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1999 SESSION
990129114Be 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
which are necessary, 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 (i) town which is located adjacent to
Exit 17 on Interstate 81 and (ii) any city with a population between 16,100 and
18,000, 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 provisions of this act shall expire on July 1, 2000.