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.
(Ordinance 249F, art. 3, sec. 1, adopted 12/4/00)
Any person that 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 franchisee 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 the 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 the applicant proposes to temporarily or permanently remove or relocate.
(5) 
If the applicant is proposing to install new overhead facilities, satisfactory evidence that the telecommunication 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 the applicant’s contentions.
(6) 
If the 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 the applicant’s facilities;
(B) 
The excess capacity, if any, that will exist in such ducts or conduits after installation of the applicant’s facilities.
(7) 
If the 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 the 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 division.
(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.
(Ordinance 249F, art. 3, sec. 2, adopted 12/4/00)
Within 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.
(8) 
Applicable law.
(Ordinance 249F, art. 3, sec. 3, adopted 12/4/00)
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 division 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.
(Ordinance 249F, art. 3, sec. 4, adopted 12/4/00)
No franchise granted under this part 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.
(Ordinance 249F, art. 3, sec. 5, adopted 12/4/00)
A telecommunications franchise granted hereunder shall be valid for a term of five (5) years, subject to renewal pursuant to section 4.03.100 of this division.
(Ordinance 249F, art. 3, sec. 6, adopted 12/4/00)
No franchise granted under this division 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.
(Ordinance 249F, art. 3, sec. 7, adopted 12/4/00)
Each franchise granted under this part is subject to the city’s right to fair and reasonable compensation, as specified in part IV of this division, 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.
(Ordinance 249F, art. 3, sec. 8, adopted 12/4/00)
A grantee that desires to renew its franchise under this part shall, not more than 240 days nor less than 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 4.03.092 of this division.
(Ordinance 249F, art. 3, sec. 9, adopted 12/4/00)
(a) 
Within 150 days after receiving a complete application under section 4.03.099 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 division and the franchise agreement.
(5) 
Applicable law.
(b) 
If the renewal application is denied, the written determination shall include the reasons for nonrenewal.
(c) 
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.
(Ordinance 249F, art. 3, sec. 10, adopted 12/4/00)
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 division, have been cured in accordance with section 4.03.172 of this division, or a plan detailing the corrective action to be taken by the grantee has been approved by the city.
(Ordinance 249F, art. 3, sec. 11, adopted 12/4/00)