7756742.2-1150.2Virginia Decodedhttps://vacode.org2016Administration Of GovernmentOrganization Of State GovernmentState Agencies Related To The General Operation Of GovernmentDepartment Of General ServicesDivision Of Engineering And BuildingsUse of communication towers for deployment of wireless broadband services in unserved areas of the Commonwealth2008, cc. 676, 690; 2015, c. 351.http://law.lis.virginia.gov/vacode/2.2-1150.2/2.2-1156Sale or lease of surplus property and excess building space/2.2-1156//2.2-1150.2/2.2/I/C/11/4/2.2-1150.22.2-1150.12.2-1151Notwithstanding any provision of § 2.2-1156 to the contrary, any state department, agency, or institution having responsibility for a state-owned communication tower in an unserved area, subject to guidelines adopted by the Department, shall lease or convey a license or other interest in the communication tower to a qualified provider in order to permit the use of the communication tower by the qualified provider in its deployment of wireless broadband service within the unserved area or portion thereof. This requirement is subject to the qualified provider presenting to the Department:sectionBB1 A spectrum and certified structural analysis of the tower that demonstrates that:
sectionB1B12 The new service will not interfere with current equipment;sectionB1aB1a3 No structural element is beyond 85 percent capacity based on current and previously documented future loads; andsectionB1bB1b3 The tower meets the industry standards set forth by ANSI/TIA/EIA 222-F; andsectionB1cB1c3 Proof that the tower satisfies all applicable local government requirements.sectionB2B22The Department shall adopt guidelines for (i) determining whether a provider of wireless broadband service is qualified to provide such service and (ii) requesting a state department, agency, or institution to enter into a lease or other conveyance of an interest in a communication tower or site pursuant to this section.sectionCC1The lease or other conveyance shall be for such consideration as the Director of the Department deems appropriate, which consideration shall not be required to be commensurate with the consideration paid for use of comparable space on similar towers. The lease or other conveyance may include shared use of the facilities by other political subdivisions or persons providing the same or similar services, and by departments, agencies, or institutions of the Commonwealth.sectionDD1The provisions of § 2.2-1156 as they apply to lease agreements or conveyances of any interest shall not apply to any transaction undertaken pursuant to this section.sectionEE1No transaction authorized by this section shall be made without the prior approval of the Director of the Department and the approval of the Attorney General as to the form of any conveyancing instrument prior to execution.sectionFF1