Right of Way and Utilities Division

Right of Way Use Fee Information

Frequently Asked Questions

We collect right of way use fees in certain localities and send the payment directly to them. Do you want these access lines included in the "Number of Access lines as defined in Section 56-468.1"

It is important to include all lines that meet the definition in this section, including lines that are in localities that maintain their own roads whether or not they collect the fee.

Do not include local, state, and federal government lines; access lines used to provide service to users as part of the Virginia Universal Service Plan; interstate and intrastate dedicated WATS lines; special access lines; off-premises extensions; official lines internally provided and used by providers of telecommunications service for administrative, testing, intercept, and verification purposes; and commercial mobile radio service.

We are a reseller. As such, we don't have any "feet of new telecommunication facilities installed within public rights of way for the report period." 

That's correct. Please indicate "0" and state that you are a reseller on the form. If you are a Certificated Provider of Telecommunications Service, you still need to report the qualifying access lines you serve and collect the right of way fee where required

Is the right of way fee to be paid by every access line within the state (except those listed in the Code as exempt) no matter where located?

No. In localities that maintain their own roads, the Right of Way Fee is collected only when the locality has passed an ordinance to collect that fee and have it paid directly to them. They also have the option of continuing to collect franchise fees established before July 1, 1998, instead of the Right of Way Fee. Otherwise no fee should be collected in these localities.

Which localities maintain their own roads, impose the right of way fee by ordinance, and are to be paid directly?

We are aware of the following (*effective July 1, 2003; VDOT Notified September 8, 2009) :

 

Which localities maintain their own roads and are not to have the Right of Way Use Fee collected?

   

Our company provides services via a network of fixed microwave antennas and does not use the public rights of way. Are we subject to the collect and remit requirements of this law?

As long as no facilities located on the public rights of way are used, you are not subject to this legislation.

I am unable to locate the locality I serve in either of the two lists.

If the locality your company serves is not on either of the two lists, then you are to collect and forward the right of way use fees to the Department of Transportation.

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Page last modified: Oct. 17, 2013