Chapter 31G, Chapter 31G

(a) Notwithstanding any provision of this code to the contrary, the provisions of this article shall not apply to: (1) Facilities located above the “Communication Worker Safety Zone” as such term is defined in the National Electrical Safety Code; or (2) Any electric supply facili…

(a) The Public Service Commission shall possess and exercise regulatory jurisdiction over the provisions of this article. The commission shall administer and adjudicate disputes relating to the issues and procedures provided for under this article. (b) The commission shall adopt …

(a) For purposes of this section: (1) “Commission” shall mean the West Virginia Public Service Commission. (2) “Council” shall mean the Broadband Enhancement Council, as defined in §31G-1-1 of this code. (3) “Electric utility” shall mean any electric utility operating within this…

An electric cooperative organized pursuant to state and federal law, including the Rural Electrification Act of 1936, may utilize its distribution system, poles, or rights of way to provide for critical infrastructure, which may include the construction or operation, or both, of …

Pursuant to §2-2-10 of this code, if any provision of this article or the application thereof to any person or circumstance is held unconstitutional or invalid, such unconstitutionality or invalidity shall not affect other provisions or applications of the article, and to this en…

A pole owner or manager which has determined a utility pole ready for telecommunication fibers to be added, and the additional available capacity for that pole, is required to make such known to the West Virginia Department of Economic Development. Telecommunication carriers will…

This article shall be known and cited as the Vertical Real Estate Management and Availability Act.

For the purposes of this article unless the context otherwise requires: “Ground facilities” means any shed, buildings, server rooms, or other ancillary structure providing essential services to a tower, including, but not limited to, distributing power, providing communications b…

(a) Beginning on July 1, 2020, the Department of Administration shall coordinate with the executive to issue a request for proposals to manage state-owned vertical real estate. This request for proposals shall contain at a minimum the following information from each prospective m…

Any vertical real estate shall be exempted from management if: (A) The rental of that vertical real estate would potentially affect the operations of any public safety, emergency management or homeland security operations: Provided, That if there is a showing that a reasonable, t…

(a) Notwithstanding any other provision of the West Virginia Code or the West Virginia Code of State Rules to the contrary, any ordinance of any political subdivision relating to broadband service is hereby pre-empted to the extent necessary in favor of such broadband installatio…

(a) Notwithstanding any other provision of the West Virginia Code or the West Virginia Code of State Rules to the contrary, any ordinance of any political subdivision regarding pole attachment spacing, positioning, or order by or between any Investor Owned Utility (“IOU”) and any…