reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 15 - Telegraph and Telephone Companies › § 56-479.4. Designation of eligible telecommunications carrier for purposes of providing Lifeline service

The Commission may designate any commercial mobile radio or cellular telephone service provider as an eligible telecommunications carrier for purposes of providing Lifeline service, in addition to any commercial mobile radio or cellular telephone service providers designated as such pursuant to 47 U.S.C. §§ 214(e) and (e)(2), without requiring any such provider to obtain a certificate pursuant to the provisions of § 56-265.4:4. The Commission is authorized to promulgate all rules and regulations necessary to implement the provisions of this section.
2022, c. 436.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 15 - Telegraph and Telephone Companies › § 56-480. Rates, etc., on file with Commission not to be questioned in courts; revision; proof

The reasonableness, justice and validity of any rate, charge, rule, regulation or requirement on file with the Commission for any telephone company shall not be questioned in any suit brought by any person in the courts of this Commonwealth against any such telephone company, wherein is involved the charges of such company for the transmission of messages, or the efficiency of the public service and in all the courts of this Commonwealth they shall be conclusively presumed to be reasonable, just and valid.
All such schedules, rules, regulations and requirements shall be received and held in all such suits as prima facie the schedules, rules, regulations and requirements of the Commission without further proof than the production of the schedules desired to be used as evidence, with a certificate of the clerk of the Commission that the same is a true copy of the schedule, rule, regulation or requirement on file with the Commission and so offered in evidence.
Code 1919, § 4056; 1973, c. 378.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 15 - Telegraph and Telephone Companies › § 56-481.1. Rates, charges, and regulations for interexchange telephone service

If under Chapter 10.1 (§ 56-265.1 et seq.) a certificate of public convenience and necessity is issued to a telephone company to provide interexchange service, the Commission may, if it determines that such service will be provided on a competitive basis, approve rates, charges, and regulations as it may deem appropriate for the telephone company furnishing the competitive service, provided such rates, charges, and regulations are nondiscriminatory and in the public interest. In making such determination, the Commission may consider (i) the number of companies providing the service; (ii) the geographic availability of the service from other companies; (iii) the quality of service available from other companies; and (iv) any other factors the Commission considers relevant to the public interest. The Commission is authorized to promulgate any rules necessary to implement this provision; provided that any such rules so promulgated shall be uniformly applicable to all telephone companies that are subject to the provisions of this section. The Commission shall permit the detariffing of interexchange service.
1984, c. 721; 2011, cc. 738, 740.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 15 - Telegraph and Telephone Companies › § 56-481.2. Rates, charges and regulations for local exchange telephone services provided by new entrants

If, under subsection B of § 56-265.4:4, a certificate of public convenience and necessity is issued to a new entrant to provide local exchange telephone service, the Commission shall at the same time adopt a form of regulation for the new entrant's local exchange services and, upon application pursuant to § 56-235.5, for the incumbent local exchange telephone company, that does not regulate the earnings of either. In approving the form of regulation of the new entrant's local exchange services, the Commission shall do so in a manner that is equitable to the new entrant and the incumbent local exchange telephone company and in the public interest. In determining the appropriate form of regulation for the new entrant, the Commission shall: (i) consider whether the form of regulation reasonably protects the affordability of basic local exchange telephone service, as such service is defined by the Commission, and reasonably assures the continuation of quality local exchange telephone service; and (ii) find that such action will not unreasonably prejudice or disadvantage any class of telephone company customers or telephone service providers, including the new entrant and incumbent local exchange telephone company, and is in the public interest. In approving the appropriate form of regulation for the new entrant, the Commission may take such action as it deems appropriate in the public interest, with due consideration being given to the competitiveness of the services, including deregulation and detariffing the services. Nothing in this section shall be construed to deprive the Commission of its power to modify the form of regulation, after notice and an opportunity for hearing, if it finds that competition or the potential for competition no longer effectively regulates the price of a service. Except as provided for in this section and in subsection B of § 56-265.4:4, no other provision of law relating to the regulation of rates, charges, and regulation of local exchange telephone services shall apply to the provision of such services by new entrants.
1995, cc. 22, 35, 187; 2001, c. 75.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 15 - Telegraph and Telephone Companies › § 56-482. Agreements between telephone companies to be submitted to Commission

Upon demand of either party thereto or any person affected thereby all arrangements and agreements whatever between two or more telephone companies doing business in this Commonwealth, affecting or regulating the division of charges, earnings, or the manner of transmission of messages over their respective lines, or the physical connection between the lines of such companies, shall be submitted to the Commission for inspection insofar as they may affect the efficiency of the public service and the ability of the respective companies to best serve the public and be subject to its approval.
Code 1919, § 4053.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 15 - Telegraph and Telephone Companies › § 56-482.1. Reports required of interexchange telephone companies

Each interexchange telephone company shall provide to the Commission in a timely manner any report or information concerning its usage of local exchange telephone services and facilities required under the effective access charge tariffs or schedules of a local exchange telephone company. The Commission shall prescribe rules and regulations to effectuate the purpose of this section. The requirement to provide any reports pursuant to such rules and regulations, other than reports required by the Commission to calculate the special revenue tax imposed under § 58.1-2660, shall expire on December 31 of each year unless extended by an order of the Commission issued after notice and an opportunity for a hearing.
1984, c. 721; 2011, cc. 738, 740.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 15 - Telegraph and Telephone Companies › § 56-482.2. Penalties

Any interexchange company which willfully and knowingly fails to provide on time a report required by § 56-482.1 or willfully and knowingly understates the volume or type of use of service or facilities in such report shall be liable to the local exchange telephone company covered by such report. In the case of an unprovided report, the liability shall be two times the amount of the charges for the services and facilities as actually used. In the case of an understated report, the liability shall be for two times the difference between the charges for the services and facilities as actually used and the charges as computed on the basis of an understated report.
1984, c. 721.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 15 - Telegraph and Telephone Companies › § 56-483. Refusal or neglect to make reports; obstructing Commission in discharge of duties; violations in general

Every officer, agent or employee of any telephone company, who shall willfully neglect or refuse to make and furnish any report lawfully required by the Commission for the purposes of this chapter or who shall willfully or unlawfully delay or obstruct the Commission in the discharge of the duties imposed upon it by the Constitution or laws of this Commonwealth, or the rules, regulations and requirements of the Commission, connected with the objects and purposes of this chapter, shall be fined not exceeding $500 for each offense; and any telephone company which violates any of the provisions of this chapter or refuses to conform to or obey any lawful rule, order, regulation, or requirement of the Commission relating to the provisions of this chapter may, when not otherwise provided by law, be fined by the Commission in its discretion, in a sum not exceeding $10,000 for each offense and each day such company or corporation continues to violate any lawful rule, order or regulation prescribed by the Commission shall be a separate offense. Such penalty shall be imposed and enforced upon like proceedings and in like manner as are those prescribed for the violation of law or the rules and regulations of the Commission by transportation companies.
Code 1919, § 4057; 2000, c. 986.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 15 - Telegraph and Telephone Companies › § 56-484. Foreign companies to obtain license

Every telephone or telegraph company, not incorporated by the laws of this Commonwealth, shall, as a condition precedent to the enjoyment of any right or privilege granted by this chapter, first obtain from the Commission a license to do business in this Commonwealth, and pay the fees and taxes imposed by law for such license.
Code 1919, § 4036.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 15 - Telegraph and Telephone Companies › § 56-484.1. Definitions

The following terms, whenever used or referred to in this article, shall have the following meanings, unless a different meaning appears from the context:
A. "Commission" shall mean the State Corporation Commission.
B. "Exchange" shall mean a geographical area established for the administration of communication services and consisting of one or more central offices together with associated facilities used in providing telephone exchange service. Exchanges are identified in the tariffs of the telephone companies as filed with the Commission.
C. "Local service area" shall mean the entire area composed of an exchange or exchanges within which are located the telephones which a customer may call at the rates and charges specified for local exchange service in the tariffs of the telephone companies as filed with the Commission.
1976, c. 265.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 15 - Telegraph and Telephone Companies › § 56-484.3. Powers of Commission not restricted; rules and regulations

Nothing in this article shall restrict or alter the power of the Commission to change service areas on its own, on petition of any telephone company, or on petition of any subscriber. The Commission shall promulgate all rules and regulations necessary to implement the provisions of this chapter.
1976, c. 265.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 15 - Telegraph and Telephone Companies › § 56-484.7:2. Approval

The Commission shall find that it is in the public interest to approve the offering of qualifying communications services as defined in § 56-484.7:1 unless it shall be demonstrated to the Commission and found that, within the geographic area specified in the petition: (i) the qualifying communications service specified in the petition as provided for in § 56-484.7:1 is readily and generally in the specified geographic area available from each of three or more nonaffiliated companies and is functionally equivalent for consumers in that specified geographic area to one or more services offered by each of the three or more competitors; (ii) the petition is not in compliance with the requirements of § 56-484.7:1; or (iii) the offering of the proposed qualifying communications services will not benefit consumers.
1999, c. 916; 2002, cc. 479, 489; 2003, c. 711.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 15 - Telegraph and Telephone Companies › § 56-484.7:4. Revocation of Commission approval

The Commission may revoke its approval of a petition under § 56-484.7:1 no earlier than five years after such approval if it finds (i) that the factors described in § 56-484.7:2 on which the approval was based no longer exist or are no longer being satisfied, or (ii) that the petitioner has not made satisfactory progress toward making generally available the qualifying communications services specified in the petition. If the Commission finds that such approval should be revoked, it shall determine a date by which the county, city, town, electric commission or board, or authority shall cease to offer such qualifying communications services. In determining such date the Commission shall allow a reasonable time for the entity to offer its equipment, infrastructure and other assets related to such qualifying communications services for sale at fair market value, which shall be deemed to be no less than the amount of the indebtedness, for such equipment, infrastructure and other assets related to such qualifying communications services. The provisions of this section shall not apply to the use of telecommunications equipment and services for intragovernmental purposes as specified in § 15.2-1500.
2002, cc. 479, 489; 2003, c. 711.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 15 - Telegraph and Telephone Companies › § 56-484.13. 9-1-1 Services Board; membership; terms; compensation

A. The E-911 Services Board, formerly the Wireless E-911 Services Board, is hereby continued as the 9-1-1 Services Board. The Board shall exercise the powers and duties conferred in this article.
B. The 9-1-1 Services Board shall:
1. Support and assist PSAPs in the provision of 9-1-1 operations and services, including through provision of funding and development of best practices;
2. Plan, promote, and assist in the statewide development, deployment, and maintenance of an emergency services IP network that will support future 9-1-1 and other public safety applications and technologies; and
3. Consult and coordinate with PSAPs, state and local public bodies in the Commonwealth, public bodies in other states, CMRS providers, VoIP service providers affiliated with cable companies, and other entities as needed in the exercise of the Board's powers and duties.
C. The Board shall consist of 16 members as follows: the Director of the Virginia Department of Emergency Management, who shall serve as chairman of the Board; the Comptroller, who shall serve as the treasurer of the Board; the Chief Information Officer; and the following 13 members to be appointed by the Governor: one member representing the Virginia State Police; one member representing a local exchange carrier providing E-911 service in Virginia; one member representing VoIP service providers affiliated with cable companies and authorized to transact business in Virginia; two members representing wireless service providers authorized to do business in Virginia; three county, city, or town PSAP directors or managers representing diverse regions of Virginia; one Virginia sheriff; one chief of police; one fire chief; one emergency medical services manager; and one finance officer of a county, city, or town.
D. The Commonwealth Interoperability Coordinator shall serve as an advisor to the Board in the exercise of the powers and duties conferred in this article so as to ensure, among other matters, that enhanced wireless emergency telecommunications services and technologies are compliant with the statewide interoperability strategic plan.
E. All members appointed by the Governor shall serve five-year terms. The CIO and the Comptroller shall serve terms coincident with their terms of office. No gubernatorial appointee shall serve more than two consecutive terms.
F. A majority of the Board shall constitute a quorum. The Board shall meet at least quarterly or at the call of its chairman.
G. Members of the Board shall serve without compensation; however, members of the Board shall be reimbursed for expenses as provided in §§ 2.2-2813 through 2.2-2826.
H. The Division shall provide staff support to the Board. The Division of Public Safety Communications created in § 44-146.18:5 and the Virginia Department of Transportation shall provide such technical advice as the Board requires.
2000, c. 1064; 2003, cc. 981, 1021; 2006, c. 739; 2009, c. 613; 2011, c. 138; 2012, c. 36; 2016, c. 361; 2020, c. 423.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 15 - Telegraph and Telephone Companies › § 56-484.18. Designation of official State Police access number; blocking caller identification prohibited

A. Telephone number #77 is hereby designated as an official access number for wireless telephone usage in the Commonwealth for access to designated offices of the Department of State Police and shall be used solely for official business.
B. No caller shall block caller identification or other essential information on calls made to telephone number #77. Where technically feasible, wireline and wireless telephone providers shall provide calling party number identification for all wireless #77 calls. Any communications services provider, as defined in § 58.1-647, including mobile service, in this Commonwealth shall not be liable for any civil damages for any act or omission resulting from rendering such service with or without charge related to #77 calls unless such act or omission was the result of such service provider's gross negligence or willful misconduct.
2000, c. 771; 2006, c. 780.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 15 - Telegraph and Telephone Companies › § 56-484.21. Instructions for emergency calling

Commencing July 1, 2009, the MLTS provider of any multiline telephone system shall either (i) demonstrate or provide written instructions to each new user of the MLTS how to place an emergency call from a telephone station or (ii) provide written instructions at each telephone station that inform an individual how to place an emergency call from the telephone station. Written instructions provided to a new user or provided at a telephone station shall include the telephone station's street address and such additional information regarding the location of the telephone station that is sufficiently specific to permit an emergency responder with the information to locate the telephone station.
2007, c. 427.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 15 - Telegraph and Telephone Companies › § 56-484.22. Access to PSAPs from telephone stations on MLTS

Commencing July 1, 2009, the MLTS provider of any multiline telephone system shall maintain and operate the MLTS in such manner that a telephone call made by dialing the digits "9-1-1" and, if applicable, any additional digit or digits that must be dialed in order to permit the user to access the public switched telephone network, from any telephone on the MLTS is routed to a PSAP.
2007, c. 427.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 15 - Telegraph and Telephone Companies › § 56-484.23. Provision of emergency call information

A. The MLTS provider of any multiline telephone system that is acquired or installed on or after July 1, 2009, commencing on the date of its installation, shall maintain and operate the MLTS in a manner that ensures that each emergency call placed from any telephone station on the MLTS provides either (i) calling party information to the 9-1-1 network that connects to the PSAP or (ii) an alternative method of providing call location information.
B. Notwithstanding the requirements of subsection A, the MLTS provider of any multiline telephone system using portable VoIP services that is acquired or installed on or after July 1, 2009, commencing on the date of its installation, shall make all reasonable efforts to maintain and operate the MLTS in a manner that ensures that each emergency call placed from any telephone station on the MLTS provides either: (i) calling party information to the 9-1-1 network that connects to the PSAP or (ii) an alternative method of providing call location information.
C. The MLTS provider shall arrange to update the automatic location identification database with appropriate master street address guide, valid address and callback information corresponding to the calling party information for each telephone station. Such updates shall be provided as soon as practicable for new MLTS installations or within one business day of record completion of the actual changes for previously installed systems. When an MLTS provider obtains service through a MLTS service provider, the MLTS service provider shall be responsible for meeting this requirement.
2007, c. 427; 2008, c. 853.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 15 - Telegraph and Telephone Companies › § 56-484.24. Liability

A. An MLTS provider, its employees or agents shall not be liable to any person for damages incurred as a result of any act or omission by it, except gross negligence or intentional, willful or wanton misconduct, in connection with maintaining or operating the MLTS in a manner required by this article.
B. A telecommunications service provider, its employees or agents shall not be liable to any person for damages incurred as the result of the release of information not in the public record, including, but not limited to, unpublished or unlisted telephone numbers, to a PSAP, its employees or agents, or to emergency responders, made in connection with an emergency call.
2007, c. 427.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 15 - Telegraph and Telephone Companies › § 56-484.25. Exemption for certain counties

Notwithstanding any provision of this article to the contrary, the provisions of §§ 56-484.22 and 56-484.23 shall not apply with respect to any multiline telephone system located in a county that is not served by an enhanced 9-1-1 service system, until the later to occur of (i) 120 days after the date an enhanced 9-1-1 service system for the county commences operating or (ii) July 1, 2009.
2007, c. 427.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 15.1 - Wireless Communications Infrastructure › § 56-484.27. Access to the public rights-of-way by wireless services providers and wireless infrastructure providers; generally

A. No locality or the Department shall impose on wireless services providers or wireless infrastructure providers any restrictions or requirements concerning the use of the public rights-of-way, including the permitting process, the zoning process, notice, time and location of excavations and repair work, enforcement of the statewide building code, and inspections, that are unfair, unreasonable, or discriminatory.
B. No locality or the Department shall require a wireless services provider or wireless infrastructure provider to provide in-kind services or physical assets as a condition of consent to use public rights-of-way or easements. This shall not limit the ability of localities, their authorities or commissions that provide utility services, or the Department to enter into voluntary pole attachment, tower occupancy, conduit occupancy, or conduit construction agreements with wireless services providers or wireless infrastructure providers.
C. No locality or the Department shall adopt a moratorium on considering requests for access to the public rights-of-way from wireless services providers or wireless infrastructure providers.
2017, c. 835.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 15.1 - Wireless Communications Infrastructure › § 56-484.30. Agreements for use of public right-of-way to construct new wireless support structures; relocation of wireless support structures

Subject to any applicable requirements of Article VII, Section 9 of the Constitution of Virginia, public right-of-way permits or agreements for the construction of wireless support structures issued on or after July 1, 2017, shall be for an initial term of at least 10 years, with at least three options for renewal for terms of five years, subject to terms providing for earlier termination for cause or by mutual agreement. Nothing herein is intended to prohibit the Department or localities from requiring permittees to relocate wireless support structures when relocation is necessary due to a transportation project, the need to remove a hazard from the right-of-way when the Commissioner of Highways determines such removal is necessary to ensure the safety of the traveling public, or material change to the right-of-way, so long as other users of the right-of-way that are in similar conflict with the use of the right-of-way are required to relocate. Such relocation shall be completed as soon as reasonably possible within the time set forth in any written request by the Department or a locality for such relocation, as long as the Department or a locality provides the permittee with a minimum of 180 days' advance written notice to comply with such relocation, unless circumstances beyond the control of the Department or the locality require a shorter period of advance notice. The permittee shall bear only the proportional cost of the relocation that is caused by the transportation project and shall not bear any cost related to private benefit or where the permittee was on private right-of-way. If the locality or the Department bears any of the cost of the relocation, the permittee shall not be obligated to commence the relocation until it receives the funds for such relocation. The permittee shall have no liability for any delays caused by a failure to receive funds for the cost of such relocation, and the Department or a locality shall have no obligation to collect such funds. If relocation is deemed necessary, the Department or locality shall work cooperatively with the permittee to minimize any negative impact to the wireless signal caused by the relocation. There may be emergencies when relocation is required to commence in an expedited manner, and in such situations the permittee and the locality or Department shall work diligently to accomplish such emergency relocation.
2017, c. 835.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 15.1 - Wireless Communications Infrastructure › § 56-484.32. Wireless support structure public rights-of-way use fee

A. Notwithstanding any other provisions of law, there is hereby established an annual wireless support structure public rights-of-way use fee to replace any and all fees of general application, except for permit processing, zoning, subdivision, site plan, and comprehensive plan fees of general application, otherwise chargeable to wireless services providers and wireless infrastructure providers in connection with a permit for occupation and use of the public rights-of-way under the jurisdiction of the Department for the construction of new wireless support structures.
B. The amount of the annual wireless support structure public rights-of-way use fee shall be:
1. $1,000 for any wireless support structure at or below 50 feet in height;
2. $3,000 for any wireless support structure above 50 feet and at or below 120 feet in height;
3. $5,000 for any wireless support structure above 120 feet in height; and
4. $1 per square foot for any other equipment, shelter, or associated facilities constructed on the ground.
The fee amount specified in this subsection shall be adjusted every five years, as of January 1 of that year, in an amount equal to the annual increases for that five-year period in the United States Average Consumer Price Index for all items, all urban consumers (CPI-U), as published by the Bureau of Labor Statistics of the U.S. Department of Labor, rounded to the nearest whole dollar.
C. No later than June 30 of each year, the wireless services provider or wireless infrastructure provider shall remit directly to the Department any fees owed pursuant to this section. Such fees shall be deposited in the Highway Maintenance and Operating Fund established pursuant to § 33.2-1530.
D. The Department may elect to continue enforcing any agreement, contract, license, easement, or permit allowing the use of the public rights-of-way by a wireless services provider or wireless infrastructure provider existing prior to July 1, 2018, through and until expiration of the current term of the agreement, contract, license, easement, or permit.
2018, cc. 837, 848.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 16 - Telephone Cooperatives Act › § 56-486. Who may form cooperative; purpose

Any number of natural persons not less than five may, by executing, filing and recording a certificate as hereinafter set forth, form a cooperative, either with or without capital stock, not organized for pecuniary profit, for the purpose of promoting and encouraging the fullest possible use of telephone service by making telephone service and facilities available at the lowest cost consistent with sound economy and prudent management of the business of such cooperatives.
1950, p. 588; 1956, c. 434.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 16 - Telephone Cooperatives Act › § 56-487. Definitions

The following terms, whenever used or referred to in this chapter, shall have the following meanings, unless a different meaning appears from the context:
(1) "Cooperative" shall mean a telephone corporation formed under this chapter.
(2) "Municipality" shall mean any city or incorporated town of the Commonwealth.
(3) "Person" shall mean and include natural persons, firms, associations, cooperatives, corporations, business trusts, partnerships and bodies politic.
(4) "Telephone service" shall mean and include service over wire or cable lines, including voice carrier, service by voice carrier system over electric distribution and transmission lines, service over radio circuits, and any other service involving the transmission of voice, video or data between fixed points.
(5) "Acquire" shall mean and include construct, acquire by purchase, lease, devise, gift or the exercise of the power of eminent domain, or other mode of acquisition.
(6) "System" shall mean and include any plant, works, system, facilities, or properties, or any part or parts thereof, together with all appurtenances thereto, used or useful in connection with the transmission of voice, video or data.
(7) "Obligations" shall mean and include bonds, interim certificates or receipts, notes, debentures, and all other evidences of indebtedness either issued or the payment thereof assumed by a cooperative.
(8) "Federal agency" shall mean and include the United States of America, the President of the United States of America, and any and all other authorities, agencies, and instrumentalities of the United States of America, heretofore or hereafter created.
(9) "Improve" shall mean and include construct, reconstruct, improve, replace, extend, enlarge, alter, better or repair.
(10) "Board" shall mean the board of directors of a cooperative formed under this chapter.
(11) "Member" shall mean and include each person admitted to membership in the cooperative pursuant to law or its bylaws.
1950, p. 588; 1956, c. 434; 1996, c. 708.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 16 - Telephone Cooperatives Act › § 56-488. Certificate of incorporation

The certificate of incorporation shall be entitled and endorsed "Certificate of Incorporation of the........ Telephone Co-operative" (the blank space being filled in with the distinguishing part of the name of the cooperative) and shall state:
(1) The name of the cooperative, which name need not contain the word "corporation" or "incorporated" but shall be such as to distinguish it from any other cooperative.
(2) A reasonable designation of the territory in which its operations are principally to be conducted.
(3) The location of its principal office and post-office address thereof.
(4) The maximum number of directors, not less than five.
(5) The names and post-office addresses of the officers and directors who are to manage the affairs of the cooperative for the first year of its existence, or until their successors are chosen.
(6) The period, if any, limited for the duration of the cooperative.
(7) The terms and conditions upon which persons shall be admitted to membership in the cooperative, and in the case of a cooperative incorporating with capital stock a statement of the maximum and minimum amount of the capital stock of the cooperative, and its division into shares.
The certificate of incorporation may also contain any provision not inconsistent with Title 13.1 which the incorporators may choose to insert for the regulation of the business and the conduct of the affairs of the cooperative; and any provision as to the plan of financial organization, or relating to the internal regulation or government of the cooperative, its directors and members.
1950, p. 589; 1956, c. 434.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.