(a) Any
telecommunications carrier who is not a certificated telecommunications
provider desiring to construct, install, operate, maintain or otherwise
locate telecommunications facilities in, under, over or across any
city property or public rights-of-way for the purpose of providing
telecommunications services within the city shall first obtain a franchise
authorizing and regulating the use of such city property and public
rights-of-way pursuant to this division 3.
(b) A
telecommunications franchise shall be required of any telecommunications
carrier who desires to occupy city property or public rights-of-way
for the purpose of providing telecommunications services to any person
or area in the city and who is not a certificated telecommunications
provider.
(1983 Code, secs. 26.5-54, 26.5-71; Ordinance 10222, art. 1, sec. 4, art. 3, sec. 1,
adopted 12/9/1999)
Any person who desires a telecommunications franchise shall
file an application with the city secretary which shall include the
following information:
(1) The
identity of the franchise applicant, including all affiliates of the
applicant.
(2) A
description of the telecommunications services that are or will be
offered or provided by the franchise applicant over its existing or
proposed facilities.
(3) A
description of the telecommunications facilities that are or will
be used by the franchise applicant to offer or provide such telecommunications
services.
(4) Preliminary
engineering plans and specifications of any new facilities to be located
within the city, if known at the time of application, in sufficient
detail to identify:
(A) The location and route of applicant’s proposed telecommunications
facilities.
(B) The location of all overhead and underground public utility, telecommunication,
cable, water, sewer[,] drainage and other facilities on city property
or within the public rights-of-way along the proposed route.
(C) The specific trees, structures, improvements, facilities and obstructions,
if any, that applicant proposes to temporarily or permanently remove
or relocate.
(5) If
applicant is proposing to install new overhead facilities, satisfactory
evidence that the telecommunications facilities cannot reasonably
be installed in new or existing ducts or conduits, and that surplus
space is available for locating its telecommunications facilities
on existing utility poles along the proposed route. This showing may
be satisfied by submission of a sworn affidavit setting forth, in
detail, the relevant facts supporting applicant’s contentions.
(6) If
applicant is proposing to install new underground facilities in existing
ducts or conduits under city property or within the public rights-of-way,
information in sufficient detail to identify:
(A) The excess capacity currently available in such ducts or conduits
before installation of applicant’s facilities;
(B) The excess capacity, if any, that will exist in such ducts or conduits
after installation of applicant’s facilities.
(7) If
applicant is proposing to install new underground facilities within
new ducts or conduits to be constructed under city property or within
the public rights-of-way:
(A) The location proposed for the new ducts or conduits;
(B) The excess capacity that will exist in such ducts or conduits after
installation of applicant’s facilities.
(8) A
preliminary construction schedule and completion dates.
(9) A
preliminary traffic control plan.
(10) Financial statements prepared in accordance with generally accepted
accounting principles demonstrating the applicant’s financial
ability to comply with all requirements and obligations imposed upon
a grantee under this article.
(11) Information to establish that the applicant has obtained all other
governmental approvals and permits to construct and operate the facilities
and to offer or provide the telecommunications services.
(12) Whether the applicant intends to provide cable service, video dial
tone service or other video programming services, and sufficient information
to determine whether such service is subject to cable service franchising.
(13) A description of the services or facilities that the applicant will
offer or make available to the city and other public, educational,
and governmental institutions.
(14) Such other and further information as may reasonably be requested
by the city manager.
(1983 Code, sec. 26.5-72; Ordinance 10222, art. 3, sec. 2, adopted 12/9/1999)
Within ninety (90) days after receiving a complete application,
the governing body shall issue a written determination granting or
denying the application in whole or in part. If the application is
denied, the written determination shall include the reasons for denial.
The following standards will be used in determining whether to grant
or deny an application:
(1) The
financial ability of the applicant.
(2) The
legal ability of the applicant.
(3) The
capacity of the public rights-of-way or city property to accommodate
the applicant’s proposed facilities.
(4) The
damage or disruption, if any, of public or private uses, facilities,
improvements, service, travel or landscaping if the franchise is granted.
(5) The
public interest in minimizing the cost and disruption of construction
within the public rights-of-way or on city property.
(6) The
effect, if any, on public health, safety and welfare if the franchise
requested is granted.
(7) The
availability of reasonable alternate routes and/or locations for the
proposed facilities.
(1983 Code, sec. 26.5-73; Ordinance 10222, art. 3, sec. 3, adopted 12/9/1999)
All telecommunications franchise awards shall take the form
of a municipal ordinance duly passed by the governing body and accepted
by the grantee. Each telecommunications franchise ordinance shall
incorporate all applicable provisions of this article and shall follow
a standardized format insofar as practical. Any special terms or conditions
included within a grantee’s franchise award shall be nondiscriminatory
and competitively neutral.
(1983 Code, sec. 26.5-74; Ordinance 10222, art. 3, sec. 4, adopted 12/9/1999)
No franchise granted under this division shall confer any exclusive
right, privilege, license or franchise to occupy or use city property
or public rights-of-way for delivery of telecommunications services
or any other purposes.
(1983 Code, sec. 26.5-75; Ordinance 10222, art. 3, sec. 5, adopted 12/9/1999)
A telecommunications franchise granted hereunder shall be valid for a term of three (3) years, subject to renewal pursuant to section
8.13.080 of this division.
(1983 Code, sec. 26.5-76; Ordinance 10222, art. 3, sec. 6, adopted 12/9/1999)
No franchise granted under this article shall convey any right,
title or interest in city property or public rights-of-way, but shall
be deemed a franchise only to use and occupy city property and public
rights-of-way to the limited extent and for the limited purposes and
term stated in the franchise agreement. Further, no franchise shall
be construed as any warranty of title.
(1983 Code, sec. 26.5-77; Ordinance 10222, art. 3, sec. 7, adopted 12/9/1999)
Each franchise granted under this division is subject to the
city’s right to fair and reasonable compensation, as specified
in division 4 herein, on a nondiscriminatory and competitively neutral
basis, for the franchisee’s use and occupancy of city property
and public rights-of-way as well as the city’s oversight, supervision
and regulation of the same.
(1983 Code, sec. 26.5-78; Ordinance 10222, art. 3, sec. 8, adopted 12/9/1999)
A grantee that desires to renew its franchise under this division shall, not more than two hundred forty (240) days nor less than one hundred fifty (150) days before expiration of the current franchise, file an application with the city for renewal of its franchise which shall include the information required pursuant to section
8.13.072 of this division.
(1983 Code, sec. 26.5-79; Ordinance 10222, art. 3, sec. 9, adopted 12/9/1999)
(a) Within one hundred fifty (150) days after receiving a complete application under section
8.13.079 of this division, the governing body shall issue a written determination granting or denying the renewal application in whole or in part, applying the following standards:
(1) The financial ability of the applicant.
(2) The legal ability of the applicant, including a determination of
whether an applicant may have become a certificated telecommunications
provider.
(3) The continuing capacity of city property and public rights-of-way
to accommodate the applicant’s existing facilities.
(4) The applicant’s compliance with the requirements of this article
and the franchise agreement.
(b) If
the renewal application is denied, the written determination shall
include the reasons for nonrenewal. If the renewal application is
granted, the franchise terms and conditions must be conformed as necessary
to comply fully with all requirements and conditions contained in
the city’s then-existing telecommunications ordinance.
(1983 Code, sec. 26.5-80; Ordinance 10222, art. 3, sec. 10, adopted 12/9/1999)
No franchise shall be renewed until any ongoing violations or defaults in the grantee’s performance of the franchise agreement, or of the requirements of this article, have been cured in accordance with section
8.13.160 of division 5 of this article, or a plan detailing the corrective action to be taken by the grantee has been approved by the city.
(1983 Code, sec. 26.5-81; Ordinance 10222, art. 3, sec. 11, adopted 12/9/1999)