[Amended 5-5-2020 by Ord. No. 1251]
For purposes of this article, the following words and terms are defined as follows:
TELECOMMUNICATION COMPANY
Any person, firm, partnership, limited liability company, corporation, or association offering telecommunication services for a fee. (Ref. 86-119 RS Neb.)
TELECOMMUNICATION SERVICES
The electronic transmission, conveyance, or routing of voice, data, audio, video, or any other information or signals of a user's or subscriber's choosing, to a point or between or among points specified by the user or subscriber, without a change in the form or content of the information sent or received, except that television and radio programing services shall be excluded from such definition. (Ref. 77-2703.04(7)(aa), 86-117 and 86-121 RS Neb.)
Any telecommunication company qualified to provide telecommunication services in the State of Nebraska shall be granted permission by the City of Ralston to construct, operate, and maintain telecommunication lines and related facilities along, upon, across, and under the public rights-of-way within the territorial limits of the City of Ralston subject to the terms and conditions of a franchise agreement approved by the City Council, provided that such lines and related facilities shall be so constructed and maintained as not to interfere with the ordinary use of such rights-of-way by the public and all aerial wires and cables shall be placed at a height of not less than 18 feet above all streets maintained by the City and open for public vehicular traffic. (Ref. 86-704(1) RS Neb.)
This article shall not be construed to transfer the rights vested in the City in relation to the regulation of poles, wires, cables and related facilities or authorize any telecommunication company to erect any poles or construct any conduit, cable, or other facilities along, upon, across, or under a public right-of-way within the City without first obtaining the consent of the City Council and all required building permits and inspections. (Ref. 86-704(2) RS Neb.)
Every telecommunications company that desires permission to construct, operate, or maintain telecommunication lines and related facilities along, upon, across, and under the public rights-of-way within the territorial limits of the City shall be required to enter into a franchise agreement with the City prior to constructing or installing such telecommunications lines and related facilities. All such franchise agreements entered into after passage of this article shall specify an occupation tax for the use of such public rights-of-way and must be approved by the City Council. The tax shall be imposed only on the receipts from the sale of telecommunication services to users or subscribers within the City and the rate of such tax shall not exceed the maximum amount allowed by the State of Nebraska or the Federal Communications Commission, whichever is less. All such occupation taxes shall be competitively neutral and shall be uniform in respect to all telecommunication companies identified as local exchange carriers or interexchange carriers by the Nebraska Public Service Commission. (Ref. 86-704(4) RS Neb.)