This working paper is intended to provide communities with an accessible summary of the legislative history and case law pertaining to municipal telecommunications in the state of Virginia. In addition, it offers a layman’s interpretation of the implications these laws and judicial decisions have for communities interested in pursuing telecommunications projects. It is a work in progress, but to the best of the author’s knowledge, summarizes and interprets all relevant legislation and case law from the Telecommunications Act of 1996 to the March 2004 Supreme Court decision in Nixon, et al. v. Missouri Municipal League.
Corrections, criticisms, and comments regarding this paper will aid immeasurably in its continued evolution and improvement.
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This paper is not a substitute for a legal opinion. It is the product of research conducted by the Virginia Tech eCorridors group, and though great care has been taken in attempting to ensure its completeness and accuracy, errors may still exist. Furthermore, the “Implications” of the legislation and case law are based on its interpretation by the Virginia Tech eCorridors group, and at the time of writing, have not been verified by legal counsel.