Counties may rent tower space under security rules

County commissions may rent or allow entities to use county-owned wireless towers or parts of them. These rules apply to any entity seeking to use a county-owned wireless tower or part of one. Users may not be connected to listed foreign adversaries, terrorist-related lists, or designated people or groups. Users may not conduct unconstitutional surveillance or other acts likely to violate people’s rights. They must use secure cellular and cyber protections and avoid technology that could threaten critical infrastructure. Technology connected to voting or election systems may not include hardware, software, equipment, or accessories made in a foreign country or by specified foreign-controlled entities or people who are not U.S. citizens.

A county commission may not charge covered public users for tower space, but may recover actual and reasonable costs tied to their use. This applies to public safety operations, the West Virginia Department of Highways, and other state agencies. Recoverable costs may include engineering, structural analysis, maintenance, utilities, or tower changes. Other state agencies may use tower space without a space charge only if their use meets the listed user and security requirements.

Before allowing an entity to use tower space, a county commission must make reasonable checks for compliance. The checking duty applies before a commission allows any entity, including a nonprofit organization, to use tower space. The checks cover the user and security rules for tower use. A commission that makes these checks may not be held liable for damages, claims, or injuries resulting from a user's violation of those rules. The checks must happen before the commission grants permission to use tower space.