dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 56 (Public Service Companies), Chapter 16 (TELEPHONE COOPERATIVES ACT)
§ 56-490. Filing certificate of incorporation.
The natural persons executing the certificate of incorporation shall be residents of the territory in which the principal operations of the cooperative are to be conducted who intend to use telephone service to be furnished by the cooperative. The certificate of incorporation shall be subscribed by at least five such persons and acknowledged by them before an officer authorized by the law of this Commonwealth to take and certify acknowledgments of deeds and conveyances. When so acknowledged the certificate shall be filed in accordance with the provisions of Article 3 (§ 13.1-618 et seq.) of Chapter 9 of Title 13.1, and when so filed the articles of incorporation, or certified copies thereof, shall be received in all the courts of this Commonwealth and elsewhere as prima facie evidence of the facts contained therein, and of the due incorporation of the cooperative. All of the provisions of the Virginia Stock Corporation Act (§ 13.1-601 et seq.) and the Virginia Nonstock Corporation Act (§ 13.1-801 et seq.) insofar as not inconsistent with this chapter are hereby made applicable to such cooperatives, and as soon as the charter is lodged for recordation in the office of the State Corporation Commission, the proposed cooperative described therein, under its designated name, shall be and constitute a body corporate with all of the applicable powers provided for in § 56-49. A cooperative need not have a registered office or a registered agent.

1950, p. 590; 1956, c. 434.
Code of Virginia — Title 56 (Public Service Companies), Chapter 16 (TELEPHONE COOPERATIVES ACT)
§ 56-491. Board of directors; officers.
Every cooperative formed hereunder shall have a board of directors of five or more members, which shall constitute the governing body of the cooperative. The directors, other than those named in the certificate of incorporation, shall be elected annually by the members entitled to vote, unless the bylaws provide that, in lieu of electing the whole number of directors annually, the directors shall be divided into either two or three classes at the first or any subsequent annual meeting, each class to be as nearly equal in number as possible, with the term of office of the directors of the first class to expire at the next succeeding annual meeting, the term of the second class to expire at the second succeeding annual meeting, and the term of the third class, if any, to expire at the third succeeding annual meeting; and that at each annual meeting after such classification a number of directors equal to the number of the class whose term expires at the time of such meeting shall be elected to hold office until the second succeeding annual meeting where the bylaws provide for two classes of directors; or until the third succeeding annual meeting where the bylaws provide for three classes of directors. The directors must be members of the cooperative. The board of directors shall have authority to fix the compensation of directors. Directors shall be entitled to reimbursement for expenses incurred by them in the performance of their duties. The directors shall elect annually from their own number a president and one or more vice-presidents. They shall also elect a secretary and a treasurer, who need not be directors or members, and may combine the offices of secretary and treasurer and designate the combined office as secretary-treasurer.

1950, p. 590; 1956, c. 434; 1974, c. 73; 1978, c. 236.
Code of Virginia — Title 56 (Public Service Companies), Chapter 16 (TELEPHONE COOPERATIVES ACT)
§ 56-492. Powers of board of directors.
The board of directors of a cooperative shall have power to do all things necessary and incidental in conducting the business of the cooperative, including but not limited to:

(1) If authorized by the certificate of incorporation, or by resolution of its members, the power to adopt and amend bylaws for the management and regulation of the affairs of the cooperative, subject, however, to the right of such members to alter or repeal such bylaws. The bylaws of a cooperative may make provisions, not inconsistent with law or its certificate of incorporation regulating the admission, suspension or expulsion of members; the transfer of memberships, the fees and dues of members and the termination of memberships on nonpayment of dues or otherwise; the number, times and manner of choosing, qualifications, terms of office, official designations, powers, duties and compensation of its officers; defining a vacancy in the board or in any office and the manner of filling it; the number of members to constitute a quorum at meetings, the date of the annual meeting and the giving of notice thereof and the holding of special meetings and the giving of notice thereof; the terms and conditions upon which the cooperative is to render service to its members, the disposition of the revenues and receipts of the cooperative; regular and special meetings of the board and the giving of notice thereof.

(2) To appoint agents and employees and to fix their compensation and the compensation of the officers of the cooperative.

(3) To execute all instruments.

(4) To make its own rules and regulations as to its procedure.

1950, p. 591; 1956, c. 434; 1974, c. 73; 2001, c. 386.
Code of Virginia — Title 56 (Public Service Companies), Chapter 16 (TELEPHONE COOPERATIVES ACT)
§ 56-493. Membership; voting; nonprofit operation.
A cooperative may issue to its members certificates of membership. Only members shall be entitled to vote at the meetings of the members of the cooperative. A member entitled to vote may vote in person or, unless the articles of incorporation or the bylaws otherwise provide, may vote by proxy executed in writing by the member, appointing some other member to cast his vote, or may vote by his duly authorized attorney-in-fact, who shall be a member. If a member is not voting in person, by proxy, or by attorney-in-fact, the spouse of such member shall be entitled to vote for the member, in person or by proxy, if permitted by the articles of incorporation or bylaws. No proxy shall be valid after eleven months from its date unless otherwise provided in the proxy. When directors or officers are to be elected by members, the bylaws may provide that such elections may be conducted by mail. The liability of each member shall be limited to the unpaid portion of his membership fee or subscription to capital stock, and any unpaid bills for telephone service from the cooperative. The equity of members of a nonstock cooperative shall be in proportion to the revenue paid the cooperative by each member. A cooperative shall be operated on a nonprofit basis for the mutual benefit of its members. The bylaws of the cooperative or its contract with its members shall contain such provisions relative to the disposition of revenues and receipts as may be necessary and appropriate to establish and maintain its nonprofit and cooperative character.

1950, p. 591; 1956, c. 434; 1968, c. 100; 1992, c. 6; 1996, c. 708.

Code of Virginia — Title 56 (Public Service Companies), Chapter 16 (TELEPHONE COOPERATIVES ACT)
§ 56-494. Service to members; to nonmembers.
Except as hereinafter provided, the corporate purpose of each cooperative formed hereunder shall be to render service to its members only, and no person shall become or remain a member unless such person uses telephone service supplied by the cooperative and shall have complied with the terms and conditions in respect to membership contained in the bylaws of the cooperative. Should the cooperative acquire any telephone facilities already dedicated or devoted to the public use it may, for the purpose of continuing existing service and avoiding hardship, continue to serve the persons served directly from such facilities at the time of such acquisition without requiring that such persons become members.

The rates to such nonmembers shall be on a cost basis similar to those charged members.

1950, p. 592; 1956, c. 434; 1996, c. 708.
Code of Virginia — Title 56 (Public Service Companies), Chapter 16 (TELEPHONE COOPERATIVES ACT)
§ 56-495. Powers granted corporation.
Each corporation formed under this chapter shall have power to do any and all acts or things necessary or incidental for carrying out the purpose for which it was formed, including, but not limited to:

1. To furnish or provide telephone service or any of the facilities necessary therefor in connection with the furnishing or providing of such service with others both within and without this Commonwealth and to provide such services or facilities as may be incidental or related to providing telephone service.

2. To sue and be sued.

3. To have a seal and alter the same at pleasure.

4. To acquire, hold and dispose of property, real and personal, tangible and intangible, or interests therein and to pay therefor in cash or property or on credit, and to secure and procure payment of all or any part of the purchase price thereof on such terms and conditions as the board shall determine.

5. To acquire, own and dispose of shares or interests in other entities engaged in communications businesses.

6. To render service and to acquire, own, operate, maintain and improve a system or systems.

7. To accept gifts or grants of money, or property, real or personal, from any person, municipality or federal agency and to accept voluntary and uncompensated services.

8. To sell, lease, mortgage or otherwise encumber or dispose of all or any part of its property, as hereinafter provided.

9. To contract debts, borrow money and to issue or assume the payment of bonds, and other obligations.

10. To fix, maintain and collect reasonable fees, rents, tolls and other charges for services rendered.

11. To exercise all the powers set forth in § 56-49, including the power of eminent domain as prescribed for other public service corporations by general law.

12. To issue nonassessable nonvoting common and preferred capital stock and pay annually noncumulative dividends thereon not exceeding four percent and no cooperative operating hereunder shall pay annually more than four percent interest on membership capital.

13. To perform any and all of the foregoing acts and to do any and all of the foregoing things under, through or by means of its own officers, agents and employees, or by contracts with any person, federal agency or municipality.

1950, p. 592; 1956, c. 434; 1989, c. 185; 2001, c. 386.
Code of Virginia — Title 56 (Public Service Companies), Chapter 16 (TELEPHONE COOPERATIVES ACT)
§ 56-496. Disposition of property.
No cooperative may sell, lease or dispose of any of its property other than property which, in the judgment of the board, is neither necessary nor useful in operating or maintaining the cooperative's system and which in any one year shall not exceed ten per centum in value of the value of all the property of the cooperative, unless authorized so to do by the votes of at least a two-thirds majority of its members; provided, however, that a cooperative: (i) may mortgage or otherwise encumber its assets by a vote of at least two-thirds of its board of directors; or (ii) may sell or transfer its assets to another cooperative upon the vote of a majority of its members at any regular or special meeting if the notice of such meeting contains a copy of the terms of the proposed sale or transfer.

1950, p. 593; 1956, c. 434; 1979, c. 103.

Code of Virginia — Title 56 (Public Service Companies), Chapter 16 (TELEPHONE COOPERATIVES ACT)
§ 56-497. Issue of obligations.
A cooperative shall have the power and is hereby authorized, from time to time, to issue its obligations in anticipation of its revenues for any corporate purpose. Such obligations may be authorized by resolution of the board, and may bear such date or dates, mature at such time or times, not exceeding fifty years from their respective dates, bear such interest, be payable at such times, be in such denominations, be in such form, either coupon or registered, carry such registration privileges, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption, not exceeding par and accrued interest, as such resolution may provide. Such obligations may be sold in such manner and upon such terms as the board may determine at not less than par and accrued interest. Pending the preparation or execution of definitive bonds, or obligations, interim receipts or certificates or temporary bonds may be delivered to purchasers of such obligations.

1950, p. 593; 1956, c. 434; 1979, c. 129.

Code of Virginia — Title 56 (Public Service Companies), Chapter 16 (TELEPHONE COOPERATIVES ACT)
§ 56-498. Covenants.
In connection with the issuance of any obligations a cooperative may make covenants or agreements and do any and all acts or things that a corporation can make or do under the laws of the Commonwealth of Virginia.

1950, p. 593; 1956, c. 434.

Code of Virginia — Title 56 (Public Service Companies), Chapter 16 (TELEPHONE COOPERATIVES ACT)
§ 56-499. Purchase of own obligations.
A cooperative shall have power out of any funds available therefor to purchase any obligations issued by it at a price not exceeding the principal amount thereof and accrued interest thereon. All bonds so purchased shall be cancelled.

1950, p. 593; 1956, c. 434.
Code of Virginia — Title 56 (Public Service Companies), Chapter 16 (TELEPHONE COOPERATIVES ACT)
§ 56-500. Consolidation or merger.
Any two or more cooperatives created under the provisions of this chapter may consolidate or merge into a single corporation in the manner prescribed by Title 13.1, which consolidated or merged corporation shall exercise all the powers and authority and shall be vested with all the rights, franchises and privileges of each of the corporations so consolidated or merged.

1950, p. 594; 1956, c. 434.

Code of Virginia — Title 56 (Public Service Companies), Chapter 16 (TELEPHONE COOPERATIVES ACT)
§ 56-501. Repealed.
Repealed by Acts 1998, c. 252.

Code of Virginia — Title 56 (Public Service Companies), Chapter 16 (TELEPHONE COOPERATIVES ACT)
§ 56-501.1. Payment of certain patronage capital to spouse or next of kin of deceased person.
When there is held by any telephone cooperative, engaged in the business of furnishing telephone service, any patronage capital to the credit of a deceased person, in an amount not exceeding $500, upon whose estate there shall have been no qualification, it shall be lawful for such telephone cooperative, after 120 days from the death of such person, to pay such balance to his or her spouse, and if none, to his or her next of kin, whose receipt therefor shall be a full discharge and acquittance to such telephone cooperative to all persons whomsoever on account of such patronage capital.

1979, c. 442.

Code of Virginia — Title 56 (Public Service Companies), Chapter 16 (TELEPHONE COOPERATIVES ACT)
§ 56-502. Regulation by State Corporation Commission.
Every cooperative organized under this chapter shall be subject to the jurisdiction of the State Corporation Commission with respect to telephone services and facilities in the same manner and to the same extent as are other similar utilities under the laws of Virginia, except that (i) the Commission shall have no jurisdiction over the rates, service quality and types of service offerings of the cooperative to its members; (ii) a cooperative shall not be required to file a local service tariff with the Commission; and (iii) where a cooperative establishes a cable television system, it shall be subject to Article 1.2 (§ 15.2-2108.19 et seq.) of Chapter 21 of Title 15.2.

1950, p. 594; 1956, c. 434; 1985, c. 405; 1996, c. 708; 1998, c. 252; 2001, c. 386; 2006, cc. 73, 76.

Code of Virginia — Title 56 (Public Service Companies), Chapter 16 (TELEPHONE COOPERATIVES ACT)
§ 56-503. Dissolution.
A cooperative created hereunder may be dissolved in the manner prescribed by Article 16 (§ 13.1-742 et seq.) of Chapter 9 or Article 13 (§ 13.1-902 et seq.) of Chapter 10 of Title 13.1.

1950, p. 594; 1956, c. 434.
Code of Virginia — Title 56 (Public Service Companies), Chapter 16 (TELEPHONE COOPERATIVES ACT)
§ 56-504. Charter amendments.
A cooperative created hereunder may amend its certificate of incorporation to change its corporate name, to increase or reduce the number of its directors or change any other provision therein, provided that no cooperative shall amend its certificate of incorporation to embody therein any purpose, power or provision which would not be authorized if its original certificate including such additional or changed purpose, power or provision were offered for filing at the time a certificate under this section is offered. Such amendment may be accomplished in the method prescribed by law for corporations generally.

1950, p. 594; 1956, c. 434.

Code of Virginia — Title 56 (Public Service Companies), Chapter 16 (TELEPHONE COOPERATIVES ACT)
§ 56-505. Charter fees.
The general laws of Virginia relating to fees and other charges in connection with issuing charters, amendments thereto, consolidations and dissolutions of corporations organized on a mutual basis or without capital stock, shall apply to cooperatives organized under the provisions of this chapter.

1950, p. 595; 1956, c. 434.

Code of Virginia — Title 56 (Public Service Companies), Chapter 16 (TELEPHONE COOPERATIVES ACT)
§ 56-506. Construction of chapter; conflicting laws.
This chapter is to be liberally construed and the enumeration of any object, purpose, power, method or thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods or things, and any provisions of other laws in conflict with the provisions of this chapter shall not apply to cooperatives operating hereunder.

1950, p. 595; 1956, c. 434.

Code of Virginia — Title 56 (Public Service Companies), Chapter 16 (TELEPHONE COOPERATIVES ACT)
§ 56-507. Adoption of provisions by existing corporation.
Any Virginia corporation engaged in the furnishing of telephone service in the Commonwealth may come under the provisions of this chapter by filing with the Commission a certificate of adoption in the manner provided by paragraph (b) of § 13.1-334, and relinquishing all rights and powers granted by the former charter.

1950, p. 595; 1956, c. 434.
Code of Virginia — Title 56 (Public Service Companies), Chapter 16 (TELEPHONE COOPERATIVES ACT)
§ 56-508. Extension of service to territory not being served.
If, from any rural territory not now being served, application be made to the State Corporation Commission by a group of five or more persons, natural or artificial, to require an extension of telephone service to such territory, the Commission shall, if necessary to accomplish the purposes sought, fix a time for hearing upon the application, on such terms and conditions as the Commission prescribes, and, if it be established to the satisfaction of the Commission that a proper guaranteed revenue for a sufficient number of years will accrue to any company which may be required to construct the desired extension, and that a reasonable return will accrue to the company constructing the extension, then the Commission is authorized to require the nearest, or most advantageously located public telephone company to such territory to construct such extension to such point or points in such territory and to serve such customer or customers therein, as in its judgment is deemed right and proper.

1950, p. 595; 1956, c. 434.
Code of Virginia — Title 56 (Public Service Companies), Chapter 16.1 (RADIO COMMON CARRIERS [Repealed])
§ 56-508.1. Repealed.
Repealed by Acts 1995, c. 281.
Code of Virginia — Title 56 (Public Service Companies), Chapter 16.2 (CELLULAR MOBILE RADIO COMMUNICATIONS CARRIERS [Repealed])
§ 56-508.8. Repealed.
Repealed by Acts 1995, c. 281.
Code of Virginia — Title 56 (Public Service Companies), Chapter 16.3 (PAY TELEPHONE REGISTRATION ACT)
§ 56-508.15. Registration required for intrastate pay telephone service; pay telephone instruments disconnected upon suspension or revocation of registration.
A. No person shall sell or resell intrastate telephone service through pay telephone instruments without either being registered pursuant to this chapter with the State Corporation Commission or holding a certificate of public convenience and necessity pursuant to Chapter 10.1 (§ 56-265.1 et seq.) of this title. Upon suspension or revocation of any registration, certificated carriers shall disconnect pay telephone instruments of the registrant as directed by order of the Commission.

B. All persons engaged in the sale or resale of intrastate telephone service through pay telephone instruments as of July 1, 1993, shall, within the following 180 days, either acquire Commission registration or demonstrate to the Commission possession of a certificate of public convenience and necessity pursuant to Chapter 10.1 of this title.

C. As used in this chapter, "intrastate telephone service" means telephone calls that originate and terminate within the Commonwealth.

1993, c. 140.

Code of Virginia — Title 56 (Public Service Companies), Chapter 16.3 (PAY TELEPHONE REGISTRATION ACT)
§ 56-508.16. Commission authorized to promulgate regulations.
A. The State Corporation Commission may promulgate regulations necessary to implement the provisions of this chapter.

B. Without limiting the Commission's authority to promulgate other necessary regulations, the Commission's regulations implementing this chapter may, among other things, authorize the Commission:

1. To levy and collect reasonable registration or other fees;

2. To establish service and rate criteria for registered or certificated persons; and

3. To suspend or revoke registration, or to levy fines or impose other sanctions, for failure to comply with such regulations.

1993, c. 140.
Code of Virginia — Title 56 (Public Service Companies), Chapter 17 (STATE OPERATION OF PUBLIC UTILITIES)
§ 56-509. Uninterrupted functioning and operation of essential public utilities.
The continuous, uninterrupted, and proper functioning and operation of public utilities engaged in the business of furnishing water, light, heat, gas, electric power, transportation, communication, or any one or more of them to the people of Virginia are hereby declared to be essential to the public welfare, health, and safety. It is contrary to the public policy of the Commonwealth to permit any substantial impairment or suspension of the operation of any such utility, and it is the duty of the Commonwealth to exercise all available means and every power at its command to prevent the same so as to protect its citizens from any dangers, perils, calamities, or catastrophes that would result therefrom. Further, such utilities are declared to be of vital public interest, and as such, it is necessary that impairment or suspension of the operation of any such utility for any reason be prevented to the extent and by the means hereafter provided.

1952, c. 696; 2022, c. 234.

Code of Virginia — Title 56 (Public Service Companies), Chapter 17 (STATE OPERATION OF PUBLIC UTILITIES)
§ 56-510. Duty of Governor when there is threat of curtailment, interruption, etc., of operation.
Whenever in the judgment of the Governor there is an imminent threat of substantial curtailment, interruption or suspension in the operation of any public utility hereinabove mentioned he shall promptly make an investigation to determine whether, in his opinion, an actual curtailment, interruption or suspension of operation will constitute a serious menace or threat to the public health, safety or welfare, and if he concludes that it will, he shall forthwith issue an executive proclamation so declaring and stating that at the time of such curtailment, interruption or suspension of operation he will take immediate possession of the utility, its plant and equipment, or so much thereof as may be necessary, for the use of and operation by the Commonwealth. Where the Governor finds it advisable for effectuation of the purposes hereof he may by proclamation advance or defer such taking of possession.

1952, c. 696.

Code of Virginia — Title 56 (Public Service Companies), Chapter 17 (STATE OPERATION OF PUBLIC UTILITIES)
§ 56-511. Power of Governor to possess and operate utility.
The Governor may possess and operate such properties in the manner hereinafter provided and through such department or agency of the Commonwealth as he may designate.

1952, c. 696.
Code of Virginia — Title 56 (Public Service Companies), Chapter 17 (STATE OPERATION OF PUBLIC UTILITIES)
§ 56-512. Employment of utility employees by Commonwealth; information to be furnished.
If the Governor shall issue a proclamation of intention to take possession of and operate any such utility as provided herein, he shall immediately ascertain what positions of employment are necessary to be filled in order to operate the same to such extent as may be required to protect the public safety and welfare, and the duties incident to each such position, and shall ascertain from those persons then employed in such positions whether they will accept employment by the Commonwealth to perform like duties for the Commonwealth. Any such person who will accept employment by the State shall be entitled to be employed and to continue in such employment for such time as the Governor may determine. It shall be the duty of the management of any such utility to provide promptly and furnish to the Governor, upon his request, detailed information with respect to the positions necessary to be filled and the duties incident to or pertaining to each such position, and the name of the person presently holding same.

1952, c. 696.

Code of Virginia — Title 56 (Public Service Companies), Chapter 17 (STATE OPERATION OF PUBLIC UTILITIES)
§ 56-513. Replacement of utility employees unwilling to work for Commonwealth.
In the event that any person or persons then employed by the utility in any such necessary positions shall fail to indicate an intention to work for the Commonwealth in operating the utility, when inquiry is made of such person by the Governor or his agent, the Governor shall immediately institute measures to employ another person or other persons to perform the required duties of anyone not indicating such intention. No person who upon such inquiry fails to indicate intention to work for the Commonwealth may thereafter claim the right to employment by the Commonwealth provided in § 56-512.

1952, c. 696.

Code of Virginia — Title 56 (Public Service Companies), Chapter 17 (STATE OPERATION OF PUBLIC UTILITIES)
§ 56-514. Status as employee of utility unaffected by acceptance or refusal of employment by Commonwealth.
The status of no person as an employee of the utility shall be affected by either his acceptance of employment by the Commonwealth or by his refusal of such employment.

1952, c. 696.
Code of Virginia — Title 56 (Public Service Companies), Chapter 17 (STATE OPERATION OF PUBLIC UTILITIES)
§ 56-515. Entry upon property of utility after proclamation of intention to take possession.
After any proclamation of intention to take possession, the Governor may, by and through agents designated by him, enter upon the property of the utility with prospective employees and familiarize them with the nature of the work incident to the positions in which it is contemplated they will be employed and train them to discharge the duties thereof. The management of the utility and all state departments, institutions and agencies shall cooperate with the Governor in the operation of the utility and in the securing and training of persons for employment in such operation.

1952, c. 696.

Code of Virginia — Title 56 (Public Service Companies), Chapter 17 (STATE OPERATION OF PUBLIC UTILITIES)
§ 56-516. When possession of utility to be delivered; procedure upon refusal of possession.
Unless the management of the utility believes that the Governor is mistaken in his conclusion as to the curtailment, interruption or suspension of operation, actual possession of the utility, its properties and facilities, shall be delivered at the time stated in the executive proclamation. In the event of refusal of possession, upon application of the Governor any court of record of any county or city in which the utility's main executive offices in this Commonwealth are located, or the judge thereof in vacation, shall issue a rule requiring the authorized representatives of such utility to show cause why possession should not be delivered at the time stated in the executive proclamation. The rule shall be given preference over all other matters pending before such court. After reasonable notice, the court or judge shall hear the parties and determine as promptly as possible the question of fact relating to the curtailment, interruption or suspension of the operation of the utility and whether the facts require the delivery of possession and render judgment requiring or denying delivery of possession as the case may be.

1952, c. 696.
Code of Virginia — Title 56 (Public Service Companies), Chapter 17 (STATE OPERATION OF PUBLIC UTILITIES)
§ 56-517. Interference with or obstruction of Governor, state representative or agent.
No person, organization or association or any bargaining representative of the employees or any representative or agent of the management of the utility shall interfere with or obstruct the Governor, or any state representative or agent designated by him, in his efforts to secure or contract for the services of the officers and employees of the utility or of any person to engage in or continue the operation of the utility, or shall encourage or solicit any such persons not to render such services or shall interfere in or obstruct the training of prospective employees in the operation of the utility by the Governor or by the designated state representatives. Upon seizure of any utility as provided herein the establishment or conduct of a picket line near or adjacent to any work engaged in or proposed to be engaged in by any such persons employed or sought to be employed by the Commonwealth in its operation of such utility shall be deemed an unlawful obstruction of the exercise of an essential function of the state government and a violation of this section; and all persons ordering, directing, encouraging or participating in any such picketing shall be guilty of violating this section.

1952, c. 696.

Code of Virginia — Title 56 (Public Service Companies), Chapter 17 (STATE OPERATION OF PUBLIC UTILITIES)
§ 56-518. Expense of operation, etc.; payment of revenues, etc., into state treasury.
The expense of operating any utility pursuant to the provisions of this chapter, and of training prospective employees or otherwise preparing to operate the same shall be paid out of the appropriation for criminal charges upon such authorizations as the Governor may prescribe, and all funds, revenues or reimbursements derived from or received as a result of such operations shall be paid into the state treasury and credited to such appropriation, or, after full reimbursement of such appropriation for expenditures therefrom, additional funds may be credited to such other appropriations as the Governor may direct, and subsequent disbursements in carrying out the purposes of this chapter may be made therefrom.

1952, c. 696.

Code of Virginia — Title 56 (Public Service Companies), Chapter 17 (STATE OPERATION OF PUBLIC UTILITIES)
§ 56-519. Previously established salaries, wages, conditions of employment, etc., to be observed; collective bargaining.
During the period of the Commonwealth's operation of any utility, pursuant to the provisions of this chapter, the Governor shall observe the utility's previously established salaries, wages, conditions of employment, practices as to merit or length of service increases and as to promotions; it being the intent of this chapter that any disputes as to such matters shall be settled by collective bargaining between the parties to such disputes.

1952, c. 696.
Code of Virginia — Title 56 (Public Service Companies), Chapter 17 (STATE OPERATION OF PUBLIC UTILITIES)
§ 56-520. Collection and disposition of revenues accruing from utility.
The Governor may provide in such manner as he deems appropriate for the collection of the gross revenues accruing from the utility during the time of its operation by the Commonwealth. After payment of proper operating expenses and reimbursement of the Commonwealth for all expenses incurred in preparing to operate same and making allowances of the additional items as provided in § 56-523 in defining net income, eighty-five per centum of the net income shall be paid to the utility as compensation for the temporary use of its business, facilities and properties. The amount of money so paid shall in nowise control the amount of just compensation to be allowed the utility. In the event of disagreement as to the amount of payments under this section, either party may, by appropriate petition, submit the matter to the State Corporation Commission with the right of appeal from its decision to the Supreme Court.

1952, c. 696.

Code of Virginia — Title 56 (Public Service Companies), Chapter 17 (STATE OPERATION OF PUBLIC UTILITIES)
§ 56-521. Restoring possession to utility.
Whenever the authorized representatives of any such utility shall notify the Governor, in writing, stating that the utility is in position to and can and will resume operations and render normal public service, and shall satisfy the Governor, or his designated agent of the correctness of such statement, the Governor, or such agent, upon the request of the utility management, shall restore to the possession of the utility its properties and facilities. In the event that the Governor or such agent for any reason refuses such restoration of possession, the utility shall have the right to have a rule issued by the circuit court in the City of Richmond, or the judge thereof in vacation, to show cause why such possession should not be restored. The rule shall provide for 10 days' notice to the Governor or such agent before cause is required to be shown. The decision of such court, or the judge thereof in vacation, on such question shall be final as to conditions then existing, but shall not be a bar to subsequent requests by the utility for restoration of possession. Nothing in this section shall be construed as denying to the Governor the right to restore possession at any time when, in his judgment, the public interest so requires.

1952, c. 696; 2005, c. 681.
Code of Virginia — Title 56 (Public Service Companies), Chapter 17 (STATE OPERATION OF PUBLIC UTILITIES)
§ 56-522. Compensation to utility.
The utility shall be entitled to receive reasonable, proper and lawful compensation for the use of its business, facilities and properties by the Commonwealth. In the event the parties in interest are unable to agree upon the amount of such compensation either party may file a petition in the court rendering judgment requiring delivery of possession of the utility, or in the event no such judgment was rendered, in any court mentioned in § 56-516, for the purpose of having the same judicially determined. The court shall, without a jury, hear such evidence and argument of counsel as may be deemed appropriate and render judgment thereon or may, subject to the provisions of § 8.01-607, refer to a commissioner such questions as are considered proper and act upon the commissioner's report as permitted in the statutes and rules governing commissioners' proceedings. An appeal shall be to the Supreme Court from any final judgment of the court rendered under this section. If the amount of compensation so determined shall be less than the sum paid to the utility under the provisions of § 56-520 the utility shall return the excess by paying the same to the State Treasurer to be credited as the Governor may direct in accordance with the provisions of § 56-518.

1952, c. 696; 2005, cc. 681, 885.

Code of Virginia — Title 56 (Public Service Companies), Chapter 17 (STATE OPERATION OF PUBLIC UTILITIES)
§ 56-523. Definitions.
The words "utilities" or "public utilities" when used in this chapter shall be construed to mean any person, partnership, association or corporation, engaged in the business of furnishing electric power, water, light, heat, gas, transportation or communication, or any one or more of them, to the people of Virginia.

"Net income" with respect to operation of a utility by the Commonwealth shall be construed to mean the gross revenues derived from such operation after deducting therefrom:

(1) The costs of operation and maintenance of the utility,

(2) The amount of depreciation during the time of such operation based on the amount allowed in the utility's federal income tax return,

(3) Federal, state, and local taxes which would be payable by the utility, if the properties were operated by it,

(4) Interest on the indebtedness of the utility, and

(5) Payments for the cost of insurance.

All of such items shall be prorated on an annual basis in proportion to the time the plant is operated by the Commonwealth.

1952, c. 696.

Code of Virginia — Title 56 (Public Service Companies), Chapter 17 (STATE OPERATION OF PUBLIC UTILITIES)
§ 56-524. Penalties.
Any person violating any of the provisions of §§ 56-512, 56-515 or § 56-517 shall be guilty of a misdemeanor and upon conviction of same shall be fined not less than $10 nor more than $1,000, and may be imprisoned in jail for not more than 12 months.

1952, c. 696.
Code of Virginia — Title 56 (Public Service Companies), Chapter 17 (STATE OPERATION OF PUBLIC UTILITIES)
§ 56-525. Injunction against violation of chapter.
In addition to the remedies herein provided, the Governor is hereby authorized to apply to the Circuit Court of the City of Richmond or to any court mentioned in § 56-516 for, and such court shall have jurisdiction upon hearing and for cause shown to grant, a temporary or permanent injunction restraining any person, organization, association or corporation from violating any provision of this chapter irrespective of whether or not there exists an adequate remedy at law.

1952, c. 696.

Code of Virginia — Title 56 (Public Service Companies), Chapter 17 (STATE OPERATION OF PUBLIC UTILITIES)
§ 56-526. Duty of Commonwealth's attorneys and Attorney General; employment of special counsel.
It shall be the duty of every attorney for the Commonwealth to whom the Governor shall report any violation of §§ 56-512, 56-515 or § 56-517 to cause proceedings to be prosecuted without delay for the fines and penalties in such cases. The Attorney General shall be charged with the duty of enforcing all other provisions of this chapter and shall represent the Governor in all matters arising thereunder. Whenever he shall deem it in the best interest of the Commonwealth the Attorney General may employ special counsel to assist him in carrying out the duties imposed by this section and the expenses so incurred shall be considered as an expense of operation of the utility and paid in accordance with the provisions of § 56-518.

1952, c. 696.

Code of Virginia — Title 56 (Public Service Companies), Chapter 17 (STATE OPERATION OF PUBLIC UTILITIES)
§ 56-527. Chapter not applicable to certain carriers.
With the exception of ferries nothing in this chapter shall apply to any express company, sleeping car company, common carrier engaged in interstate commerce by railroad or by air or to any company which is directly or indirectly owned or controlled by any carrier by railroad.

1952, c. 696; 1954, c. 108.

Code of Virginia — Title 56 (Public Service Companies), Chapter 17 (STATE OPERATION OF PUBLIC UTILITIES)
§ 56-528. Governor's powers as commander in chief not impaired.
Nothing in this chapter shall be considered or construed as in any way questioning or impairing the constitutional or statutory powers of the Governor as commander in chief of the land and naval forces of the Commonwealth.

1952, c. 696.
Code of Virginia — Title 56 (Public Service Companies), Chapter 19 (SMALL INVESTOR-OWNED TELEPHONE UTILITY ACT)
§ 56-531. Definitions.
As used in this chapter, which may be cited as the "Small Investor-Owned Telephone Utility Act":

"Commission" means the "State Corporation Commission."

"Small investor-owned telephone utility" means any investor-owned public utility (other than a cooperative) which serves fewer than 100,000 access lines in Virginia and which owns, manages, or controls any plant or equipment or any part of a plant or equipment within the Commonwealth for the conveyance of telephone messages, either directly or indirectly, to or for the public.

1986, c. 337; 1987, c. 295; 1998, c. 64.
Code of Virginia — Title 56 (Public Service Companies), Chapter 19 (SMALL INVESTOR-OWNED TELEPHONE UTILITY ACT)
§ 56-532. Tariff filings.
A. Any change in any rate, toll, charge, fee, rule, or regulation (hereafter collectively referred to as tariffs) of a small investor-owned telephone utility shall become effective thirty days after notice has been mailed to each customer unless:

1. A protest or objection is filed by the lesser of 5 percent or 150 customers subject to a small investor-owned telephone utility's tariffs; or

2. The Commission acts, on its own motion, to investigate the utility's tariffs after at least thirty days' notice by the utility to the Commission and to the public.

B. Whenever the lesser of 5 percent or 150 customers subject to a small investor-owned telephone utility's tariffs file a protest or objection to any change in any schedule of that utility's tariffs, the Commission may suspend the enforcement of any or all of the proposed tariffs for a period not exceeding 150 days from the date of the filing of those tariffs with the Commission and shall convene a hearing to determine whether the proposed tariffs are reasonable and just. At the conclusion of the hearing, the Commission may fix and order substituted tariffs as shall be just and reasonable.

C. Notice of the suspension of any proposed tariff and the scheduling of a hearing shall be given by the Commission to the small investor-owned telephone utility prior to the expiration of the thirty days' notice to the Commission and to the public as prescribed in subsection A of this section. If the proceeding has not been concluded and an order made at the expiration of the suspension period, after notice to the Commission by the utility making the filing, the proposed tariffs shall go into effect. Where increased rates, tolls, or charges are thus made effective, the Commission shall by order:

1. Require the small investor-owned telephone utility to furnish a bond, which at the Commission's discretion may bear interest at a rate specified by the Commission, in order to refund any amounts ordered by the Commission;

2. Require the utility to keep detailed accounts of all amounts received by reason of such increase; and

3. Upon completion of the hearing and decision, order the small investor-owned telephone utility to refund the portion of such increased rates, tolls, or charges found by the Commission's decision to be unjustified.

D. The Commission may, acting on its own motion, suspend the utility's proposed tariffs. The Commission shall give notice of its intention to suspend the proposed tariffs to the small investor-owned telephone utility within thirty days' notice after the filing of these proposed tariffs.

E. The Commission is authorized to promulgate any rules necessary to implement this section.

1986, c. 337.
Code of Virginia — Title 56 (Public Service Companies), Chapter 19 (SMALL INVESTOR-OWNED TELEPHONE UTILITY ACT)
§ 56-533. Regulation by State Corporation Commission.
Every small investor-owned telephone utility shall be subject to Chapters 1 (§ 56-1 et seq.), 2 (§ 56-49 et seq.), 10 (§ 56-232 et seq.), 10.1 (§ 56-265.1 et seq.), 10.3 (§ 56-265.14 et seq.) and 15 (§ 56-458 et seq.) of this title, except that the obligations of small investor-owned telephone utilities as to tariff filings shall be defined by this chapter. Small investor-owned telephone utilities shall also be subject to Chapters 3 (§ 56-55 et seq.) and 4 (§ 56-76 et seq.) of this title when they have affiliated interests as defined in § 56-76.

1986, c. 337.

Code of Virginia — Title 56 (Public Service Companies), Chapter 19 (SMALL INVESTOR-OWNED TELEPHONE UTILITY ACT)
§ 56-534. Construction of chapter; conflicting laws.
This chapter is to be liberally construed, and any provisions of other laws in conflict with the provisions of this chapter shall not apply to small investor-owned telephone utilities operating hereunder.

1986, c. 337.
Code of Virginia — Title 56 (Public Service Companies), Chapter 2 (CREATION AND POWERS OF PUBLIC SERVICE CORPORATIONS)
§ 56-47. Repealed.
Repealed by Acts 1956, c. 438.
Code of Virginia — Title 56 (Public Service Companies), Chapter 2 (CREATION AND POWERS OF PUBLIC SERVICE CORPORATIONS)
§ 56-49.01. Natural gas companies; right of entry upon property.
A. Any firm, corporation, company, or partnership, organized for the bona fide purpose of operating as a natural gas company as defined in 15 U.S.C. § 717a, as amended, may make such examinations, tests, hand auger borings, appraisals, and surveys for its proposed line or location of its works as are necessary (i) to satisfy any regulatory requirements and (ii) for the selection of the most advantageous location or route, the improvement or straightening of its line or works, changes of location or construction, or providing additional facilities, and for such purposes, by its duly authorized officers, agents, or employees, may enter upon any property without the written permission of its owner if (a) the natural gas company has requested the owner's permission to inspect the property as provided in subsection B, (b) the owner's written permission is not received prior to the date entry is proposed, and (c) the natural gas company has given the owner notice of intent to enter as provided in subsection C. A natural gas company may use motor vehicles, self-propelled machinery, and power equipment on property only after receiving the permission of the landowner or his agent.

B. A request for permission to inspect shall (i) be sent to the owner by certified mail, (ii) set forth the date such inspection is proposed to be made, and (iii) be made not less than 15 days prior to the date of the proposed inspection.

C. Notice of intent to enter shall (i) be sent to the owner by certified mail, (ii) set forth the date of the intended entry, and (iii) be made not less than 15 days prior to the date of mailing of the notice of intent to enter.

D. Any entry authorized by this section shall not be deemed a trespass. The natural gas company shall make reimbursement for any actual damages resulting from such entry. Nothing in this section shall impair or limit any right of a natural gas company obtained by (i) the power of eminent domain, (ii) any easement granted by the landowner or his predecessor in title, or (iii) any right-of-way agreement, lease or other agreement by and between a natural gas company and a landowner or their predecessors in title or interest.

2004, c. 829.

Code of Virginia — Title 56 (Public Service Companies), Chapter 2 (CREATION AND POWERS OF PUBLIC SERVICE CORPORATIONS)
§ 56-49.1. Repealed.
Repealed by Acts 1956, c. 438.

Code of Virginia — Title 56 (Public Service Companies), Chapter 2 (CREATION AND POWERS OF PUBLIC SERVICE CORPORATIONS)
§ 56-51.1. Repealed.
Repealed by Acts 2011, c. 429, cl. 1.

Code of Virginia — Title 56 (Public Service Companies), Chapter 2 (CREATION AND POWERS OF PUBLIC SERVICE CORPORATIONS)
§ 56-52. Repealed.
Repealed by Acts 1956, c. 438.