuch cabledenial television system that is authorizedmade byon law,a tonondiscriminatory constructbasis andon maintaingrounds theof attachment,insufficient providedcapacity that the attachment does not interfere, obstruct, or delayreasons the service and operation of thesafety, publicreliability, utility or creategenerally aapplicable safetyengineering hazard.principles.

D.

Notwithstanding the provisions of subsection C, a public utility providing electric utility service may deny access by a telecommunications service provider or cable television system to any pole, duct, conduit, right-of-way, or similar facility owned or controlled, in whole or in part, by such public utility, of 4 provided such denial is made on a nondiscriminatory basis on grounds of insufficient capacity or reasons of safety, reliability, or generally applicable engineering principles.

After a public utility completes rearrangement, if the cost of the work performed differs from the of 4 estimate, such public utility shall provide the new attacher a detailed, itemized final invoice of the actual rearrangement charges incurred, on a pole-by-pole basis, if requested, to accommodate thethR new attachment.

If the new attacher requests an invoice on such pole-by-pole basis and the public utilityuEility incurs fixed costs that are not reasonably calculable on a pole-by-pole basis, such public utility may present charges on a per-job basis rather than on a pole-by-pole basis for such fixed cost charges.

The of 4 public utility shall provide documentation sufficient to determine the basis of all charges, including material, labor, and other related costs that form the basis of such estimate.

N 3.

O a.

b.sent;

Set a completion date for such rearrangement that is no later than 95 days after such noticenotLce is sent;c.

c.

and E d.

D Upon providing such notice, a public utility shall provide the new attacher with a copy of any such notice, the contact information of any existing attachers, and any address to which such public utility sentencourage the completion of rearrangement by the completion date specified in such notice.notice.achers to 4.

The new attacher shall be responsible for coordinating with existing attachers to encourage the completion of rearrangement by the completion date specified in such notice.

4.

A public utility may deviate from the time limits specified in this section before offering an estimate of charges if the parties involved have no agreement specifying the rates, terms, and conditionsHonditions of attachment.

8 b.

A public utility may deviate from the time limits specified in this subsection during performanceper0ormance of a rearrangement for good and sufficient cause, as defined by the Commission, that renders it unfeasible for such public utility to complete rearrangement within such time limits.

A public utility makingmakRng such deviation shall immediately notify in writing the new attacher and affected existing attachers, and such notice shall identify the affected poles and include a detailed explanation of the reason for such deviation and a new completion date.

If the pole attachment request of a telecommunications service provider or cable television system would cause the aggregate number of attachments or attachment requests by all attachers to exceed the lesser of 300 poles per month or 0.5 percent of the total poles owned by a public utility in any given month, then such public utility shall promptly notify such new attacher and shall negotiate in good faith to contract with a mutually agreed upon third-party entity to perform all necessary work that such public utility would otherwise perform, within a reasonable timeframe and in accordance with the cost allocation principles set forth in this section.

All work performed by a contracted entity under this subdivision shallactual, bereasonable subjectcosts to the oversight of thesuch publicoversight.blic utility, which may only assess the new attacher for the actual,7. reasonable costs of such oversight.

7.

The Commission is authorized to enforce the requirements of this section and to determine just and reasonable rates, and terms and conditions of service, excluding safety and debt collection, for attachments to electric cooperative poles by telecommunications service providers or cable television systems if, following good faith negotiations to do so, the parties cannot reach agreement thereon;

Just and reasonable pole attachment rates and terms and conditions of service to be determined by the Commission shall include, without limitation, rearrangement and make-ready costs, pole replacement costs, and all other costs directly related to pole attachments and maintenance, replacement, andandement of 4 inspection of poles or pole attachments, and right of way maintenance essential to pole attachments, provided, however, that cost recovery for rearrangement, make-ready, and pole replacement shall be addressed in terms and conditions, and shall not also be included in annual rental rates;

The Commission may develop and utilize alternative forms of dispute resolution for purposes of of 4 addressing disputes (i) arising under this subsection and (ii) falling within the scope of the Commission's authority established hereunder;

That any telecommunications service provider or cable television system that receives state or federal funding for infrastructure development in the Commonwealth shall coordinate with any public utility in the Commonwealth impacted by such funding receipt during any application process and shall promptly notify any such impacted public utility of such funding receipt within 30 days after such funding receipt.