Section 40. MLEC requirements

A. An MLEC that is a city, town, or county shall file data annually with the Division of Communications to demonstrate that, in the aggregate, revenues associated with intrastate telecommunications services cover the incremental and any required imputed or allocated costs of providing such telecommunications services except in circumstances where permitted by § 56-265.4:4 B 3 of the Code of Virginia. The first filing shall be 60 days after the end of the city, town, or county's calendar or fiscal year during which the city, town, or county began providing intrastate telecommunications services and shall continue annually thereafter.

B. An MLEC that is a city, town, or county shall maintain incremental cost studies for each service offered demonstrating that the associated charges: (i) do not include any subsidies, unless approved by the commission; and (ii) take into account, by imputation or allocation, equivalent charges for all taxes, pole rentals, rights-of-way, licenses, and similar costs incurred by for-profit providers. The applicable study or studies shall be filed with the commission and the Division of Communications within 30 days of a complaint alleging that an individual local exchange service offering or offerings of a city, town, or county fails to comply with these requirements.

C. An MLEC that is a city, town, or county shall maintain accounting records for the revenues, expenses, property, and source of investment dollars pertaining to its telecommunications services that are separate from the accounting records of its affiliated county, city, or town.

Historical Notes

Derived from Volume 19, Issue 17, eff. April 10, 2003; amended, Virginia Register Volume 28, Issue 12, eff. February 1, 2012.

Statutory Authority

§ 12.1-13 of the Code of Virginia.