reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 31G. Broadband Enhancement and Expansion Policies › Article 1A. Office of Broadband › §31G-1A-5. Protection of Proprietary Business Information

(a) Broadband deployment information provided to the Office of Broadband or its consultants and other agents, including, but not limited to, physical plant locations, subscriber levels, and market penetration data, constitutes proprietary business information and, along with any other information that constitutes trade secrets, shall be exempt from disclosure under the provisions of 29B-1-1
et seq
. of this code:
Provided
, That the information is identified as or would reasonably be contemplated to be confidential information when submitted to the Office of Broadband.
(b) Trade secrets or proprietary business information obtained by the council or the Office of Broadband from broadband providers and other persons or entities shall be secured and safeguarded by the state. Such information or data shall not be disclosed to the public or to any firm, individual, or agency other than officials or authorized persons of the state.
(c) The official charged with securing and safeguarding trade secrets and proprietary data for the Office of Broadband is the Secretary of Economic Development, who is authorized to establish and administer appropriate security measures.
2023 West Virginia Code › Chapter 31G. Broadband Enhancement and Expansion Policies › Article 1A. Office of Broadband › §31G-1A-7. Broadband Development Fund

(a) The Broadband Development Fund is hereby created in the State Treasury. The fund shall be administered by the Secretary of the Department of Economic Development and shall consist of all moneys made available for the purposes of this article from any source, including, but not limited to, all gifts, grants, bequests or transfers from any source, any moneys that may be appropriated to the fund by the Legislature, and all interest or other return earned from investment of the fund. Expenditures from the fund shall be for the purposes set forth in subsection (b) of this section and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of 12-3-1
et seq
. of this code and upon the fulfillment of the provisions set forth in 11B-2-1
et seq
. of this code:
Provided
, That for the fiscal year ending June 30, 2022, expenditures are authorized from collections rather than pursuant to an explicit appropriation by the Legislature. Any balance, including accrued interest and other returns, remaining in the fund at the end of each fiscal year shall not revert to the General Revenue Fund but shall remain in the fund and be expended as provided by this section.
(b) Monies of the Broadband Development Fund may only be expended for the following purposes:
(1) Expenses for the administration of the Office of Broadband;
(2) Line extension advancement and development projects, including expansion of existing fiber and cable networks;
(3) Major broadband project strategies, including new networks or major expansions of existing networks;
(4) GigReady incentive projects, including a state incentive for ISP and local governments and organizations to pool some of their federal American Rescue Plan Act allocations or other local funding;
And
(5) Wireless Internet Networks, including expansions or upgrades of existing fixed wireless networks.
(c) Except funds expended for the administration of the Office of Broadband, monies of the Broadband Development Fund may only be expended for projects authorized by subsection (b) of this section that have been certified to the Joint Committee on Government and Finance by the Director of the Office of Broadband or the Secretary of the Department of Economic Development prior to making the expenditures.
2023 West Virginia Code › Chapter 31G. Broadband Enhancement and Expansion Policies › Article 2. Cooperative Associations › §31G-2-1. Definitions

As used in this article:
(1) “Cooperative association” or “association” means any corporation organized under this article. Each association shall also comply with the requisite business corporation provisions of chapter thirty-one-d or thirty-one-f of this code, or the nonprofit corporation provisions of chapter thirty-one-e of this code.
(2) “Internet services” means providing access to, and presence on, the internet and other services. Data may be transmitted using several technologies, including dial-up, DSL, cable modem, wireless, or dedicated high-speed interconnects.
(3) “Member” means a member of an association without capital stock and a holder of common stock in an association organized with capital stock.
(4) “Qualified person” means a person who is engaged in the use of internet services, either in an individual capacity, as a political subdivision of this state, or as a business.
(5) “Qualified activity” means using internet services.
2023 West Virginia Code › Chapter 31G. Broadband Enhancement and Expansion Policies › Article 2. Cooperative Associations › §31G-2-3. Legislative Findings and Purposes

(a) It is the finding of the Legislature that:
(1) West Virginia’s cities, towns, and other concentrated population areas, areas of the state, mostly rural, remain unserved or underserved by broadband access; and
(2) The lack of affordable, accessible broadband service in the underserved and unserved areas in this state necessitates consideration of alternative means and methods of providing internet services.
(b) It is the purpose of this article that individuals and businesses be able to form cooperative associations for the purpose of obtaining internet services within their respective regions and communities.
2023 West Virginia Code › Chapter 31G. Broadband Enhancement and Expansion Policies › Article 2. Cooperative Associations › §31G-2-4. Powers

(a) A cooperative association shall have the following powers:
(1) To engage in any qualified activity in connection with any internet service; or any activity in connection with the purchase, providing or use by its members of internet services; or in the financing, directly, through the association of any qualified activities. All transactions with nonmembers shall be on terms fixed by the association and nonmembers shall not otherwise participate in any benefits derived from such transactions;
(2) To borrow money without limitation as to amount of corporate indebtedness or liability, and to make advance payments and advances to members; to execute, issue, draw, make, accept, endorse and guarantee, without limitation, promissory notes, bills of exchange, drafts, warrants, certificates, mortgages, and any other form of obligation or negotiable or transferable bills of any kind; to become the surety, guarantor, maker, and/or endorser for accommodation or otherwise of bills, notes, securities and other evidences of debt of any association or person, anything in any other statutes or law of this state to the contrary notwithstanding;
(3) To act as the agent or representative of any member or members in any of the above-mentioned activities;
(4) To purchase or otherwise acquire, and to hold, own and exercise all rights of ownership in, and to sell, transfer or pledge, or guarantee the payment of dividends or interest on, or the retirement or redemption of, shares of the capital stock or bonds of any corporation or association engaged in any related activity or in the providing and marketing of any of the products handled by the association;
(5) To establish reserves and to invest the funds thereof in bonds or in such other property as may be provided in the bylaws;
(6) To buy, hold and exercise all privileges of ownership over real or personal property as may be necessary or convenient for the conduct and operation of any of the business of the association, or incidental thereto;
(7) To establish, secure, own and develop patents, trademarks and copyrights; and
(8) To do each and every thing necessary, suitable, or proper for the accomplishment of any one of the purposes or the attainment of any one or more of the subjects herein enumerated, or conducive to or not contrary to the interest or benefit of the association; and to contract accordingly; and, in addition, to exercise and possess all powers, rights and privileges necessary or incidental to the purposes for which the association is organized or to the activities in which it is engaged, and any other rights, powers, and privileges granted by the laws of this state to ordinary corporations, except such as are inconsistent with the purposes of this article.
2023 West Virginia Code › Chapter 31G. Broadband Enhancement and Expansion Policies › Article 2. Cooperative Associations › §31G-2-5. Members

(a) Under the terms and conditions prescribed in the bylaws adopted by it, a cooperative association may admit as members, or issue common stock to, only qualified persons.
(b) If a member of a nonstock association be other than a natural person, the member may be represented by an individual, associate, officer or manager or member thereof, duly authorized in writing.
(c) One association organized hereunder may become a member or stockholder of any other association or associations organized under this article or similar laws of any state.
2023 West Virginia Code › Chapter 31G. Broadband Enhancement and Expansion Policies › Article 2. Cooperative Associations › §31G-2-6. Articles of Incorporation

Each association formed under this article shall prepare and file articles of incorporation, setting forth:
(1) The name of the association, which shall include the words “cooperative,” “co-operative,” or “co-op,” and words or abbreviations designating a corporation;
(2) The purposes for which it is formed;
(3) The place where its principal business will be transacted;
(4) The period, if any prescribed, for the duration of the corporation;
(5) The number of incorporators which is not less than twenty, the number of directors which is not less than twenty and any number in excess of those minimums, or it may be set forth that the number of directors will be fixed by the bylaws;
(6) If organized without capital stock, whether the property rights and interest of each member are equal or unequal; and if unequal, the general rules applicable to the classes of members whose property rights and interest are determined and fixed; and provision for the admission of new members who may be entitled to share in the property of the association with the old members, in accordance with the general rules. This provision of the articles of incorporation may not be altered, amended or repealed except by the written consent or vote of three fourths of the members;
(7) If organized with capital stock and authorized to issue only one class of stock, the total number of shares of stock which the association has authority to issue, including: (A) The par value of each of the shares; or (B) a statement that all the shares are to be without par value;
(8) If the association is authorized to issue more than one class of stock, the total number of shares of all classes of stock which the association may issue, including: (A) The number of shares of each class that have a par value and the par value of each share by class; (B) the number of shares that are to be without par value; and (C) a statement of the powers, preferences, rights, qualifications, limitations or restrictions that are permitted by section thirteen of this article in respect to a class of stock fixed by the articles of incorporation or by resolution of the board of directors;
(9) The articles shall be signed and filed in accordance with the provisions of the business or nonprofit corporation laws of this state; and
(10) The articles may also contain any provisions managing, defining, limiting or regulating the powers and affairs of the association, the directors, the stockholders or members of the association.
2023 West Virginia Code › Chapter 31G. Broadband Enhancement and Expansion Policies › Article 2. Cooperative Associations › §31G-2-7. Amendments to Articles of Incorporation

The articles of incorporation may be altered or amended at any regular meeting or any special meeting called for that purpose. An amendment must first be approved by two thirds of the directors and then adopted by a vote representing a majority of all the members of the association. Amendments to the articles of incorporation, when so adopted, shall be filed in accordance with the provisions of the general corporation laws of this state.
2023 West Virginia Code › Chapter 31G. Broadband Enhancement and Expansion Policies › Article 2. Cooperative Associations › §31G-2-8. Bylaws

Each association incorporated under this article, must, within thirty days after its incorporation, adopt for its government and management a code of bylaws, not inconsistent with the powers granted by this article. A majority vote of the members or stockholders, or their written assent, is necessary to adopt such bylaws. Each association, under its bylaws, may provide for any or all of the following matters:
(1) The time, place and manner of calling and conducting its meetings;
(2) The number of stockholders or members constituting a quorum;
(3) The right of members or stockholders to vote by proxy or by mail or both; and the conditions, manner, form, and effect of such votes;
(4) The number of directors constituting a quorum; and, if authority therefor is given in the articles of incorporation, the total number of directors;
(5) The qualifications, compensation, duties and term of office of directors and officers; time of their election and the mode and manner of giving notice thereof;
(6) Penalties for violation of the bylaws;
(7) The amount of entrance, organization and membership fees, if any; the manner and method of collecting the same; and the purposes for which they may be used;
(8) The amount which each member or stockholder shall be required to pay annually or from time to time, if at all, to carry on the business of the association; the charge, if any, to be paid by each member or stockholder for services rendered by the association to him or her and the time of payment and the manner of collection; and the marketing contract between the association and its members or stockholders which every member or stockholder may be required to sign; and
(9) The number and qualifications of members or stockholders of the association and the conditions precedent to membership or ownership of common stock; the method, time and manner of permitting members to withdraw or the holders of common stock to transfer their stock; the manner of assignment and transfer of the interest of members and of the shares of common stock; the conditions upon which and time when membership of any member shall cease; the automatic suspension of the rights of a member when he or she ceases to be eligible to membership in the association; the mode, manner and effect of the expulsion of a member; the manner of determining the value of a member’s interest, and provision for its purchase by the association, at its option, upon the death or withdrawal of a member or stockholder, or upon the expulsion of a member or forfeiture of his or her membership, or, at the option of the association, the purchase at a price fixed by conclusive appraisal by the board of directors, or at the election of the board, such property interests may be sold at public auction to the association itself, or to any person eligible to membership in such association and the proceeds of such sale paid over to the personal representative of such deceased member, or to the member withdrawing or expelled, as the case may be.
2023 West Virginia Code › Chapter 31G. Broadband Enhancement and Expansion Policies › Article 2. Cooperative Associations › §31G-2-9. General and Special Meetings

In its bylaws, each association shall provide for one or more regular meetings annually. The board of directors shall have the right to call a special meeting at any time; and ten percent of the members or stockholders may file a petition stating the specific business to be brought before the association and demand a special meeting at any time. Such meeting must thereupon be called by the directors. Notice of all meetings, together with a statement of the purposes thereof, shall be mailed to each member at least ten days prior to the meeting: Provided, That the bylaws may require instead that such notice may be given as provided by this section, namely, as a Class I legal advertisement in compliance with the provisions of article three, chapter fifty- nine of this code, and the publication area for such publication shall be the county in which the principal place of business of the association is located.
2023 West Virginia Code › Chapter 31G. Broadband Enhancement and Expansion Policies › Article 2. Cooperative Associations › §31G-2-10. Directors

(a) The affairs of the association shall be managed by a board of not less than three directors, elected by the members or stockholders.
(b) The bylaws may provide that the territory in which the association has members shall be divided into districts and that the directors be elected either directly or by district delegates elected by the members in that district. The bylaws shall specify the number of directors to be elected by each district, the manner of reapportioning the directors and the method of redistricting the territory covered by the association. The bylaws may provide that primary elections shall be held in each district to elect the directors apportioned to the districts and that the results of all the primary elections may be ratified during the next regular meeting of the association or may be considered final.
(c) The bylaws may provide that one or more directors may be appointed by a public official, commission or by the other directors. These public directors shall represent the interest of the general public in the associations. The public directors need not be members or stockholders of the association, but shall have the same powers and rights as other directors. The directors shall not number more than one fifth of the entire number of directors.
(d) An association may provide a fair remuneration for the time actually spent by its officers and directors in its service and for the service of the members of its executive committee. No director, during the term of his or her office, shall be a party to a contract for profit with the association differing from the contractual terms accorded regular members or holders of common stock of the association.
(e) The bylaws may provide that no director, except the president and secretary, shall occupy a position in the association on regular salary or substantially full-time pay.
(f) The bylaws may provide for an executive committee and may allot to the committee all the functions and powers of the board of directors, subject to the general direction and control of the board.
(g) When a vacancy on the board of directors occurs other than by expiration of term, the remaining members of the board, by a majority vote, shall fill the vacancy, unless the bylaws provide for an election of directors by district. In that case the board of directors shall immediately call a special meeting of the members or stockholders in that district to fill the vacancy.
2023 West Virginia Code › Chapter 31G. Broadband Enhancement and Expansion Policies › Article 2. Cooperative Associations › §31G-2-11. Officers

The directors shall elect from their 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 of the association; and they may combine the two latter offices and designate the combined office as secretary-treasurer; or unite both functions and titles in one person. The treasurer may be a bank or any depository, and, as such, shall not be considered an officer, but as a function of the board of directors. In such case, the secretary shall perform the usual accounting duties of the treasurer, except that the funds shall be deposited only as and where authorized by the board of directors.
2023 West Virginia Code › Chapter 31G. Broadband Enhancement and Expansion Policies › Article 2. Cooperative Associations › §31G-2-14. Removal of Officer or Director

(a) Any member may bring charges against an officer or director by filing them in writing with the secretary of the association, together with a petition signed by five percent of the members, requesting the removal of the officer or director in question. The removal shall be voted upon at the next regular or special meeting of the association and, by a vote of a majority of the members, the association may remove the officer or director and fill the vacancy. The director or officer against whom such charges have been brought shall be informed in writing of the charges previous to the meeting and shall have an opportunity at the meeting to be heard in person or by counsel and to present witnesses; and the person or persons bringing the charges against him or her shall have the same opportunity.
(b) In case the bylaws provide for election of directors by districts with primary elections in each district, then the petition for removal of a director must be signed by twenty percent of the members residing in the district from which he or she was elected. The board of directors must call a special meeting of the members residing in that district to consider the removal of the director; and by a vote of the majority of the members of that district the director in question shall be removed from office.
2023 West Virginia Code › Chapter 31G. Broadband Enhancement and Expansion Policies › Article 2. Cooperative Associations › §31G-2-15. Referendum

Upon demand of one third of the entire board of directors, made immediately and so recorded, at the same meeting at which the original motion was passed, any matter of policy that has been approved or passed by the board must be referred to the entire membership or the stockholders for decision at the next special or regular meeting; and a special meeting may be called for the purpose.
2023 West Virginia Code › Chapter 31G. Broadband Enhancement and Expansion Policies › Article 2. Cooperative Associations › §31G-2-16. Marketing Contract

The association and its members may take and execute marketing contracts, requiring the members, for any period of time not over five years, to use, receive or provide all or any specified part of an internet service exclusively to or through the association, or any facilities to be created by the association. If they contract a sale to the association, it shall be conclusively held that title to the products, goods and services passes absolutely and unreservedly, except for recorded liens, to the association upon delivery, or at any other specified time if expressly and definitely agreed in such contract. The contract may provide, among other things, that the association may sell or resell the products, goods and services delivered by its members, with or without taking title thereto, and pay over to its members the resale price, after deducting all necessary selling, overhead and other costs and expenses, including interest or dividends on stock, not exceeding eight percent per annum, and reserves for retiring the stock, if any; and any other proper reserves; or any other deductions.
2023 West Virginia Code › Chapter 31G. Broadband Enhancement and Expansion Policies › Article 2. Cooperative Associations › §31G-2-17. Remedies for Breach of Contract

The bylaws or the marketing contract may fix, as liquidated damages, specific sums to be paid by the member or stockholder to the association upon the breach by him or her of any provision of the marketing contract regarding the sale or delivery or withholding of internet services, and may further provide that the member will pay all costs, premiums for bonds, expenses and fees, in case the association shall prevail in any action brought by it upon the contract; and any such provisions shall be valid and enforceable in the courts of this state; and such clauses providing for liquidated damages shall be enforceable as such and shall not be regarded as penalties.
In the event of any such breach or threatened breach of such marketing contract by a member, the association shall be entitled to an injunction to prevent the further breach of the contract and to a decree of specific performance thereof. Pending the adjudication of such an action and upon filing a verified complaint showing the breach or threatened breach, and upon filing a sufficient bond, the association may be entitled to a temporary restraining order and preliminary injunction against the member.
In any action upon such marketing agreement, it shall be presumed as between the parties that the landowner, landlord or lessor claiming therein so to be is able to control the delivery of internet services produced on his or her land by tenants or others, whose tenancy or possession or work on such land or the terms of whose tenancy or possession or labor thereon were created or changed after execution by the landowner, landlord or lessor of such marketing agreement; and in such actions the foregoing remedies for nondelivery or breach shall lie and be enforceable against such landowner, landlord or lessor.
2023 West Virginia Code › Chapter 31G. Broadband Enhancement and Expansion Policies › Article 2. Cooperative Associations › §31G-2-18. Purchasing Property of Other Associations, Persons, Firms or Corporations

Whenever an association, organized under this article with preferred capital stock, shall purchase the stock of any property, or any interest in any property, or any person, firm or corporation or association, it may discharge the obligations so incurred, wholly or in part, by exchanging for the acquired interest shares of its preferred capital stock to an amount which at par value would equal the fair market value of the stock or interest so purchased, as determined by the board of directors. In that case the transfer to the association of the stock or interest purchased shall be equivalent to payment in cash for the shares of stock issued.
2023 West Virginia Code › Chapter 31G. Broadband Enhancement and Expansion Policies › Article 2. Cooperative Associations › §31G-2-22. Contracts and Agreements With Other Associations

Any association may, upon resolution adopted by its board of directors, enter into all necessary and proper contracts and agreements and make all necessary and proper stipulations, agreements and contracts and arrangements with any other cooperative corporation, association or associations, formed in this or in any other state, for the cooperative and more economical carrying on of its business or any part or parts thereof. Any two or more associations may, by agreement between them, unite in employing and using, or may separately employ and use, the same personnel, methods, means and agencies for carrying on and conducting their respective business.
2023 West Virginia Code › Chapter 31G. Broadband Enhancement and Expansion Policies › Article 2. Cooperative Associations › §31G-2-23. Rights and Remedies Apply to Similar Associations of Other States

Any corporation or association heretofore or hereafter organized under generally similar laws of another state shall be allowed to carry on any proper activities, operations and functions in this state upon compliance with the general regulations applicable to foreign corporations desiring to do business in this state, and all contracts made by or with such associations, which could be made by any association incorporated hereunder, shall be legal and valid and enforceable in this state with all of the remedies set forth in this article.
2023 West Virginia Code › Chapter 31G. Broadband Enhancement and Expansion Policies › Article 2. Cooperative Associations › §31G-2-24. Associations Heretofore Organized May Adopt Provisions of Article

Any corporation or association organized in this state under previously existing statutes may, by a majority vote of its stockholders or members, be brought under the provisions of this article by limiting its membership and adopting the other restrictions as provided herein. It shall make out in duplicate a statement signed and sworn to by its directors to the effect that the corporation or association has, by a majority vote of the stockholders or members, decided to accept the benefits and be bound by the provisions of this article and has authorized all changes accordingly. Articles of incorporation shall be filed as required in section six of this article, except that they shall be signed by the members of the then board of directors. The filing fee shall be the same as for filing an amendment to articles of incorporation.
Where any association may be incorporated under this article, all contracts made prior to the date of incorporation, by or on behalf of such association by the promoters thereof in anticipation of its becoming incorporated under the laws of this state, whether or not such contracts be made by or in the name of some corporation organized elsewhere, and when they would have been valid if entered into subsequent to such date, shall be held valid as if made after such date.
2023 West Virginia Code › Chapter 31G. Broadband Enhancement and Expansion Policies › Article 2. Cooperative Associations › §31G-2-25. Liability as to Delivery of Products in Violation of Marketing Agreements

Any person who solicits, persuades or permits any member of any association organized hereunder to breach his or her marketing contract with the association or one association with another, by accepting or receiving such member’s products for sale or for auction or for display for sale, contrary to the terms of any marketing agreement of which such person has knowledge or notice, shall be liable to the association aggrieved in a civil suit for damages therefor. Courts of equity shall have jurisdiction to enjoin further breaches of such contract.
2023 West Virginia Code › Chapter 31G. Broadband Enhancement and Expansion Policies › Article 2. Cooperative Associations › §31G-2-26. Associations to Be Deemed Not in Restraint of Trade

No association organized under this article and complying with the terms thereof shall be deemed to be a conspiracy or a combination in restraint of trade or an illegal monopoly or an attempt to lessen competition or to fix prices arbitrarily; nor shall the marketing contract and agreements between the association and its members or any agreements authorized in this article be considered illegal as such or in unlawful restraint of trade or as part of a conspiracy or combination to accomplish an improper or illegal purpose.
2023 West Virginia Code › Chapter 31G. Broadband Enhancement and Expansion Policies › Article 2. Cooperative Associations › §31G-2-27. Application of Business Corporation Laws; Nonprofit Corporation Laws

The provisions of the business corporation laws in chapter thirty-one-d or the nonprofit corporation laws in chapter thirty-one-e of this code and all powers and rights thereunder shall apply to the associations organized under this article and may be used by them, except when the provisions are in conflict with or inconsistent with the express provisions of this article.
2023 West Virginia Code › Chapter 31G. Broadband Enhancement and Expansion Policies › Article 3. Conduit Installation; Microtrenching › §31G-3-1. Definitions

“Microtrenching” means a technique of deploying cables, including specifically for broadband networks, using a cutting wheel to cut a trench with smaller dimensions than can be achieved with conventional trench digging equipment; with the trench dimensions being no greater than three inches in width, and a depth between one and two feet.
2023 West Virginia Code › Chapter 31G. Broadband Enhancement and Expansion Policies › Article 3. Conduit Installation; Microtrenching › §31G-3-2. Microtrenching Permitted; Notification

(a) A person may perform microtrenching, where such is feasible, to the extent allowed by a permit issued by the appropriate municipality, county or state agency. All microtrenching work performed must be in accordance with the National Electrical Safety Code and other generally accepted safety codes.
(b) A person must install conduit in a way that will readily permit another owner to add length to the microtrenching by connecting its own conduit to the first owner’s conduit. Where an owner connects its own conduit to another owner’s previously installed conduit, the owner must install conduit that has the same number of pathways or pipes as the previous owner’s conduit.
(c) A person must install a vacant conduit of the same size as its own conduit when performing microtrenching operations. Other persons desiring use of conduit in the same area may make use of this vacant conduit upon application to the Broadband Enhancement Council.
(d) When applying for a permit a person must notify the appropriate permitting entity of the intended dates of the start and completion of microtrenching construction. Notification must be made on a form and in a format prescribed by the appropriate permitting entity. No fee shall be charged for such application, as the installation of additional vacant conduit under the provisions of this section shall function in lieu of a fee. The person shall submit the following documents to the appropriate permitting entity:
(1) Proof of insurance; or
(2) An indemnification agreement.
(e) Promptly after completion of microtrenching construction, but no longer than forty calendar days after issuance of the permit for microtrenching, the entity must file a document with the appropriate permitting entity containing the following information:
(1) An “as-built” drawing of the conduit installed. The “as-built” drawing will be treated as proprietary and confidential, to the extent permitted by law.
(2) A map showing the street location of the conduit including the side of the street the conduit is on, the beginning and ending points of the conduit, the number of ducts in the conduit, and the number of ducts of excess capacity in the conduit. The map must accurately reflect the addresses of buildings that are passed by the conduit.
2023 West Virginia Code › Chapter 31G. Broadband Enhancement and Expansion Policies › Article 3. Conduit Installation; Microtrenching › §31G-3-3. Conduit Installation or Fiber Installation by Counties, Municipalities, and Other Political Subdivisions

(a) Notwithstanding any other provision of this code to the contrary, any county, municipality, or other political subdivision of the State of West Virginia may:
(1) Install or contract with any entity for the installation of conduit, fiber, or broadband facilities throughout that political subdivision;
(2) Partner with any of the following entities, or any combination thereof, to install such conduit or communications facilities throughout that political subdivision:
(A) Nonprofit organization;
(B) Cooperative association;
(C) Another county, municipality, or political subdivision;
(D) Private corporations, company, or person; or
(E) Public-private partnership; and
(4) Partner with any of the following entities, or any combination thereof, which operate a network operations center, to operate a fiber network:
Provided
, That a political subdivision may operate a network for their own use:
(A) Nonprofit organization;
(B) Cooperative association;
(C) Another county, municipality, or political subdivision;
(D) Private corporations, company, or person; or
(E) Public-private partnership.
2023 West Virginia Code › Chapter 31G. Broadband Enhancement and Expansion Policies › Article 3. Conduit Installation; Microtrenching › §31G-3-4. Compatible Use

(a) A broadband operator shall be authorized to construct or operate a broadband system:
(1) Over public rights-of-way; and
(2) Through easements, which are within the area to be served by the broadband system and which have been dedicated for compatible uses.
(b) In installing, operating, and maintaining facilities, the broadband operator shall avoid all unnecessary damage and injury to any trees, structures, and improvements in and along the routes utilized for the system.
(c) The broadband operator shall indemnify and hold the state, county and municipality harmless at all times from any and all claims for injury and damage to persons or property, both real and personal, caused by the installation, operation, or maintenance of its broadband system, notwithstanding any negligence on the part of the state, county, and/or municipality, their employees, or agents. Upon receipt of notice in writing from the state, county, and/or municipality, the broadband operator shall, at its own expense, defend any action or proceeding against the state, county and/or municipality in which it is claimed that personal injury or property damage was caused by activities of the broadband operator in the installation, operation or maintenance of its broadband system.
(d) The use of public highways and other public places shall be subject to:
(1) All applicable state statutes, municipal ordinances and all applicable rules governing the construction, maintenance, and removal of overhead and underground facilities of public utilities;
(2) For county highways, all applicable rules adopted by the governing body of the county in which the county highways are situated;
(3) For state or federal-aid highways, all public welfare rules adopted by the Commissioner of the Division of Highways; and
(4) With respect to the use of any public highway that crosses the trackway of any railroad, nothing in this article shall be construed to provide for any greater or any lesser compliance with any safety policy or procedure established by the railroad with respect to the construction of utility crossings across the railroads trackway that is applicable to any other similarly situated utility, whether utilizing aerial or buried lines.
(e) In the use of easements dedicated for compatible uses, the broadband operator shall ensure:
(1) That the safety, functioning, and appearance of the property and the convenience and safety of other persons is not adversely affected by the installation or construction of facilities necessary for a broadband system; and
(2) That the owner of the property is justly compensated by the broadband operator for any damages caused by the installation, construction, operation, or removal of facilities by the broadband operator.
(f) An "easement dedicated for compatible uses" is a public or private easement for electric, gas, telephone, or other utility transmission
2023 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.
2023 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.
2023 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.
2023 West Virginia Code › Chapter 31G. Broadband Enhancement and Expansion Policies › Article 4. Make-Ready Pole Access › §31G-4-7. Ready Pole Access Notification and Cost Sharing

A pole owner or manager which has determined a utility pole ready for telecommunication fibers to be added, and the additional available capacity for that pole, is required to make such known to the West Virginia Department of Economic Development. Telecommunication carriers will be notified by the West Virginia Department of Economic Development within 15 days of the available space and the telecommunication carrier who intends to use the pole will share in the cost of the engineering work required. The telecommunication carrier shall be given 30 days to notify the pole owner or manager they will use the pole or poles for connectivity. The pole owner will be excluded from the requirements of this paragraph if the pole owner has an electronic permitting and notification software system for processing pole attachment applications.
2023 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.
2023 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.
2023 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.
2023 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.