Communications Provider.
A cable provider, certificated telecommunications provider, and any other entity providing voice, video, cable, data, internet, or information services to the general public. The term does not include the city or a governmental entity providing governmental services.
Conduit.
A structure containing one or more ducts.
Duct.
A single enclosed raceway for a conductor, cable, or wire.
Pole Attachment.
Any attachment by a communications provider to a utility pole, duct, or conduit owned by the city.
Telecommunications Carrier.
The meaning assigned to such term by Title 47 U.S.C. Section 153.
(Ordinance 1948 adopted 8/31/06)
(a) 
Prior to the execution of any pole attachment agreement, or prior to the modification of the attachment rate contained in any existing pole attachment agreement, the city manager or his designee shall determine a single nondiscriminatory, competitively neutral pole attachment rate to be charged for each pole attachment, regardless of the nature of the service provided. Such pole attachment rate shall not exceed the maximum rate the municipality would be permitted to charge a telecommunications carrier under the Federal Communication Commission’s rules implementing subsection (e) of 47 U.S.C. Section 244 if the municipality’s pole attachments rates were regulated by the FCC.
(b) 
If a communications provider is a party to an existing pole attachment contract with the city, the pole attachment rate determined under part (a) above shall be applied to such communications carrier’s pole attachments in a manner consistent with the terms and conditions of the existing contract.
(c) 
The pole attachment rate shall be in addition to any other fees, charges, or costs required to be paid by or assessed against a communications carrier pursuant to its pole attachment contract or any ordinance, rule or law.
(Ordinance 1948 adopted 8/31/06)