reglab/housing_qa huggingface dataset:
WV Code § 31G-4-1 (2021)
2021 West Virginia Code|Chapter 31G. Broadband Enhancement and Expansion Policies|Article 4. Make-Ready Pole Access|§31G-4-1. Definitions

As used in this article, the following terms are defined as follows:(1) "Applicable codes" means uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization, including, but not limited to, the National Electrical Safety Code, or any local amendments to those codes: Provided, That notwithstanding any other provisions of said applicable codes, the Code of West Virginia, or the West Virginia Code of State Rules, variances for the installation and maintenance of broadband service infrastructure on utility poles shall be permitted if these are agreed upon between infrastructure owners. (2) "Attacher" means any person, corporation, or other entity, or the agents or contractors of such seeking to permanently or temporarily fasten or affix any type of equipment, antenna, line, or facility of any kind to a utility pole in the right of way or its adjacent ground space.(3) "Attachment Application" means the application made by an Attacher to a Pole Owner for attachment of equipment, antenna, line or facility of any kind to a utility pole. It shall include: (A) Proof of insurance; or (B) An indemnification agreement prepared by the Pole Owner. (4) "Make Ready Costs" means the costs incurred by an Attacher associated with the transfer of the facilities, antenna, lines, or equipment of a Pre-Existing Third Party User, undertaken by an Attacher to enable attachment to the utility pole or similar structure. Make-Ready Costs that are to be paid by an Attacher include, without limitation, all costs and expenses to relocate or alter the attachments or facilities of any Pre-Existing Third Party User as may be necessary to accommodate an Attachers attachment.(5) "Pole Owner" means a person, corporation or entity having ownership of a pole or similar structure in the right of way to which utilities, including without limitation, electric and communications facilities, are located or may be located whether such ownership is in fee simple or by franchise.(6) "Pre-Existing Third Party User" means the owner of any currently operating facilities, antenna, lines or equipment on a pole or its adjacent ground space in the right of way.
WV Code § 31G-4-3 (2021)
2021 West Virginia Code|Chapter 31G. Broadband Enhancement and Expansion Policies|Article 4. Make-Ready Pole Access|§31G-4-3. Exceptions

(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 facilities wherever located.(b) This article does not authorize any activity requiring an electric supply outage.
WV Code § 31G-4-5a (2021)
2021 West Virginia Code|Chapter 31G. Broadband Enhancement and Expansion Policies|Article 4. Make-Ready Pole Access|§31G-4-5a. Electric Cooperative Providing Broadband Services

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 a broadband infrastructure project consisting of middle mile or last mile services, or both.
WV Code § 31G-4-6 (2021)
2021 West Virginia Code|Chapter 31G. Broadband Enhancement and Expansion Policies|Article 4. Make-Ready Pole Access|§31G-4-6. Severability

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 end the provisions of this article are declared to be severable.
WV Code § 31G-5-1 (2021)
2021 West Virginia Code|Chapter 31G. Broadband Enhancement and Expansion Policies|Article 5. Vertical Real Estate Management and Availability Act|§31G-5-1. Short Title

This article shall be known and cited as the Vertical Real Estate Management and Availability Act.
WV Code § 31G-5-2 (2021)
2021 West Virginia Code|Chapter 31G. Broadband Enhancement and Expansion Policies|Article 5. Vertical Real Estate Management and Availability Act|§31G-5-2. Definitions

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 backhaul, or other service necessary to carry out the purposes of the tower."Tower" means a structure which hosts an antenna or other equipment used for the purposes of transmitting cellular or wireless signals for communications purposes, including telephonically, or, for computing purposes, including any antenna and all associated equipment; and"Vertical Real Estate" means any communication or broadcast tower, or any other structure or similar installation mounted on a rooftop or other prominent place, and any other such facilities associated with that structure, upon which is suitable to mount communications equipment thereon, and the associated ground facilities necessary to accommodate that communications purpose, or other real estate suitable for the installation of a telecommunications vertical asset: Provided, That any excess telecommunications facilities owned or controlled by the West Virginia Division of Highways that do not meet this definition of Vertical Real Estate, shall be subject to the provisions of 17-2E-6a of this code: Provided further, That nothing in this definition may serve to prohibit terrestrial, middle-mile or last-mile broadband or high speed internet wiring or facilities installation pursuant to 17-2E-1 et seq. nor may classification as such facilities serve to prevent utility installation including, but not limited to, water, electric and sewer services.
WV Code § 31G-5-3 (2021)
2021 West Virginia Code|Chapter 31G. Broadband Enhancement and Expansion Policies|Article 5. Vertical Real Estate Management and Availability Act|§31G-5-3. Management of Vertical Real Estate

(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 manager:(1) A standard method for valuation of space on each tower that is reasonable and customary for the reach of and the numbers of the population served by the vertical real estate.(2) A clause which forbids any vendor to enter into an exclusive arrangement with any person for the right to use the vertical real estate, unless no other entity is interested, and a clause which forbids the sharing of information, backhaul, or any other resources gleaned from managing the assets competitively with any competitors. (3) A clause forbidding the vendor from engaging in any preferential treatment to their own operations as a competing provider of wireless broadband access.(4) A minimum of 50 percent rental reduction for any entity whose utilization of that vertical real estate is providing broadband access which is rate unlimited or unthrottled; subject to current load/demand network management.(b) There is hereby created in the state treasury a special account to be known as the Technology Infrastructure Reinvestment Fund to be administered by the Office of Technology. All revenue derived from the management of the vertical real estate shall be deposited into the fund pursuant to 31G-5-3 of this code. Expenditures from the fund shall be made by the Office of Technology for the purpose of reinvestment in the vertical real estate or technology infrastructure supporting broadband on state-owned property. Expenditures are not authorized from collections but are to be made in accordance with appropriation by the Legislature pursuant to the provisions of 12-3-1, et seq. of this code and upon the fulfillment of the provisions of 11B-2-1, et seq. of this code.(c) The Office of Technology shall remit to the manager the compensation as per the contract and then on June 30 each year shall distribute any funds received in excess of the compensation due the manager as follows:(1) Fifty percent to the Technology Infrastructure Reinvestment Fund, (2) Fifty percent will go to the Broadband Expansion Fund established in 31G-1-5 of this code in control of the Broadband Enhancement Council with the specific purpose of: (A) Funding the ongoing operations of the Broadband Enhancement Council, and(B) To provide funds to match federal grants.(d) Counties, municipalities and other political subdivisions, as applicable, may join or participate in an awarded agreement with a successful manager under the same terms and conditions: Provided, That distribution of funds attributable to their assets may be expended at the discretion of their governing body.
WV Code § 31G-5-4 (2021)
2021 West Virginia Code|Chapter 31G. Broadband Enhancement and Expansion Policies|Article 5. Vertical Real Estate Management and Availability Act|§31G-5-4. Exceptions to the Management of Vertical Real Estate

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, technically feasible, nondiscriminatory design can prevent such adverse effect on any public safety, emergency management or homeland security operations then such management may occur; or(B) It would have an adverse effect on historic preservation of a property: Provided, That if there is a showing that a reasonable, technically feasible, nondiscriminatory, and technologically neutral design or concealment measures can prevent such adverse effect on the propertys historic preservations then such management may occur.
WV Code § 31G-6-1 (2021)
2021 West Virginia Code|Chapter 31G. Broadband Enhancement and Expansion Policies|Article 6. Pre-Emption of Conflicting Local Ordinances and Private Restrictions|§31G-6-1. Pre-Emption in Favor of Broadband Services; Construction of Language in Agreements

(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 installation. (b) No corporate policy, organizational policy, institutional policy, agreement, contract, or other like document, including the rules and regulations of any Home Owners Association, or any similar entity or organization, promulgated or made effective after the effective date of this section, may regulate or prevent the exterior installation of antennas and equipment necessary to or typically utilized for broadband deployment and the terms of any such document shall be strictly construed in favor of encouraging and assisting broadband installation and deployment.
WV Code § 31G-6-2 (2021)
2021 West Virginia Code|Chapter 31G. Broadband Enhancement and Expansion Policies|Article 6. Pre-Emption of Conflicting Local Ordinances and Private Restrictions|§31G-6-2. Pre-Emption in Favor of Broadband Service in Pole Attachments; Construction of Language in Pole Attachment Agreements

(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 Incumbent Local Exchange Carrier ("ILEC") and/or Competitive Local Exchange Carrier ("CLEC") which would seek to provide broadband service, is hereby pre-empted to the extent necessary in favor of such broadband installation or deployment. (b) Any corporate policy, individual agreement, organizational policy, contract, or like document relating to pole attachment spacing, positioning, or order by or between any Investor Owned Utility ("IOU") and any Incumbent Local Exchange Carrier ("ILEC") and/or Competitive Local Exchange Carrier ("CLEC") shall be strictly construed in favor of encouraging and assisting broadband installation and deployment.
WV Code § 31H-1-1 (2021)
2021 West Virginia Code|Chapter 31H. Small Wireless Facilities Deployment Act|Article 1. West Virginia Small Wireless Facilities Deployment Act|§31H-1-1. Legislative Findings

(a) The deployment of reliable small wireless facilities and other next generation wireless and broadband network technology is a matter of statewide concern and critical to the continued economic development and diversification in the state of West Virginia.(b) Small wireless facilities are critical to delivering wireless access to advanced technology, broadband, and 911 services to homes, businesses, and schools throughout the state of West Virginia.(c) Because of the integral role that the delivery of broadband and wireless technology plays in the economic vitality of the state of West Virginia and in the lives of its citizens, the Legislature has determined that a law addressing the further deployment of wireless technology is of vital interest to the state.(d) Small wireless facilities, including facilities commonly referred to as small cells and distributed antenna systems, may often be deployed most effectively in public rights-of-way.(e) To meet the key objectives of this chapter, wireless providers must have access to certain public rights-of-way and the ability to attach or collocate on existing infrastructure that will permit these providers to offer next generation wireless and broadband technology.(f) To ensure that public and private West Virginia consumers may benefit from these services as soon as possible and to ensure that providers of wireless access have a fair and predictable process for the deployment of small wireless facilities in a manner consistent with the character of the area in which the small wireless facilities are deployed, the Legislature is enacting this chapter, which specifies the regulatory authority for the collocation of small wireless facilities.
WV Code § 32-1-101 (2021)
2021 West Virginia Code|Chapter 32. Uniform Securities Act|Article 1. Fraudulent and Other Prohibited Practices|§32-1-101. Sales and Purchases

It is unlawful for any person, in connection with the offer, sale or purchase of any security, directly or indirectly(1) To employ any device, scheme or artifice to defraud;(2) To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading; or(3) To engage in any act, practice or course of business which operates or would operate as a fraud or deceit upon any person.
WV Code § 32-1-102 (2021)
2021 West Virginia Code|Chapter 32. Uniform Securities Act|Article 1. Fraudulent and Other Prohibited Practices|§32-1-102. Advisory Activities

(a) It is unlawful for any person who receives any consideration from another person primarily for advising the other person as to the value of securities or their purchase or sale, whether through the issuance of analyses or reports or otherwise,(1) To employ any device, scheme or artifice to defraud the other person; or(2) To engage in any act, practice or course of business which operates or would operate as a fraud or deceit upon the other person.(b) It is unlawful for any investment adviser to enter into, extend or renew any investment advisory contract unless it provides in writing(1) That the investment adviser shall not be compensated on the basis of a share of capital gains upon or capital appreciation of the funds or any portion of the funds of the client;(2) That no assignment of the contract may be made by the investment adviser without the consent of the other party to the contract; and(3) That the investment adviser, if a partnership, shall notify the other party to the contract of any change in the membership of the partnership within a reasonable time after the change.Subdivision (1) of this subsection does not prohibit an investment advisory contract which provides for compensation based upon the total value of a fund averaged over a definite period, or as of definite dates or taken as of a definite date. "Assignment," as used in subdivision (2) of this subsection includes any direct or indirect transfer or hypothecation of an investment advisory contract by the assignor or of a controlling block of the assignor's outstanding voting securities by a security holder of the assignor; but, if the investment adviser is a partnership, no assignment of an investment advisory contract is considered to result from the death or withdrawal of a minority of the members of the investment adviser having only a minority interest in the business of the investment adviser, or from the admission to the investment adviser of one or more members who, after admission, will be only a minority of the members and will have only a minority interest in the business.(c) It is unlawful for any investment adviser to take or have custody of any securities or funds of any client if(1) The commissioner by rule prohibits custody; or(2) In the absence of rule, the investment adviser fails to notify the commissioner that he has or may have custody.
WV Code § 32-2-203 (2021)
2021 West Virginia Code|Chapter 32. Uniform Securities Act|Article 2. Registration of Broker-Dealers and Agents; Registration and Notice Filing for Investment Advisers|§32-2-203. Post-Registration Provisions

(a) Every registered broker-dealer and investment adviser shall make and keep such accounts, correspondence, memoranda, papers, books and other records as the commissioner prescribes by rule or order, except as provided by section fifteen of the Securities Exchange Act of 1934 (in the case of a broker-dealer) and section 222 of the Investment Advisers Act of 1940 (in the case of an investment adviser). All records so required, with respect to an investment adviser, shall be preserved for three years unless the commissioner prescribes by rule or order otherwise for particular types of records.(b) With respect to investment advisers, the commissioner may require that certain information be furnished or disseminated as necessary or appropriate in the public interest or for the protection of investors and advisory clients. To the extent determined by the commissioner, in his or her discretion, information furnished to clients or prospective clients of an investment adviser that would be in compliance with the Investment Advisers Act of 1940 and the rules thereunder may be used in whole or partial satisfaction of this requirement.(c) Every registered broker-dealer and investment advisor shall file such financial reports as the commissioner may prescribe by rule or order, except as provided by section fifteen of the Securities Exchange Act of 1934 (in the case of a broker-dealer) and section 222 of the Investment Advisers Act of 1940 (in the case of an investment adviser).(d) If the information contained in any document filed with the commissioner is or becomes inaccurate or incomplete in any material respect, the registrant or federal covered adviser shall promptly file a correcting amendment with the commissioner.(e) All the records referred to in subsection (a) of this section are subject at any time or from time to time to such reasonable periodic, special or other examinations by representatives of the commissioner, within or without this state, as the commissioner deems necessary or appropriate in the public interest or for the protection of investors. For the purpose of avoiding unnecessary duplication of examinations, the commissioner, insofar as he or she deems it practicable in administering this subsection, may cooperate with the securities administrators of other states, the securities and exchange commission, and any national securities exchange or national securities association registered under the Securities Exchange Act of 1934.
WV Code § 32-3-301 (2021)
2021 West Virginia Code|Chapter 32. Uniform Securities Act|Article 3. Registration of Securities|§32-3-301. Registration Requirement

It is unlawful for any person to offer or sell any security in this state unless: (1) It is registered under this chapter; or (2) the security or transaction is exempted under section four hundred two of article four of this chapter or under article five of this chapter; or (3) the security is a federal covered security.
WV Code § 32-4-403 (2021)
2021 West Virginia Code|Chapter 32. Uniform Securities Act|Article 4. General Provisions|§32-4-403. Filing of Sales and Advertising Literature

Any prospectus, pamphlet, circular, form letter, advertisement or any other sales literature or advertising communication addressed or intended for distribution to prospective investors, including clients or prospective clients of an investment adviser, shall be filed with the commissioner before it is used, disseminated or distributed unless the security or transaction is exempted by section 402.
WV Code § 32-4-404 (2021)
2021 West Virginia Code|Chapter 32. Uniform Securities Act|Article 4. General Provisions|§32-4-404. Misleading Filings

It is unlawful for any person to make or cause to be made, in any document filed with the commissioner or in any proceeding under this chapter, any statement which is, at the time and in the light of the circumstances under which it is made, false or misleading in any material respect.
WV Code § 32-4-405 (2021)
2021 West Virginia Code|Chapter 32. Uniform Securities Act|Article 4. General Provisions|§32-4-405. Unlawful Representations Concerning Registration, Exemption or Notice Filing

(a) Neither (1) the fact that a notice filing or an application for registration under article two of this chapter or a registration statement under article three of this chapter has been filed nor (2) the fact that a person or security is effectively registered constitutes a finding by the commissioner that any document filed under this chapter is true, complete and not misleading. Neither any such fact nor the fact that an exemption or exception is available for a security or a transaction means that the commissioner has passed in any way upon the merits or qualifications of, or recommended or given approval to, any person, security or transaction.(b) It is unlawful to make, or cause to be made, to any prospective purchaser, customer or client any representation inconsistent with subsection (a).