[Amended 5-5-2020 by Ord. No. 1251]
For purposes of this article, the following words and terms
are defined as follows:
Any person, firm, partnership, limited liability company,
corporation, or association offering telecommunication services for
a fee. (Ref. 86-119 RS Neb.)
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.)
