A.
The
purpose and intent of this chapter is to:
1.
Establish
a local policy concerning telecommunications providers and services;
2.
Establish
clear local guidelines, standards and time frames for the exercise
of local authority with respect to the regulation of telecommunications
providers and services;
3.
Promote
competition in telecommunications;
4.
Minimize
unnecessary local regulation of telecommunications providers and services;
5.
Encourage
the provision of advanced and competitive telecommunications services
on the widest possible basis to the businesses, institutions and residents
of the City;
6.
Permit
and manage reasonable access to the public ways of the City for telecommunications
purposes on a competitively neutral basis;
7.
Conserve
the limited physical capacity of the public ways held in public trust
by the City;
8.
Assure
that the City's current and ongoing costs of granting and regulating
private access to and use of the public ways are fully paid by the
person seeking such access and causing such costs;
9.
Secure
fair and reasonable compensation to the City and the residents of
the City for permitting private use of the public ways;
10.
Assure that all telecommunications carriers providing facilities
or services within the City comply with the ordinances, rules and
regulations of the City;
11.
Assure that the City can continue to fairly and responsibly protect
the public health, safety and welfare; and
12.
Enable the City to discharge its public trust consistent with rapidly
evolving Federal and State regulatory policies, industry competition
and technological development.
B.
"Aboveground facilities"
"Affiliate"
"Cable act"
"Cable operator"
"Cable service"
"City council"
"City property"
"Excess capacity"
"FCC" or "federal communications commission"
"Grantee"
"Other ways"
"Person"
"Public street"
"Public way"
"PUC" or "public utilities commission"
"State"
"Surplus space"
"Telecommunications carrier"
"Telecommunications facilities"
"Telecommunications provider"
"Telecommunications service"
Telecommunications system.
"Telephone company"
"Underground facilities"
"Usable space"
"Utility easement"
"Utility facilities"
Definitions.
The following words and phrases, when used in this chapter, have the
meanings in this section unless, from the context, a different meaning
is intended or specifically defined:
means utility poles, wires, utility facilities and telecommunications
facilities located above the surface of the ground, including the
underground supports and foundations for such facilities.
means a person that (directly or indirectly) owns or controls,
is owned or controlled by, or is under common ownership or control
with another person.
means the Cable Communications Policy Act of 1984, 47 U.S.C.
Section 532, et seq., as now and hereafter amended.
means a telecommunications carrier providing or offering
to provide cable service within the City as that term is defined in
the cable act.
for the purpose of this chapter has the same meaning provided
by the Cable Act.
means the Mayor, City Council and the City.
means and includes all real property owned by the City, other
than public streets and utility easements as those terms are defined
herein, and all property held in a proprietary capacity by the City,
which are not subject to right-of-way licensing and franchising as
provided in this chapter.
means the volume or capacity in any existing or future duct,
conduit, manhole, handhole or other utility facility within the public
way that is or will be available for use for additional telecommunications
facilities.
means the Federal administrative agency, or lawful successor,
authorized to regulate and oversee telecommunications carriers, services
and providers on a national level.
means a licensee or franchisee granted a license or franchise
under this chapter.
means the highways, streets, alleys, utility easements or
other right-of-way within the City, but under the jurisdiction and
control of a governmental entity other than the City.
means and includes corporations, companies, associations,
joint stock companies or associations, firms, partnerships, limited
liability companies and individuals and includes their lessors, trustees
and receivers.
means any highway, street, alley or other public right-of-way
for motor vehicle travel under the jurisdiction and control of the
City which has been acquired, established, dedicated or devoted to
highway purposes not inconsistent with telecommunications facilities.
means and includes all public streets and utility easements,
as those terms are defined herein, now and hereafter owned by the
City, but only to the extent of the City's right, title, interest,
or authority to grant a license or franchise to occupy and use such
streets and easements for telecommunications facilities.
means the California Public Utilities Commission or the state
administrative agency, or lawful successor, authorized to regulate
and oversee telecommunications carriers, services and providers in
the State of California.
means the State of California.
means that portion of the usable space on a utility pole
which has the necessary clearance from other pole users, as required
by the orders and regulations of the PUC, to allow its use by a telecommunications
carrier or a pole attachment.
means and includes every person 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.
means the plant, equipment and property, including but not
limited to, cables, wires, conduits, ducts, pedestals, antennae, electronics
and other appurtenances used or to be used to transmit, receive, distribute,
provide or offer telecommunications services.
means and includes every person who provides telecommunications
service over telecommunications facilities without any ownership or
management control of the facilities.
means the providing or offering for rent, sale or lease,
or in exchange for other value received, of the transmittal of voice,
data, image, graphic and video programming information between or
among points by wire, cable, fiber optics, laser, microwave, radio,
satellite or similar facilities, with or without benefit of any closed
transmission medium.
See "Telecommunications facilities."
means any telephone or telegraph corporation as defined by
Sections 234—236 of the California Public Utilities Code (or
any successor sections) which has obtained a certificate of public
convenience and necessity from the PUC.
means utility and telecommunications facilities located under
the surface of the ground, excluding the underground foundations or
supports for aboveground facilities.
means that total distance between the top of a utility pole
and the lowest possible attachment point that provides the minimum
allowable vertical clearance as specified in the orders and regulations
of the PUC.
means any easement owned by the City and acquired, established,
dedicated or devoted for public utility purposes not inconsistent
with telecommunications facilities.
means 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 the public ways of the City and used or to be used for
the purpose of providing utility or telecommunications services.
C.
Registration. Except as otherwise provided herein, all telecommunications carriers and providers engaged in the business of transmitting, supplying or furnishing of telecommunications originating or terminating in the City must register with the City pursuant to Section 4.07.020 of this chapter.
D.
Telecommunications License. Except as otherwise provided therein, any telecommunications carriers who desire to construct, install, operate, maintain, or otherwise locate telecommunications facilities in, under, over or across any public way of the City for the sole purpose of providing telecommunications services to persons and areas outside the City shall first obtain a license granting the use of such public ways from the City pursuant to Section 4.07.030 of this chapter.
E.
Telecommunications Franchise. Except as otherwise provided herein, any telecommunications carriers who desire to construct, install, operate, maintain or otherwise locate telecommunications facilities in, under, over or across any public way of the City, and to also provide telecommunications service to persons or areas in the City, shall first obtain a franchise granting the use of such public ways from the City pursuant to Section 4.07.040 of this chapter.
F.
G.
Remedies.
Nothing in this chapter shall be construed as limiting any remedies
that the City may have, at law or in equity, for enforcement of this
chapter.
H.
Severability.
If any section, subsection, sentence, clause, phrase, or other portion
of this chapter, or its application to any person, is, for any reason,
declared invalid, in whole or in part by any court or agency of competent
jurisdiction, said decision shall not affect the validity of the remaining
portions hereof.
(Ord. 557 § 3, 2019)
A.
Registration
Required. All telecommunications carriers and providers that offer
or provide any telecommunications service for a fee directly to the
public, either within the City, or outside the corporate limits from
the telecommunications facilities within the City, shall register
with the City pursuant to this section on forms to be provided by
the issuing officer, which shall include the following:
1.
The
identity and legal status of the registrant, including any affiliates.
2.
The
name, address and telephone number of the officer, agent or employee
responsible for the accuracy of the registration statement.
3.
A
description of registrant's existing or proposed telecommunications
facilities within the City in a form satisfactory to the Director
of Engineering or the Director of Planning and Building, as applicable.
4.
A
description of the telecommunications service that the registrant
intends to offer or provide, or is currently offering or providing,
to persons, firms, businesses or institutions within the City.
5.
Information
sufficient to determine whether the registrant is subject to public
way licensing or franchising under this chapter.
6.
Information
sufficient to determine whether the transmission, origination or receipt
of the telecommunications services provided or to be provided by the
registrant constitutes an occupation or privilege subject to any municipal
telecommunications tax business license fee, or other occupation tax
imposed by the City.
7.
Information
sufficient to determine that the applicant has applied for and received
any certificate of authority required by the PUC to provide telecommunications
services or facilities within the City.
8.
Information
sufficient to determine that the applicant has applied for and received
any construction permit, operating license or other approvals required
by the Federal Communications Commission to provide telecommunications
services or facilities within the City.
9.
Information
sufficient to determine that the applicant has applied for and received:
10.
Any building permit required under Title 11 of the Santee Municipal
Code.
11.
Information sufficient to determine that the applicant has paid any encroachment deposit and other fee due under Chapter 8.02 of the Santee Municipal Code.
12.
Such other information as the issuing officer and Director of Engineering
or the Director of Planning and Building, as applicable, may reasonably
require.
B.
Registration
Fee. Each application for registration as a telecommunications carrier
or provider shall be accompanied by a fee of $25.00.
C.
Purpose
of Registration. The purpose of registration under this section is
to:
1.
Provide
the City with accurate and current information concerning the telecommunications
carriers and providers who offer or provide telecommunications services
within the City, or that own or operate telecommunications facilities
within the City;
2.
Assist
the City in enforcement of this chapter;
3.
Assist
the City in the collection and enforcement of any municipal taxes,
franchise fees, license fees or charges that may be due the City;
4.
Assist
the City in monitoring compliance with local, State and Federal laws.
(Ord. 557 § 3, 2019; Ord. 612 § 2, 2023)
A.
A telecommunications
license shall be required of any telecommunications carrier, other
than telephone companies or other entities exempt from local license
laws under State or Federal law, who desires to occupy specific public
ways of the City for the sole purpose of providing telecommunications
services to persons or areas outside the City.
B.
License
Application. Any person that desires a telecommunications license
pursuant to this section shall file an application with the City which
shall include the following information:
1.
The
identity of license applicant, including all affiliates of the applicant.
2.
A
description of the telecommunications services that are or will be
offered or provided by licensee over its telecommunications facilities.
3.
A
description of the transmission medium that will be used by the licensee
to offer or provide such telecommunications services.
4.
Preliminary
engineering plans, specifications and a network map of the facilities
to be located within the City, all in sufficient detail to identify:
a.
The location and route requested for applicant's proposed telecommunications
facilities.
b.
The location of all aboveground and underground public utility, telecommunications,
cable, water, sewer drainage and other facilities in the public way
along the proposed route.
c.
The location(s), if any, for interconnection with the telecommunications
facilities of other telecommunications carriers.
d.
The specific trees, structures, improvements, facilities and obstructions,
if any, that applicant proposes to temporarily or permanently remove
or relocate.
5.
If applicant is proposing to install aboveground facilities, evidence that surplus space is available for locating its telecommunications facilities on existing utility poles along with proposed route if the applicant proposes to use utility poles, and that the Director of Development Services has made the findings required under Section 4.07.070(B) of this chapter.
6.
If
applicant is proposing an underground installation in existing ducts
or conduits within the public ways, information in sufficient detail
to identify:
7.
If
applicant is proposing an underground installation within new ducts
or conduits to be constructed within the public ways:
8.
A
preliminary construction schedule and completion date.
9.
A
preliminary traffic control plan.
10.
Financial statements prepared in accordance with generally accepted
accounting principles demonstrating the applicant's financial
ability to construct, operate, maintain, relocate and remove the facilities.
11.
Information in sufficient detail to establish the applicant's
technical qualifications, experience and expertise regarding the telecommunications
facilities and services described in the application.
12.
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.
14.
Information sufficient to determine that the applicant has paid any encroachment deposit and other fees due under Chapter 8.02 of the Santee Municipal Code.
15.
Such other and further information as may be required by the City
Manager.
C.
Determination by the City. Within 180 days after receiving a complete application under subsection B of this section, the City Council shall issue a written determination granting or denying the application in whole or in part, applying the following standards. If the application is denied, the written determination shall include the reasons for denial.
1.
The
financial and technical ability of the applicant;
2.
The
legal ability of the applicant;
3.
The
capacity of the public ways to accommodate the applicant's proposed
facilities;
4.
The
capacity of the public ways to accommodate additional utility and
telecommunications facilities if the license is granted;
5.
The
damage or disruption, if any, of public or private facilities, improvements,
service, travel or landscaping if the license is granted;
6.
The
public interest in minimizing the cost and disruption of construction
within the public ways;
7.
The
service that applicant will provide to the community and region;
8.
The
effect, if any, on public health, safety and welfare if the license
is granted;
9.
The
availability of alternate routes and/or locations for the proposed
facilities;
10.
Applicable Federal and State telecommunications laws, regulations
and policies; and
11.
Such other factors as may demonstrate that the grant to use the public
ways will serve the community interest.
D.
Agreement.
No license granted hereunder shall be effective until the applicant
and the City have executed a written agreement setting forth the particular
terms and provisions under which the license to occupy and use public
ways of the City will be granted.
E.
Nonexclusive
Grant. No license granted under this chapter shall confer any exclusive
right, privilege, license or franchise to occupy or use the public
ways of the City for delivery of telecommunications services or any
other purposes.
F.
Rights
Granted. No license granted under this chapter shall convey any right,
title or interest in the public ways, but shall be deemed a license
only to use and occupy the public ways for the limited purposes and
term stated in the grant. Further, no license shall be construed as
any warranty of title.
G.
Term
of Grant. Unless otherwise specified in a license agreement, a telecommunications
license granted hereunder shall be in effect for a term of five years.
H.
License
Route. A telecommunications license granted under this chapter shall
be limited to a grant of specific public ways and defined portions
thereof.
I.
Location
of Facilities. Unless otherwise specified in a license agreement,
all facilities shall be constructed, installed and located in accordance
with the following terms and conditions:
1.
Telecommunications
facilities shall be installed within an existing underground duct
or conduit whenever excess capacity exists within such utility facility
and such capacity is reasonably available on a nondiscriminatory basis.
2.
A licensee with permission to install aboveground facilities shall install its telecommunications facilities subject to the Director of Development Services' findings required under Section 4.07.070(B) of this chapter, and then only if surplus space is available.
3.
Whenever
any existing electric utilities, cable facilities or telecommunications
facilities are located underground within a public way of the City,
a licensee with permission to occupy the same public way must also
locate its telecommunications facilities underground.
4.
Whenever
any new or existing electric utilities, cable facilities or telecommunications
facilities are located or relocated underground within a public way
of the City, a grantee that currently occupies the same public way
shall relocate its facilities underground within a reasonable period
of time, which shall not be later than the end of the grant term.
Absent extraordinary circumstances or undue hardship as determined
by the City, such relocation shall be made concurrently to minimize
the disruption of the public ways.
5.
Whenever
new telecommunications facilities will exhaust the capacity of a public
street or utility easement to reasonably accommodate future telecommunications
carriers or facilities, the grantee shall provide additional ducts,
conduits, manholes and other facilities for nondiscriminatory access
to future telecommunications carriers.
J.
Encroachment and Building. All licensees shall obtain applicable encroachment and building permits for telecommunications facilities as required in Section 4.07.070 of this chapter and Titles 11 and 13 of the Santee Municipal Code provided, however, that nothing in this chapter shall prohibit the City and a licensee from agreeing to alternative plan review, permit and construction procedures in a license agreement, provided such alternative procedures provide substantially equivalent safeguards for responsible construction practices.
K.
Trench Cut Fees. Each license granted under this chapter involving the excavation or any other work in the public way shall be subject to the payment of any encroachment deposits and other fees under Chapter 8.02 of the Santee Municipal Code, provided, however, that the City and licensee may provide otherwise in a license agreement.
L.
Compensation
to City. Each license granted under this chapter is subject to the
City's right, which is expressly reserved, to annually fix a
fair and reasonable compensation to be paid for the property rights
granted to the licensee; provided, nothing in this chapter shall prohibit
the City and a licensee from agreeing to the compensation to be paid.
M.
Service to City Users. A licensee may be permitted to offer or provide telecommunications services to the City, local school districts, or other persons or areas within the City upon submitting an application for approval pursuant to Section 4.07.040 hereof.
N.
Amendment
of License.
1.
A
new license application and approval shall be required of any telecommunications
carrier that desires to extend or locate its telecommunications facilities
in public ways of the City, which are not included in a license previously
granted under this chapter.
2.
If
ordered by the City to locate or relocate its telecommunications facilities
in public ways not included in a previously granted license, the City
shall grant a license amendment without further application.
O.
Renewal
Applications. A grantee that desires to renew its license under this
chapter shall, not less than 180 days before expiration of the current
license, file an application with the City for renewal of its license
which shall include the following information:
P.
Renewal Determinations. Within 180 days after receiving a complete application under subsection O, the City Council shall issue a written determination granting or denying the renewal application in whole or in part, applying the following standards. If the renewal application is denied, the written determination shall include the reasons for nonrenewal:
1.
The
financial and technical ability of the applicant;
2.
The
legal ability of the applicant;
3.
The
continuing capacity of the public ways to accommodate the applicant's
existing facilities;
4.
The
applicant's compliance with the requirement of this chapter
and the license agreement;
5.
Applicable
Federal, State and local telecommunications laws, rules and policies;
6.
Such
other factors as may demonstrate that the continued grant to use the
public ways will serve the community interest.
Q.
Obligation
to Cure as a Condition of Renewal. No license shall be renewed until
any ongoing violations or defaults in the licensee's performance
of the license agreement, or of the requirements of this chapter,
have been cured, or a plan detailing the corrective action to be taken
by the grantee has been approved by the City.
(Ord. 557 § 3, 2019)
A.
A telecommunications
franchise shall be required of any telecommunications carrier, other
than (1) cable television franchisees; (2) telephone companies; or
(3) other entities exempt from local franchise laws under State or
Federal law, who desires to occupy public ways of the City and to
provide telecommunications services to any person or area in the City.
B.
Franchise
Application. Any person that desires a telecommunications franchise
pursuant to this section shall file an application with the City 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 in a form satisfactory to the Director of Development
Services;
3.
A
description of the transmission medium that will be used by the franchisee
to offer or provide such telecommunications services;
4.
Preliminary
engineering plans, specifications and a network map of the facilities
to be located within the City, all in sufficient detail to identify:
a.
The location and route requested for the applicant's proposed
telecommunications facilities,
b.
The location of all aboveground and underground public utility, telecommunications,
cable, water, sewer drainage and other facilities in the public way
along the proposed route,
c.
The location(s), if any, for interconnection with the telecommunications
facilities of other telecommunications carriers,
d.
The specific trees, structures, improvements, facilities and obstructions,
if any, that applicant proposes to temporarily or permanently remove
or relocate;
5.
If the applicant is proposing to install aboveground facilities, evidence that surplus space is available for locating its telecommunications facilities on existing utility poles along the proposed route if the applicant is proposing to use utility poles, and that the Director of Development Services has made the findings required under Section 4.07.070(B);
6.
If
the applicant is proposing an underground installation in existing
ducts or conduits within the public ways, information in sufficient
detail to identify:
7.
If
the applicant is proposing an underground installation within new
ducts or conduits to be constructed within the public ways:
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 construct, operate, maintain, relocate and remove the facilities;
11.
Information in sufficient detail to establish the applicant's
technical qualifications, experience and expertise regarding the telecommunications
facilities and services described in the application;
12.
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;
13.
An accurate map showing the location of any existing telecommunications
facilities in the City that applicant intends to use or lease;
14.
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;
15.
A description of applicant's access and line extension policies;
16.
The area or areas of the City the applicant desires to serve and
a schedule for build-out to the entire franchise area;
18.
Payment of any encroachment deposit and other fees due under Chapter 8.02 of the Santee Municipal Code; and
19.
Such other and further information as may be requested by the City
Manager.
C.
Determination by the City. Within 180 days after receiving a complete application under Section 4.07.030(B), the City Council shall issue a written determination granting or denying the application in whole or in part, applying the following standards. If the application is denied, the written determination shall include the reasons for denial:
1.
The
financial and technical ability of the applicant;
2.
The
legal ability of the applicant;
3.
The
capacity of the public ways to accommodate the applicant's proposed
facilities;
4.
The
capacity of the public ways to accommodate additional utility and
telecommunications facilities if the franchise is granted;
5.
The
damage or disruption, if any, of public or private facilities, improvements,
service, travel or landscaping if the franchise is granted;
6.
The
public interest in minimizing the cost and disruption of construction
within the public ways;
7.
The
service that applicant will provide to the community and region;
8.
The
effect, if any, on public health, safety and welfare if the franchise
requested is granted;
9.
The
availability of alternate routes and/or locations for the proposed
facilities;
10.
Applicable Federal and State telecommunications laws, regulations
and policies; and
11.
Such other factors as may demonstrate that the grant to use the public
ways will serve the community interest.
D.
Agreement.
No franchise shall be granted hereunder unless the applicant and the
City have executed a written agreement setting forth the particular
terms and provisions under which the franchise to occupy and use public
ways of the City will be granted.
E.
Nonexclusive
Grant. No franchise granted under this chapter shall confer any exclusive
right, privilege, license or franchise to occupy or use the public
ways of the City for delivery of telecommunications services or any
other purposes.
F.
Term
of Grant. Unless otherwise specified in a franchise agreement, a telecommunications
franchise granted hereunder shall be valid for a term of 10 years.
G.
Rights
Granted. No franchise granted under this chapter shall convey any
right, title or interest in the public ways, but shall be deemed a
franchise only to use and occupy the public ways for the limited purposes
and term stated in the grant. Further, no franchise shall be construed
as any warranty of title.
H.
Franchise
Territory. A telecommunications franchise granted under this chapter
shall be limited to the specific geographic area of the City to be
served by the franchise grantee, and the specific public ways necessary
to serve such areas.
I.
Location
of Facilities. Unless otherwise specified in a franchise agreement,
all facilities shall be constructed, installed and located in accordance
with the following terms and conditions:
1.
Telecommunications
facilities shall be installed within an existing underground duct
or conduit whenever excess capacity exists within such utility facility
and such capacity is reasonably available on a nondiscriminatory basis.
2.
A franchisee with permission to install aboveground facilities shall install its telecommunications facilities subject to the Director of Development Services' findings required under Section 4.07.070(B), and then only if surplus space is available.
3.
Whenever
any existing electric utilities, cable facilities or telecommunications
facilities are located underground within a public way of the City,
a franchise with permission to occupy the same public way must also
locate its telecommunications facilities underground.
4.
Whenever
any new or existing electric utilities, cable facilities or telecommunications
facilities are located or relocated underground within a public way
of the City, a grantee that currently occupies the same public way
shall relocate its facilities underground within a reasonable period
of time, which shall not be later than the end of the grant term.
Absent extraordinary circumstances or undue hardship as determined
by the City Engineer, such relocation shall be made concurrently to
minimize the disruption of the public ways.
5.
Whenever
new telecommunications facilities will exhaust the capacity of the
public street or utility easement to reasonably accommodate future
telecommunications carriers or facilities, the grantee shall provide
additional ducts, conduits, manholes and other facilities for nondiscriminatory
access to future carriers.
J.
Encroachment and Building. All franchisees shall obtain applicable encroachment and building permits for telecommunications facilities as required in Section 4.07.070 of this chapter and Titles 8, 11, and 13 of the Santee Municipal Code; provided, however, that nothing in this chapter shall prohibit the City and a franchisee from agreeing to alternative plan review, permit and construction procedures in a franchise agreement, provided such alternative procedures provide substantially equivalent safeguards for responsible construction practices.
K.
Trench Cut Fees. Each franchise granted under this chapter involving the excavation or any other work in the public way shall be subject to the payment of any encroachment deposits and other fees due under Chapter 8.02 of the Santee Municipal Code; provided, however, that the City and licensee may provide otherwise in a franchise agreement.
L.
Compensation
to City. Each franchise granted under this chapter subject to the
City's right, which is expressly reserved, to annually fix a
fair and reasonable compensation to be paid for the property rights
granted to the franchisee; provided, nothing in this chapter shall
prohibit the City and a franchisee from agreeing to the compensation
to be paid.
M.
Nondiscrimination.
A franchisee shall make its telecommunications services available
to any customer within its franchise area who shall request such service,
without discrimination as to the terms, conditions, rates or charges
for grantee's services; provided, however, that nothing in this
chapter shall prohibit a franchisee from making any reasonable classifications
among differently situated customers.
N.
Service
to the City. A franchisee shall make its telecommunications services
available to the City and local school districts at its most favorable
rate for similarly situated users, unless otherwise provided in a
license or franchise agreement.
O.
Amendment
of Franchise.
1.
A
new franchise application and approval shall be required of any telecommunications
carrier that desires to extend its franchise territory or to locate
its telecommunications facilities in public ways of the City which
are not included in a franchise previously granted under this chapter.
2.
If
ordered by the City to locate or relocate its telecommunications facilities
in public ways not included in a previously granted franchise, the
City shall grant a franchise amendment without further application.
P.
Renewal
Applications. A grantee that desires to renew its franchise under
this chapter shall, not less than 180 days before expiration of the
current franchise, file an application with the City for renewal of
its franchise which shall include the following information:
Q.
Renewal Determinations. Within 180 days after receiving a complete application under subsection P hereof, the City Council shall issue a written determination granting or denying the renewal application in whole or in part, applying the following standards. If the renewal application is denied, the written determination shall include the reasons for nonrenewal:
1.
The
financial and technical ability of the applicant;
2.
The
legal ability of the applicant;
3.
The
continuing capacity of the public ways to accommodate the applicant's
existing facilities;
4.
The
applicant's compliance with the requirements of this chapter
and the franchise agreement;
5.
Applicable
Federal, State and local telecommunications laws, rules and policies;
and
6.
Such
other factors as may demonstrate that the continued grant to use the
public ways will serve the community interest.
R.
Obligation
to Cure as a Condition of Renewal. 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 chapter,
have been cured, or a plan detailing the corrective action to be taken
by the grantee has been approved by the City.
(Ord. 557 § 3, 2019)
A.
Purpose.
It is the purpose of this chapter to provide for the payment and recovery
of all direct and indirect costs and expenses of the City related
to the enforcement and administration of this chapter.
B.
Application
and Review Fee.
3.
An
applicant whose license or franchise application has been withdrawn,
abandoned or denied shall, within 60 days of its written request,
be refunded the balance of its deposit under this section, less all
ascertainable costs and expenses incurred by the City in connection
with the application.
C.
Other
City Costs. All license or franchise grantees shall, within 30 days
after written demand therefor, reimburse the City for all direct or
indirect costs and expenses incurred by the City in connection with
any modification, amendment, renewal or transfer of the license or
franchise or any license or franchise agreement.
D.
Reserved
Compensation for Public Ways. The City reserves its right to annually
fix a fair and reasonable compensation to be paid for the property
rights granted to a telecommunications license or franchise grantee.
Nothing in this chapter shall prohibit the City and a grantee from
agreeing to the compensation to be paid for the granted property rights.
E.
Compensation
for City Property. If the right is granted, by lease, license, franchise
or other manner, to use and occupy City property for the installation
of telecommunications facilities, the compensation to be paid shall
be fixed by the City.
G.
Annual
Fees. Unless otherwise agreed in a license or franchise grant agreement,
each license or franchise grantee shall pay an annual license fee
to the City as set by the City Council as reimbursement for the City's
costs in connection with reviewing, inspecting and supervising the
use and occupancy of the public ways on behalf of the public and existing
or future users.
H.
Regulatory Fees and Compensation Not a Tax. The regulatory fees and costs provided for in this chapter, and any compensation charged and paid for the public ways provided for in subsections D and E of this section, are separate from, and additional to, any and all Federal, State, local and City taxes as may be levied, imposed or due from a telecommunications carrier or provider, its customers or subscribers, or on account of the lease, sale, delivery or transmission of telecommunications services.
(Ord. 557 § 3, 2019)
A.
Location of Facilities. All facilities shall be constructed, installed and located in accordance with Chapter 8.02, Title 11 and Title 13 of the Santee Municipal Code, and in accordance with the following terms and conditions, unless otherwise specified in a license or franchise agreement:
1.
A
grantee shall install its telecommunications facilities within an
existing underground duct or conduit whenever excess capacity exists
within such utility facility and such capacity is reasonably available
on a nondiscriminatory basis.
2.
A grantee with permission to install aboveground facilities shall install its telecommunications facilities on pole attachments to existing utility poles only, subject to the Director of Development Services' findings under subsection B of this section, and then only if surplus space is available.
3.
Whenever
any existing electric utilities, cable facilities or telecommunications
facilities are located underground within a public way of the City,
a grantee with permission to occupy the same public way must also
locate its telecommunications facilities underground.
4.
Whenever
any new or existing electric utilities, cable facilities or telecommunications
facilities are located or relocated underground within a public way
of the City, a grantee that currently occupies the same public way
shall relocate its facilities underground within a reasonable period
of time, which shall not be later than the end of the grant term.
Absent extraordinary circumstances or undue hardship as determined
by the City Engineer, such relocation shall be made concurrently to
minimize the disruption of the public ways.
5.
Whenever
new telecommunications facilities will exhaust the capacity of a public
street or utility easement to reasonably accommodate future telecommunications
carriers or facilities, the grantee shall provide additional ducts,
conduits, manholes and other facilities for nondiscriminatory access
to future carriers.
B.
Design
Criteria for Aboveground Facilities. In approving or recommending
approval of the installation of aboveground facilities, the Director
of Development Services shall find that, where feasible:
1.
The
installation will occur on existing structures such as buildings,
water tanks, utility poles, sign standards, traffic signals, light
standards and roadway overpasses.
2.
The
installation will occur on property zoned or designated as industrial
or commercial.
3.
The
installation takes full advantage of opportunities to co-locate similar
facilities.
C.
Compliance
with Public Utilities Code. All license or franchise grantees shall,
before commencing any construction in the public ways, comply with
all regulations of the public utilities code.
D.
Encroachment and Building Permits. All license or franchise grantees are required to obtain construction permits for telecommunications facilities as required in Section 4.07.080 of this chapter and Titles 8 and 11 of the Santee Municipal Code. However, nothing in this chapter shall prohibit the City and a grantee from agreeing to alternative plan review, permit and construction procedures in a license or franchise agreement, provided such alternative procedures provide substantially equivalent safeguards for responsible construction practices.
E.
Interference
with the Public Ways. No license or franchise grantee may locate or
maintain its telecommunications facilities so as to unreasonably interfere
with the use of the public ways by the City, by the general public
or by other persons authorized to use or be present in or upon the
public ways. All such facilities shall be moved by the grantee, temporarily
or permanently, as determined by the City Engineer.
F.
Damage
to Property. No license or franchise grantee nor any person acting
on a grantee's behalf shall take any action or permit any action
to be done which may impair or damage any City property, public ways
of the City, other ways or other property located in, on or adjacent
thereto.
G.
Notice
of Work. Unless otherwise provided in a license or franchise agreement,
no license or franchise grantee, nor any person acting on the grantee's
behalf, shall commence any nonemergency work in or about the public
ways of the City or other ways without 10 working days advance notice
to the City and without compliance with Title 8 of this code.
H.
Repair
and Emergency Work. In the event of an unexpected repair or emergency,
a grantee may commence such repair and emergency response work as
required under the circumstances, provided the grantee shall notify
the City as promptly as possible, before such repair or emergency
work or as soon thereafter as possible if advance notice is not practicable.
I.
Maintenance
of Facilities. Each license or franchise grantee shall maintain its
facilities in good and safe condition and in a manner that complies
with all applicable Federal, State and local requirements.
J.
Relocation
or Removal of Facilities. Within 30 days following written notice
from the City, a license or franchise grantee shall, at its own expense,
temporarily or permanently remove, relocate, change or alter the position
of any telecommunications facilities within the public ways whenever
the corporate authorities shall have determined that such removal,
relocation, change or alteration is reasonably necessary for:
K.
Removal
of Unauthorized Facilities. Within 30 days following written notice
from the City, any grantee, telecommunications carrier, or other person
that owns, controls or maintains any unauthorized telecommunications
system, facility or related appurtenances within the public ways of
the City shall, at its own expense, remove such facilities or appurtenances
from the public ways of the City. A telecommunications system or facility
is unauthorized and subject to removal in the following circumstances:
1.
Upon
expiration or termination of the grantee's telecommunications
license or franchise;
2.
Upon
abandonment of a facility within the public ways of the City;
3.
If
the system or facility was constructed or installed without the prior
grant of a telecommunications license or franchise;
4.
If
the system or facility was constructed or installed without the prior
issuance of a required construction permit, encroachment permit, or
building permit; and
5.
If
the system or facility was constructed or installed at a location
not permitted by the grantee's telecommunications license or
franchise.
L.
Emergency
Removal or Relocation of Facilities. The City retains the right and
privilege to cut or move any telecommunications facilities located
within the public ways of the City, as the City may determine to be
necessary, appropriate or useful in response to any public health
or safety emergency.
M.
Damage
to Grantee's Facilities. Unless directly and proximately caused
by the willful, intentional or malicious acts by the City, the City
shall not be liable for any damage to or loss of any telecommunications
facility within the public ways of the City as a result of or in connection
with any public works, public improvements, construction, excavation,
grading, filling, or work of any kind in the public ways by or on
behalf of the City.
N.
Restoration
of Public Ways, Other Ways and City Property.
1.
When
a license or franchise grantee, or any person acting on its behalf,
does any work in or affecting any public ways, other ways or City
property, it shall, at its own expense, promptly remove any obstructions
therefrom and restore such ways or property to as good a condition
as existed before the work was undertaken, unless otherwise directed
by the City.
2.
If
weather or other conditions do not permit the complete restoration
required by this subsection, the grantee shall temporarily restore
the affected ways or property. Such temporary restoration shall be
at the licensee's or franchisee's sole expense and the
licensee or franchisee shall promptly undertake and complete the required
permanent restoration when the weather or other conditions no longer
prevent such permanent restoration.
3.
A
grantee or other person acting in its behalf shall use suitable barricades,
flags, flagmen, lights, flares and other measures as required for
the safety of all members of the general public and to prevent injury
or damage to any person, vehicle or property by reason of such work
in or affecting such ways or property.
O.
Facilities
Maps. Each license or franchise grantee shall provide the City with
an accurate map or maps certifying the location of all telecommunications
facilities within the public ways. Each grantee shall provide updated
maps annually.
P.
Duty
to Provide Information. Within 10 days of a written request from the
City Manager, each license or franchise grantee shall furnish the
City with information sufficient to demonstrate:
1.
That
grantee has complied with all requirements of this chapter;
2.
That
all municipal business license, sales, message and/or telecommunications
taxes and fees due the City in connection with the telecommunications
services and facilities provided by the grantee have been properly
collected and paid by the grantee; and
3.
All
books, records, maps and other documents, maintained by the grantee
with respect to its facilities within the public ways shall be made
available for inspection by the City at reasonable times and intervals.
Q.
Leased
Capacity. A license or franchise grantee shall have the right, without
prior City approval, to offer or provide capacity or bandwidth to
its customers, provided:
R.
Grantee
Insurance. Unless otherwise provided in a license or franchise agreement,
each grantee shall, as a condition of the grant, secure and maintain
the following liability insurance policies insuring both the grantee
and the City, and its elected and appointed officers, officials, agents
and employees as coinsureds:
2.
Automobile
liability for owned, nonowned and hired vehicles with a limit of $3,000,000.00
for each person and $3,000,000.00 for each accident;
3.
Workers
compensation within statutory limits and employers liability insurance
with limits of not less than $1,000,000.00;
4.
Comprehensive
form premises-operations, explosions and collapse hazard, underground
hazard and products completed hazard with limits of not less than
$3,000,000.00;
5.
The
liability insurance policies required by this section shall be maintained
by the grantee throughout the term of the telecommunications license
or franchise, and such other period of time during which the grantee
is operating without a franchise or license hereunder, or is engaged
in the removal of its telecommunications facilities. Each such insurance
policy shall contain the following endorsement:
"It is hereby understood and agreed that this policy may
not be canceled nor the intention not to renew be stated until 90
days after receipt by the City, by registered mail, of a written notice
addressed to the City Manager of such intent to cancel or not to renew."
6.
Within
60 days after receipt by the City of said notice, and in no event
later than 30 days prior to said cancellation, the grantee shall obtain
and furnish to the City replacement insurance policies meeting the
requirements of this subsection.
S.
General
Indemnification. Each license or franchise agreement shall include,
to the extent permitted by law, grantee's express undertaking
to defend, indemnify and hold the City and its officers, employees,
agents and representatives harmless from and against any and all damages,
losses and expenses, including reasonable attorney's fees and
costs of suit or defense, arising out of, resulting from or alleged
to arise out of or result from the negligent, careless or wrongful
acts, omissions, failures to act or misconduct of the grantee or its
affiliates, officers, employees, agents, contractors or subcontractors
in the construction, operation, maintenance, repair or removal of
its telecommunications facilities, and in providing or offering telecommunications
services over the facilities or network, whether such acts or omissions
are authorized, allowed or prohibited by this chapter or by a license
or franchise agreement made or entered into pursuant to this chapter.
T.
Performance
and Construction Surety. Before a license for franchise granted pursuant
to this chapter is effective, and as necessary thereafter, the grantee
shall provide and deposit such monies, bonds, letters of credit or
other instruments in form and substance acceptable to the City as
may be required by this chapter or by an applicable license or franchise
agreement.
U.
Security
Fund. Each grantee shall establish a permanent security fund with
the City by depositing the amount of $50,000.00 with the City in cash,
an unconditional letter of credit, or other instrument acceptable
to the City, which fund shall be maintained at the sole expense of
grantee so long as any of grantee's telecommunications facilities
are located within the public ways of the City.
1.
The
fund shall serve as security for the full and complete performance
of this chapter including any costs, expenses, damages or loss the
City pays or incurs because of any failure attributable to the grantee
to comply with the codes, ordinances, rule, regulations or permits
of the City.
2.
Before
any sums are withdrawn from the security fund, the City shall give
written notice to the grantee:
a.
Describing the act, default or failure to be remedied, or the damages,
cost or expenses which the City has incurred by reason of grantee's
act or default;
b.
Providing a reasonable opportunity for grantee to first remedy the
existing or ongoing default or failure, if applicable;
c.
Providing a reasonable opportunity for grantee to pay any monies
due the City before the City withdraws the amount thereof from the
security fund, if applicable; and
d.
That the grantee will be given an opportunity to review the act,
default or failure described in the notice with the City Manager or
designee.
3.
Grantees
shall replenish the security fund within 14 days after written notice
from the City that there is a deficiency in the amount of the fund.
V.
Construction and Completion Bond. Unless otherwise provided in a license or franchise agreement, each grantee of a license or franchise issued under this chapter, shall, in addition to encroachment deposits required under Chapter 8.02 of this code, post a performance bond written by a corporate surety acceptable to the City equal to at least 100% of the estimated cost of constructing grantee's telecommunications facilities within the public ways of the City.
1.
The
construction bond shall remain in force until 60 days after substantial
completion of the work, as determined by the City Engineer, including
restoration of public ways and other property affected by the construction.
2.
The
construction bond shall guarantee, to the satisfaction of the City:
a.
Timely completion of construction;
b.
Construction in compliance with applicable plans, permits, technical
codes and standards;
c.
Proper location of the facilities as specified by the City;
d.
The submission of "as-built" drawings after completion
of the work as required by this chapter; and
e.
Timely payment and satisfaction of all claims, demands or liens for
labor, material or services provided in connection with the work.
W.
Coordination
of Construction Activities. All grantees are required to cooperate
with the City and with each other.
1.
By
February 1 of each year, grantees shall provide the City with a schedule
of their proposed construction activities in, around or that may affect
the public ways.
2.
Each
grantee shall meet with the City, other grantees and users of the
public ways annually or as determined by the City to schedule and
coordinate construction in the public ways.
3.
All
construction locations, activities and schedules shall be coordinated,
as ordered by the City Engineer, to minimize public inconvenience,
disruption or damages.
X.
Assignments
or Transfers of Grant. Ownership or control of a telecommunications
system license or franchise may not, directly or indirectly, be transferred,
assigned or disposed of by sale, lease, merger, consolidation or other
act of the grantee, by operation of law or otherwise, without the
prior consent of the City, which consent shall not be unreasonably
withheld or delayed, as expressed by ordinance and then only on such
reasonable conditions as may be prescribed therein.
1.
No
grant shall be assigned or transferred in any manner until 12 months
after the initial grant of the license or franchise, unless otherwise
provided in a license or franchise agreement.
2.
Absent
extraordinary and unforeseeable circumstances, no grant, system or
integral part of a system shall be assigned or transferred before
construction of the telecommunications system has been completed.
3.
Grantee
and the proposed assignee or transferee of the grant or system shall
provide and certify the following information to the City not less
than 150 days prior to the proposed date of transfer:
4.
No
transfer shall be approved unless the assignee or transferee has the
legal, technical, financial and other requisite qualifications to
own, hold and operate the telecommunications system pursuant to this
chapter.
5.
Unless
otherwise provided in a license or franchise agreement, the grantee
shall reimburse the City for all direct and indirect fees, costs,
and expenses reasonably incurred by the City in considering a request
to transfer or assign a telecommunications license or franchise.
6.
Any
transfer or assignment of a telecommunications grant, system or integral
part of a system, without prior approval of the City under this subsection
or pursuant to a license or franchise agreement, shall be void and
is cause for revocation of the grant.
Y.
Transactions Affecting Control of Grant. Any transactions which singularly or collectively result in a change of 10% or more of the ownership or working control of the grantee, of the ownership or working control of a telecommunications license or franchise, of the ownership or working control of affiliated entities having ownership or working control of the capacity or bandwidth of grantee's telecommunications system, facilities or substantial parts thereof, shall be considered an assignment or transfer requiring City approval pursuant to subsection X of this section. Transactions between affiliated entities are not exempt from City approval.
Z.
Revocation
or Termination of Grant. A license or franchise granted by the City
to use or occupy public ways of the City may be revoked for the following
reasons:
1.
Construction
or operation in the City or in the public ways of the City without
a license or franchise grant of authorization;
2.
Construction
or operation at an unauthorized location;
3.
Unauthorized
substantial transfer of control of the grantee;
4.
Unauthorized
assignment of a license or franchise;
5.
Unauthorized
sale, assignment or transfer of grantee's franchise or license
assets, or a substantial interest therein;
6.
Misrepresentation
or lack of candor by or on behalf of a grantee in any application
to the City;
7.
Abandonment
of telecommunications facilities in the public ways;
8.
Failure
to relocate or remove facilities as required in this chapter;
9.
Failure
to pay taxes, compensation, fees or costs when and as due to the City;
10.
Insolvency or bankruptcy of the grantee;
11.
Violation of material provisions of this chapter;
12.
Violations of the material terms of a license or franchise agreement.
AA.
Notice
and Duty to Cure. In the event that the City Manager believes that
grounds exist for revocation of a license or franchise, he or she
shall give the grantee written notice of the apparent violation or
noncompliance, providing a short and concise statement of the nature
and general facts of the violation or noncompliance, and providing
the grantee a reasonable period of time not exceeding 30 days to furnish
evidence:
BB.
Hearing.
In the event that a grantee fails to provide evidence reasonably satisfactory
to the City Manager as provided in subsection AA hereof, the manager
shall refer the apparent violation or noncompliance to the corporate
authorities. The City Council shall provide the grantee with notice
and a reasonable opportunity to be heard concerning the matter.
CC.
Standards
for Revocation or Lesser Sanctions. If persuaded that the grantee
has violated or failed to comply with material provisions of this
chapter, or of a franchise or license agreement, the corporate authorities
shall determine whether to revoke the license or franchise, or to
establish some lesser sanction and cure, considering the nature, circumstances,
extent and gravity of the violation as reflected by one or more of
the following factors:
1.
Whether
the misconduct was egregious;
2.
Whether
substantial harm resulted;
3.
Whether
the violation was intentional;
4.
Whether
there is a history of prior violations of the same or other requirements;
5.
Whether
there is a history of overall compliance;
6.
Whether
the violation was voluntarily disclosed, admitted or cured.
(Ord. 557 § 3, 2019)
A.
General.
No person, unless exempt from this section by operation of State or
Federal law, shall commence or continue with the construction, installation
or operation of telecommunications facilities within the City except
as provided in this section.
C.
Encroachment
and Building Permits. No person shall construct or install any telecommunications
facilities within the City without first obtaining a construction
permit therefor; provided, however:
D.
Applications.
Applications for permits to construct telecommunications facilities
shall be submitted upon forms to be provided by the City and shall
be accompanied by drawings, plans and specifications in sufficient
detail to demonstrate:
1.
That
the facilities will be constructed in accordance with all applicable
codes, rules and regulations;
2.
The location and appearance of all facilities to be installed above ground as documented to the satisfaction of the Director of Development Services pursuant to the criteria in Section 4.07.070(B);
3.
The
location and route of all facilities to be located under the surface
of the ground, including the line and grade proposed for the burial
at all points along the route which are within the public ways;
4.
The
location of all existing underground utilities, conduits, ducts, pipes,
mains and installations which are within the public ways along the
underground route proposed by the applicant;
5.
The
location of all other facilities to be constructed within the City
but not within the public ways;
6.
The
construction methods to be employed for protection of existing structures,
fixtures and facilities within or adjacent to the public ways;
7.
The
location, dimension and types of all trees within or adjacent to the
public ways along the route proposed by the applicant, together with
a landscape plan for protecting, trimming, removing, replacing and
restoring any trees or areas to be disturbed during construction.
E.
Engineer's
Certification. All permit applications shall be accompanied by the
certification that the drawings, plans and specifications submitted
with the application comply with applicable technical codes, rules
and regulations.
F.
Traffic
Control Plan. All permit applications which involve work on, in, under,
across or along any public ways shall be accompanied by a traffic
control plan demonstrating the protective measures and devices that
will be employed, to the satisfaction of the City Engineer, to prevent
injury or damage to persons or property and to minimize disruptions
to efficient pedestrian and vehicular traffic.
G.
Issuance
of Permits. Within 45 days after submission of all plans and documents
required of the applicant and payment of the fees and deposits required
by this code the City Engineer, if satisfied that the applications,
plans and document comply with all requirements of this code, shall
issue a permit authorizing construction of the facilities, subject
to such further conditions, restrictions or regulations affecting
the time, place and manner of performing the work as he or she may
deem necessary or appropriate.
H.
Construction
Schedule. The permittee shall submit a written construction schedule
to the City Engineer 10 working days before commencing any work in
or about the public ways. The permittee shall further notify the City
Engineer not less than two working days in advance of any excavation
or work in the public ways.
I.
Compliance
with Permit. All construction practices and activities shall be in
accordance with the permit and approved final plans and specifications
for the facilities. The City Engineer and his or her representatives
shall be provided access to the work and such further information
as he or she may require to ensure compliance with such requirements.
J.
Display
of Permit. The permittee shall maintain a copy of the construction
permit and approved plans at the construction site, which shall be
displayed and made available for inspection by the City Engineer or
his or her representatives at all times when construction work is
occurring.
K.
Survey
of Underground Facilities. If the construction permit specifies the
location of facilities by depth, line, grade, proximity to other facilities
or other standard, the permittee shall cause the location of such
facilities to be verified by a registered California land surveyor.
The permittee shall relocate any facilities which are not located
in compliance with permit requirements.
L.
Noncomplying
Work. Upon order of the City Engineer, all work which does not comply
with the permit, the approved plans and specifications for the work,
or the requirements of this title, shall be removed.
M.
Completion
of Construction. The permittee shall promptly complete all construction
activities so as to minimize disruption of the City ways and other
public and private property. All construction work authorized by a
permit within City ways, including restoration, must be completed
within 120 days of the date of issuance.
N.
As-Built
Drawings. Within 60 days after completion of construction, the permittee
shall furnish the City with two complete sets of plans, drawn to scale
and certified to the City as accurately depicting the location of
all telecommunications facilities constructed pursuant to the permit.
O.
Restoration
of Improvements. Upon completion of any construction work, the permittee
shall promptly repair any and all public ways and provide property
improvements, fixtures, structures and facilities in the public ways
or otherwise damaged during the course of construction, restoring
the same as nearly as practicable to its condition before the start
of construction.
P.
Landscape
Restoration.
1.
All
trees, landscaping and grounds removed, damaged or disturbed as a
result of the construction, installation, maintenance, repair or replacement
of telecommunications facilities, whether such work is done pursuant
to a franchise, license or permit shall be replaced or restored as
nearly as may be practicable, to the condition existing prior to performance
of work.
2.
All
restoration work within the public ways shall be done in accordance
with landscape plans approved by the City Engineer.
Q.
Construction Surety. Prior to issuance of a construction permit, the permittee shall provide a performance bond, as provided in Section 4.07.070(V) of this chapter.
R.
Exceptions.
Unless otherwise provided in a license or franchise agreement, or
State or Federal law, all telecommunications carriers are subject
to the requirements of this chapter.
S.
Responsibility
of Owner. The owner of the facilities to be constructed and, if different,
the license or franchise grantee, are responsible for performance
of and compliance with all provisions of this chapter.
(Ord. 557 § 3, 2019)
