The purpose and intent of this article is to:
(1)
Establish
clear local guidelines, standards and time frames for the exercise
of local authority with respect to the use of city property and public
rights-of-way to provide telecommunications services within the city
by certificated telecommunications providers and by noncertificated
telecommunications providers;
(2)
Permit
and manage reasonable access to the property and public rights-of-way
of the city for telecommunications purposes on a nondiscriminatory
and competitively neutral basis;
(3)
Conserve
the limited physical capacity of the public rights-of-way held in
public trust by the city;
(4)
Secure
fair and reasonable compensation on a nondiscriminatory and competitively
neutral basis to the city and the residents of the city for permitting
private use of city property and public rights-of-way by noncertificated
telecommunications providers;
(5)
Assure
that all telecommunications carriers providing facilities or services
within the city comply with the police power based ordinances, rules
and regulations of the city intended to protect the health, safety
and welfare of the public; and
(6)
Enable
the city to discharge its public trust consistent with rapidly evolving
federal and state regulatory policies, industry competition and technological
development.
(1983 Code, sec. 26.5-51; Ordinance 10222, art. 1, sec. 1, adopted 12/9/1999)
For the purpose of this article, and the interpretation and
enforcement thereof, the following words and phrases shall have the
following meanings, unless the context of the sentence in which they
are used shall indicate otherwise:
means:
Category 1, which shall include both analog and digital residential
switched access lines. It shall also include point-to-point private
lines, whether residential or nonresidential, only to the extent such
lines provide burglar alarm or other similar security service;
Category 2, which shall include all analog and digital nonresidential
switched access lines; or
Category 3, which shall include all other point-to-point private
lines, whether residential or nonresidential, not otherwise included
within category 1.
means a person that (directly or indirectly) owns or controls,
is owned or controlled by, or is under common ownership or control
with another person.
shall mean the Cable Communications Policy Act of 1984, 47
U.S.C. sec. 532 et seq., as now and hereafter amended.
means a telecommunications carrier providing or offering
to provide cable service within the city as that term is defined in
the Cable Act.
for the purpose of this article shall have the same meaning
provided by the Cable Act.
means a person who has been issued a certificate of convenience
and necessity (CCN), certificate of operating authority (COA), or
service provider certificate of operating authority (SPCOA) by the
public utility commission to offer local exchange telephone service.
means the City of Lubbock.
means and includes all real property owned by the city, other
than public right-of-way as defined herein, and all property held
in a proprietary capacity by the city.
means the public utility commission of Texas.
means an end-use customer.
means the volume or capacity in any existing or future duct,
conduit, manhole, hand hole or other utility facility within the public
right-of-way that is or will be available for use for additional telecommunications
facilities.
means the federal administrative agency, or lawful successor,
authorized to regulate and oversee telecommunications carriers, services
and providers on a national level.
means the mayor and city council of the city.
means the person to whom or which a telecommunications franchise
is granted under this article, and the lawful successor, transferee,
or assignee of said person.
means any and all applicable laws, including, but not limited
to, the Communications Act of 1934, as amended by the Telecommunications
Act of 1996, Pub. L. No. 104-104 sec. 100 Stat. 70, codified at 47
U.S.C. and subsequent amendments, and all orders, rules, tariffs,
guidelines, and regulations issued by the Federal Communications Commission
or the governing state authority pursuant thereto, as well as all
applicable state and city law. The term “law” encompasses
statutory law, administrative regulations, and case law.
means a fee set by the city to compensate the city for the
use and occupancy of the public rights-of-way by a noncertificated
telecommunications provider.
shall mean a person providing telecommunications services
within the meaning of this article who does not hold a CCN, COA or
SPCOA issued by the public utility commission.
means utility poles, utility facilities and telecommunications
facilities located above the surface of the ground, including the
underground supports and foundations for such facilities.
means and includes corporations, companies, associations,
joint stock companies or associations, firms, partnerships, limited
liability companies and individuals and includes their lessors, trustees
and receivers.
means a nonswitched telephone circuit dedicated for use between
specific locations identified by an end-user customer.
means the channel termination point or points of a private
line service within the city.
means the area on, below, or above a public roadway, highway,
street, public sidewalk, alley, waterway, or utility easement in which
the municipality has an interest and does not include the airwaves
above a right-of-way with regard to wireless telecommunications.
means any highway, street, bridge, tunnel, alley, parkway
or walkway for vehicular or pedestrian travel under the jurisdiction
and control of the city which has been acquired, established, dedicated
or devoted to purposes not inconsistent with telecommunications facilities.
means the state administrative agency, or lawful successor,
authorized to regulate and oversee telecommunications carriers, services
and providers in the State of Texas.
means the State of Texas.
means that portion of the usable space on a utility pole
which has the necessary clearance from other pole users to allow its
use by a telecommunications carrier for a pole attachment.
means and includes every telecommunications services provider
that directly or indirectly owns, controls, operates or manages plant,
equipment or property within the city, used or to be used for the
purpose of offering telecommunications service.
means the plant, equipment and property, including, but not
limited to, cables, wires, conduits, ducts, pedestals, poles, antennae,
electronics and other appurtenances used or to be used to transmit,
receive, distribute, provide or offer telecommunications service.
means the providing or offering for rent, sale or lease,
or in exchange for other value received, of the transmittal of, or
of telecommunications facilities for the transmittal of, voice, data,
image, graphics and other communications between or among points by
wire, fiber optics or similar facilities, but does not include the
provision to the public of any service expressly found by law not
to constitute a telecommunications service. Telecommunications service
may be provided by both certificated telecommunications providers
and noncertificated telecommunications providers.
means and includes every person who provides telecommunications
services regardless of whether certificated or not certificated by
the public utility commission of Texas and regardless of whether such
person owns, controls, operates or manages plant, equipment or property
within the city used or to be used for the purpose of offering telecommunications
service.
means utility facilities and telecommunications facilities
located under the surface of the ground, excluding the underground
foundations or supports for overhead facilities.
means the total distance between the top of a utility pole
and the lowest possible attachment point that provides the minimum
necessary vertical clearance.
means any easement owned by the city and acquired, established,
dedicated or devoted for public utility purposes not inconsistent
with telecommunications facilities.
means the plant, equipment and property, including but not
limited to the poles, pipes, mains, conduits, ducts, cables, wires,
plant and equipment located under, on or above the surface of the
ground within city property or public rights-of-way and used or to
be used for the purpose of providing utility or telecommunications
services.
(1983 Code, sec. 26.5-52; Ordinance 10222, art. 1, sec. 2, adopted 12/9/1999)
Except as otherwise provided herein, any telecommunications
carrier who desires to construct, install, operate, maintain or locate
telecommunications facilities on city property or in any public right-of-way
for the purpose of providing cable service to persons in the city
shall first obtain a cable service franchise from the city as provided
in the city’s current cable franchise ordinances in effect at
the time the cable service franchise is sought.
(1983 Code, sec. 26.5-55; Ordinance 10222, art. 1, sec. 5, adopted 12/9/1999)
This article shall have no effect on any existing franchise
ordinance or franchise agreement with a noncertificated telecommunications
provider or with a telecommunications provider who has opted to leave
its existing franchise in place pursuant to section 283.054, Local
Government Code, until the expiration of said franchise ordinance
or agreement.
(1983 Code, sec. 26.5-56; Ordinance 10222, art. 1, sec. 6, adopted 12/9/1999)
Any person found guilty of violating, disobeying, omitting,
neglecting or refusing to comply with any of the provisions of this
article after receiving written notice of same from the city manager
or his or her designated representative shall be fined not less than
one hundred dollars ($100.00) nor more than five hundred dollars ($500.00)
for each offense. A separate and distinct offense shall be deemed
committed each day on which a violation occurs or continues.
(1983 Code, sec. 26.5-57; Ordinance 10222, art. 1, sec. 7, adopted 12/9/1999)
A grantee shall not be excused from complying with any of the
terms and conditions of this article or grantee’s franchise
agreement by any failure or omission of the city upon any one or more
occasions to insist upon, enforce, or otherwise seek compliance with
any such terms and conditions.
(1983 Code, sec. 26.5-58; Ordinance 10222, art. 1, sec. 8, adopted 12/9/1999)
Nothing in this article shall be construed as limiting any remedies
that the city or a grantee may have, under the law, for enforcement
of this article.
(1983 Code, sec. 26.5-59; Ordinance 10222, art. 1, sec. 9, adopted 12/9/1999)
