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, based on the Texas Local Gov’t Code chapter 284 and all other state or federal laws.
(Ordinance 2100-17 adopted 9/5/17)
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 2100-17 adopted 9/5/17)
(a) 
Exemptions.
Network providers are exempted from the following fees provided for in this article:
(1) 
Permit application fee, including expedited application fee and permit expiration fee;
(2) 
Additional permit fee;
(3) 
Registration fee.
(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 or not 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. 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 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.
The city may adjust 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 Texas, 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 municipality 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 into an agreement with the city to collocate a network node on a city service pole, regardless of whether or not 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.
To the extent a network provider has transport facilities permitted from the network nodes in the public right-of-way it shall pay the city a monthly transport facilities fee on a quarterly basis, in the amount set in the city’s fee schedule, as adopted in appendix A of 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 [Texas Local Gov’t Code] ch. 284, section 284.053.
(6) 
Application and Permit Fees.
Network provider shall pay the city the application and permit fees set forth in the city’s master fee schedule contemporaneously with the submittal of the application for the permits.
(Ordinance 2100-17 adopted 9/5/17)
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 2100-17 adopted 9/5/17)
(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 in excess 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 2100-17 adopted 9/5/17)