                                 CODE OF VIRGINIA

FRANCHISE FEES AND PUBLIC RIGHTS-OF-WAY FEES ON CABLE OPERATORS (§
15.2-2108.1:1)

A. As used in this section:
			&#8220;Cable operator&#8221; means any person or group of persons that (i)
provides cable service over a cable system and directly or through one or more
affiliates owns a significant interest in such cable system or (ii) otherwise
controls or is responsible for, through any arrangement, the management and
operation of a cable system, whether or not the operator has entered into a
franchise agreement with a locality. Cable operator does not include a provider
of wireless or direct-to-home satellite transmission service.			&#8220;Cable
service&#8221; means the one-way transmission to subscribers of (i) video
programming as defined in 47 U.S.C. &#xA7; 522 (20) or (ii) other programming
service, and subscriber interaction, if any, which is required for the selection
of such video programming or other programming service. Cable service does not
include any video programming provided by a commercial mobile service provider
as defined in 47 U.S.C. &#xA7; 332 (d) and any direct-to-home satellite service
as defined in 47 U.S.C. &#xA7; 303 (v).			&#8220;Cable system&#8221; or
&#8220;cable television system&#8221; means any facility consisting of a set of
closed transmission paths and associated signal generation, reception, and
control equipment that is designed to provide cable service that includes video
programming and that is provided to multiple subscribers within a community,
except that such definition shall not include (i) a system that serves fewer
than 20 subscribers; (ii) a facility that serves only to retransmit the
television signals of one or more television broadcast stations; (iii) a
facility that serves only subscribers without using any public right-of-way;
(iv) a facility of a common carrier that is subject, in whole or in part, to the
provisions of Title II of the Communications Act of 1934, 47 U.S.C. &#xA7; 201
et seq., except that such facility shall be considered a cable system to the
extent such facility is used in the transmission of video programming directly
to subscribers, unless the extent of such use is solely to provide interactive
on-demand services; (v) any facilities of any electric utility used solely for
operating its electric systems; (vi) any portion of a system that serves fewer
than 50 subscribers in any locality, where such portion is a part of a larger
system franchised in an adjacent locality; or (vii) an open video system that
complies with &#xA7; 653 of Title VI of the Communications Act of 1934, as
amended, 47 U.S.C. &#xA7; 573.			&#8220;Franchise&#8221; means an initial
authorization, or renewal thereof, issued by a franchising authority, including
a locality or the Commonwealth Transportation Board, whether such authorization
is designated as a franchise, permit, license, resolution, contract,
certificate, agreement, or otherwise, that authorizes the construction or
operation of a cable system, a telecommunications system, or other facility in
the public rights-of-way, including either a negotiated cable franchise or an
ordinance cable franchise.

B. Notwithstanding any other provision of law, if a cable operator uses the
public rights-of-way the cable operator shall be subject to the Public
Rights-of-Way Use Fee as provided in &#xA7; 56-468.1. Any limitation as to fees
charged for the use of the public rights-of-way shall not be applicable to pole
attachments and conduit occupancy agreements between a cable operator and a
locality or its authority or commission, which permits such operator to use the
public poles or conduits.

C. Notwithstanding any other provision of law, no new or renewed cable franchise
entered into on or after January 1, 2007, shall include a franchise fee as long
as cable services are subject to the Virginia Communications Sales and Use Tax
(§ 58.1-645 et seq.). Franchise fee as used in this subsection shall have the
same meaning as that term is defined in 47 U.S.C. § 542 (g).

   1. All cable franchises in effect as of January 1, 2007, shall remain in full
   force and effect, and nothing in this section shall impair any obligation of
   any such agreement; provided, however, that any requirement in such an
   existing franchise for payment of a monetary franchise fee based on the gross
   revenues of the franchisee shall be fulfilled in the manner specified in
   subdivision 2.

   2. Each cable operator owing monetary payments for franchise fees, until the
   expiration of one or more such existing franchises, shall include with its
   monthly remittance of the Communications Sales and Use Tax a report, by
   locality, of the amounts due for franchise fees accruing during that month.
   The Department of Taxation shall, on behalf of the cable operator in the
   relevant locality, then distribute to each county, city, or town the amount
   reported by each locality&#8217;s franchisee(s). Such payments shall reduce
   the cable operator&#8217;s franchise fee liability. The monthly distributions
   shall be paid from the Communications Sales and Use Tax Trust Fund before
   making the other calculations and distributions required by &#xA7; 58.1-662.
   Until distributed to the individual localities, such amounts shall be deemed
   to be held in trust for their respective accounts.

   3. A locality&#8217;s acceptance of any payment under subdivision 2 shall not
   prejudice any rights of the locality under the applicable cable franchises (i)
   to audit or demand adjustment of the amounts reported by its franchisee, or
   (ii) to enforce the provisions of the franchise by any lawful administrative
   or judicial means.

HISTORY: 2006, c. 780.