In this division, the following words shall be used as defined hereinbelow:
Certificated telecommunications provider or “CTP”.
A person who has been issued a certificate of convenience and necessity, certificate of operating authority, or service provider certificate of operating authority by the Texas Public Utility Commission or “PUC” to offer local exchange telephone service or a person who provides voice service as defined by Local Government Code, chapter 283.
Network node.
Equipment at a fixed location that enables wireless communications between user equipment and a communication network.
Network provider.
A wireless service provider, or a person that does not provide wireless services and that is not an electric utility but who builds or installs, on behalf of a wireless service provider, network nodes or node support poles or any other structure that supports or can support a network node.
Provider.
A person, including any certificated telecommunications utility and excluding network providers, as defined herein, that delivers telecommunications service within the city to person(s) by way of a network and that places facilities in, on or over the public rights-of-way. A provider does not include persons who are authorized by the city to occupy the public rights-of-way in specifically approved routes within the city, unless they also have a municipal consent under this chapter. To the extent allowed by law, provider also means a person that does not deliver telecommunications service within the city, but who uses, constructs or maintains facilities or transmission media within the public rights-of-way.
Transport facility.
Each transmission path physically within a public right-of-way, extending with a physical line from a network node directly to the network, for providing backhaul for network nodes.
Wireless service.
Any service using licensed or unlicensed wireless spectrum, including the use of wi-fi, whether at a fixed location or mobile, provided to the public using a network node.
Wireless service provider.
A person that provides wireless services to the public.
(Ordinance 17-025 adopted 8/15/17)
A network provider must provide evidence that the network provider has acquired all required authorization pursuant to state law, including but not limited permission to use a utility pole or city service pole, prior to obtaining a permit from the city to use public right-of-way. The network provider’s right to use and occupy the public right-of-way shall not be exclusive, and the city shall have the right to exercise its police powers and manage its public right-of-way, including on the basis of Texas Local Government Code chapter 284 and all other applicable state or federal laws.
(Ordinance 17-025 adopted 8/15/17)
A network provider shall notify the right-of-way manager of any sale, transfer, merger or assignment of the ownership or control of network provider’s business within 30 days of such sale, transfer, merger or assignment. A network provider shall also maintain and provide current point-of-contact information with the right-of-way manager at all times during which the network provider uses the right-of-way.
(Ordinance 17-025 adopted 8/15/17)
(a) 
Exemptions.
Network providers are exempted from payment to the city of any compensation other than the compensation authorized by chapter 284 of the Texas Local Government Code for the right to use a public right-of-way for network nodes, node support poles, or transport facilities for network nodes.
(b) 
Network provider fees.
(1) 
Annual network node rate.
Network providers shall pay the city an annual network node rate for each location for which network provider has obtained permit(s) for the installation of network nodes, regardless of whether a network provider installs network nodes in the public right-of-way. The amount of the annual network rate shall be set in city’s fee schedule, appendix A to this code. The annual network node public right-of-way rate payment for the first year at any location (“initial annual network node payment”) begins accruing when the permit is issued and is due 30 days after the network provider obtains a permit to install or collocate a network node at the location. The initial annual network node payment shall be pro-rated for the months remaining in the calendar year after the permit issuance date.
(2) 
Subsequent years annual network node rate due date.
The annual network node public right-of-way rate for every year after the initial annual network node payment shall be paid in advance on or before December 31st of each calendar year for each network node in the public right-of-way for the next calendar year period.
(3) 
Annual network node rate adjustment.
Adjustment may be made of the annual network node public right-of-way rate by an amount equal to one-half the annual change in the consumer price index for all urban consumers for the state, as published by the federal Bureau of Labor Statistics. The city shall provide written notice to each network provider of the new rate, and the rate shall apply to the first payment due to the city on or after the 60th day following that notice.
(4) 
Annual collocation on service pole attachment fee.
Network provider shall pay the city annually $20.00 for each network node permitted to be collocated on a city service pole for each location for which network provider has entered agreement with the city to collocate a network node on a city service pole, regardless of whether a network provider collocates a network node on a service pole. This fee is due 30 days after network provider obtains a permit to install a network node on the city service pole. The initial annual collocation on service pole attachment fee payment shall be pro-rated for the months remaining in the calendar year after the permit issuance date. The annual collocation on service pole attachment fee for every year after the initial payment shall be paid in advance on or before December 31st of each calendar year for each network node in the public right-of-way for the next calendar year period.
(5) 
Monthly transport fee.
A network provider that has transport facilities permitted from the network nodes in the public right-of-way shall pay the city a monthly transport facilities fee on a quarterly basis, in the amount set in the fee schedule, appendix A to this code, which begins accruing when the permit is issued. This transport facility fee is in addition to any annual network node public right-of-way rate payment required by section 284.053 of the Texas Local Government Code.
(6) 
Application and permit fees.
Network provider shall pay the city the application and permit fees set forth herein or in the fee schedule, appendix A to this code, contemporaneously with the submittal of the application for the permit.
(Ordinance 17-025 adopted 8/15/17)
A network provider shall comply with the city’s design manual for the installation of network nodes and node support poles, as amended. Any applications submitted for installation of network nodes, node support poles and related equipment, the plans and specifications of which do not comply with the design manual, will not be approved.
(Ordinance 17-025 adopted 8/15/17)
(a) 
As part of the application process for the installation of network nodes, the network provider must certify that the proposed network node will be placed into active commercial service by or for a network provider no later than the 60th day after the date the construction and final testing of the network node is completed.
(b) 
An updated certification of active service must be submitted annually, by no later than December 31st, with or prior to payment of the applicable annual fee(s).
(c) 
If the network provider is not in active commercial service for a period of sixty (60) consecutive days, the equipment will be deemed abandoned and the permit will be revoked. The network provider will be required, within ninety (90) days from notification from the city, to remove the equipment at the network provider’s sole expense.
(Ordinance 17-025 adopted 8/15/17)
A person or entity that is a certificated telecommunications provider as defined in chapter 283 of the Texas Local Government Code, or a network provider as defined in chapter 284 of the Local Government Code, shall provide to the city the indemnity required by section 283.057 of the Texas Local Government Code, as amended.
(Ordinance 17-025 adopted 8/15/17)