Section 740. Exceptions and provisions to the payment of fees and compensation

A. Pursuant to §§ 56-462 and 56-468.1 of the Code of Virginia, a certificated provider of telecommunication service shall collect and remit to VDOT a Public Right-of-Way Use Fee as full compensation for the use of the right-of-way by those utilities.

B. Pursuant to §§ 15.2-2108.1:1 and 56-468.1 of the Code of Virginia, a cable television operator subject to the public right-of-way use fee shall not be charged an annual use payment for the use of public right-of-way.

C. Pursuant to § 56-468.1 of the Code of Virginia, certified providers of telecommunications service shall not be charged land use permit application and additive fees or an annual payment under a resource sharing agreement for the use of public right-of-way.

D. Municipal or authority owned sewer and water facilities and renewable energy generation transmission facilities shall not be charged an accommodation fee pursuant to 24VAC30-151-730 of this chapter for the use of public right-of-way.

E. At VDOT's discretion, under the provisions of resource sharing as defined in 24VAC30-151-30, compensation for the use of the limited access right-of-way may be negotiated and agreed upon through one of the following methods:

1. The mutually agreeable exchange of goods or services only;

2. Cash only; or

3. A combination of both.

VDOT will ensure that the goods or services provided in any mutually agreeable exchange are equal to the monetary compensation amount established for the use and occupancy of the right-of-way.

Historical Notes

Derived from Volume 26, Issue 12, eff. March 17, 2010.

Statutory Authority

§ 33.2-210 of the Code of Virginia.