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1999 SESSION
992844460Patrons-- Stump, Clement, Councill, Day and Putney; Senators: Hawkins, Marye and Reynolds
Be it enacted by the General Assembly of Virginia:
1. That § 15.2-1500 of the Code of Virginia is amended and reenacted as follows:
§ 15.2-1500. Organization of local government.
Every locality shall provide for all the governmental functions of the
locality, including, without limitation, the organization of all departments,
offices, boards, commissions and agencies of government, and the organizational
structure thereof, which are necessary and the employment of the officers and
other employees needed to carry out the functions of government.
Notwithstanding any other provision of law, general or special, no locality
shall establish any department, office, board, commission, agency or other
governmental division or entity which has authority to offer telecommunications
equipment, infrastructure, other than pole or tower attachments including
antennas or conduit occupancy, or services, other than intragovernmental radio
dispatch or paging systems shared by adjoining localities, for sale or lease to
any person or entity other than (i) such locality's departments, offices,
boards, commissions, agencies or other governmental divisions or entities or
(ii) an adjoining locality's departments, offices, boards, commissions,
agencies or other governmental divisions or entities, so long as any charges
for such telecommunications equipment, infrastructure and services do not
exceed the cost to the providing locality of providing such equipment,
infrastructure or services. However, any town which is located adjacent to Exit
17 on Interstate 81 and which offered telecommunications services to the public
on January 1, 1998, is hereby authorized to continue to offer such
telecommunications services, but shall not acquire by eminent domain the
facilities or other property of any telephone company or cable operator. Any
locality may sell any telecommunications infrastructure, including related
equipment, which such locality had constructed prior to September 1, 1998, and
such locality may receive from the purchaser or purchasers, as full or partial
consideration for the sale of such infrastructure, communications services to
be used solely for internal use of the locality. Any locality which sells such
infrastructure, including related equipment, may, at its option, exclude the
incumbent local exchange carrier from the bid or other sale process.
2. That the second enactment of Chapter 906 of the Acts of Assembly of 1998 is repealed.