15.2-2108.32 - Application of article to certain localities. - Virginia Statutes

§ 15.2-2108.32. Application of article to certain localities.

In any locality in which the governing body of the locality has granted oneor more new cable franchises during the 12-month period prior to July 1,2006, that include an overlapping geographic service area with another cablefranchise within that locality, all franchises within that locality shallremain in full force and effect until the earliest expiration date of theoverlapping franchises or until one is terminated pursuant to the terms ofthe franchise and shall not be subject to the provisions of this article,except as set forth in this section. A locality that has granted one or morenew, overlapping franchises within the 12-month period prior to July 1, 2006,shall have the option not to offer, accept, or implement the ordinance cablefranchise process described in § 15.2-2108.22 until the earliest expirationdate of the overlapping franchises, but may determine only to grant new cablefranchises during such period through the negotiated cable franchise process.Any such locality, when granting any additional cable franchises after July1, 2006, and until the existing cable franchises expire or are terminatedpursuant to their terms, shall make the terms of any such newly grantedfranchise available, pursuant to § 15.2-2108.26, to all cable operators withexisting franchises. Any locality in which the governing body of the localityhas granted one or more new cable franchises during the 12-month period priorto July 1, 2006, that include an overlapping geographic service area withanother cable franchise within that locality, shall make the terms of anysuch newly granted franchise available, in the manner described in §15.2-2108.26, to all cable operators with existing franchises on the date thesubsequent overlapping franchise was awarded. Upon the expiration of acurrent cable franchise that is subject to this section, the provisions ofthis section shall no longer be applicable to any cable franchise in suchlocality and the locality shall thereafter be subject to all provisions ofthis article.

(2006, cc. 73, 76.)