§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.
§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;
§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
§31G-4-1. Definitions
As used in this article, the following terms are defined as follows: (1) “Applicable codes” means uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization, including, but not limited to, the National Electrical Safety Code, or any local amendments to those codes: Provided, That notwithstanding any other provisions of […]
§31G-4-2. Attachment to Third Party Facilities
(a) Upon approval of an Attachment Application, an Attacher may relocate or alter the attachments or facilities of any Pre-Existing Third Party User as may be necessary to accommodate an Attachers attachment using Pole Owner approved contractors; provided, however, that an Attacher will not effectuate a relocation or alteration of a Pre-Existing Third Party Users […]
§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
§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 […]
§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 […]
§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 […]
§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 […]