The purpose and intent of this division 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 non-certificated 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 non-certificated 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.
(Ordinance 249F, art. 1, sec. 1, adopted 12/4/00)
For the purpose of this division, 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:
Access line.
(1) 
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;
(2) 
Category 2, which shall include all analog and digital nonresidential switched access lines; or
(3) 
Category 3, which shall include all other point-to-point private lines, whether residential or nonresidential, not otherwise included within category 1.
Affiliate.
A person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with another person.
Cable Act.
The Cable Communications Policy Act of 1984, 47 U.S.C. section 532 et seq., as now and hereafter amended.
Cable operator.
A telecommunications carrier providing or offering to provide cable service within the city as that term is defined in the Cable Act.
Cable service.
Shall have the same meaning provided by the Cable Act.
Certificated telecommunications provider.
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.
City property.
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.
Commission.
The public utility commission of the state.
Customer.
An end-use customer.
Excess capacity.
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.
FCC or Federal Communications Commission.
The federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level.
Governing body.
The mayor and city council of the city.
Grantee.
The person to whom or which a telecommunications franchise is granted under this division, and the lawful successor, transferee, or assignee of said person.
Law.
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 section 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.
Municipal telecommunications line fee.
A fee set by the city to compensate the city for the use and occupancy of the public rights-of-way by a non-certificated telecommunications provider.
Non-certificated telecommunications provider.
A person providing telecommunications services within the meaning of this division who does not hold a CCN, COA or SPCOA issued by the public utility commission.
Overhead facilities.
Utility poles, utility facilities and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities.
Person.
Corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies and individuals, and includes their lessors, trustees and receivers.
Private line service.
A non-switched telephone circuit dedicated for use between specific locations identified by an end-user customer.
Private line termination point.
The channel termination point or points of a private line service within the city.
Public right-of-way.
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.
Public street or public roadway.
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.
PUC or state public utility commission.
The state administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers in the state.
State.
The State of Texas.
Surplus space.
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.
Telecommunications carrier.
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.
Telecommunications facilities.
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.
Telecommunications service.
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, images, 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 non-certificated telecommunications providers.
Telecommunications services provider or provider.
Every person who provides telecommunications services, regardless of whether certificated or not certificated by the state public utility commission 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.
Underground facilities.
Utility facilities and telecommunications facilities located under the surface of the ground, excluding the underground foundations or supports for overhead facilities.
Usable space.
The total distance between the top of a utility pole and the lowest possible attachment point that provides the minimum necessary vertical clearance.
Utility easement.
Any easement owned by the city and acquired, established, dedicated or devoted for public utility purposes not inconsistent with telecommunications facilities.
Utility facilities.
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.
(Ordinance 249F, art. 1, sec. 2, adopted 12/4/00)
Except as otherwise provided herein, all telecommunications carriers and providers engaged in the business of transmitting, supplying or furnishing of telecommunications services originating and/or terminating in the city shall register with the city pursuant to part II of this division.
(Ordinance 249F, art. 1, sec. 3, adopted 12/4/00)
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 part III of this division.
(Ordinance 249F, art. 1, sec. 4, adopted 12/4/00)
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.
(Ordinance 249F, art. 1, sec. 5, adopted 12/4/00)
This division shall have no effect on any existing franchise ordinance or franchise agreement with a non-certificated 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.
(Ordinance 249F, art. 1, sec. 6, adopted 12/4/00)
Any person found guilty of violating, disobeying, omitting, neglecting or refusing to comply with any of the provisions of this division 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.
(Ordinance 249F, art. 1, sec. 7, adopted 12/4/00)
A grantee shall not be excused from complying with any of the terms and conditions of this division or the 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.
(Ordinance 249F, art. 1, sec. 8, adopted 12/4/00)
Nothing in this division shall be construed as limiting any remedies that the city or a grantee may have, under the law, for enforcement of this division.
(Ordinance 249F, art. 1, sec. 9, adopted 12/4/00)