A franchise shall be required of any provider of services that are subject to Article 5 (Franchises Generally), desires to occupy public ways of the City and desires to provide services to any person or area in the City.
(Ord. 97-21, 1997; Ord. 13-07, 2013)
Any person that desires a franchise subject to the Franchise Right-of-Way Act, Sections 7.370 to 7.499 shall file an application with the City Recorder's office which shall include the following information:
A. 
The identity of the franchise applicant, including all affiliates of the applicant.
B. 
A description of the services that are or will be offered or provided by the franchise applicant over its existing or proposed facilities.
C. 
A description of the transmission medium that will be used by the franchisee to offer or provide the services.
D. 
Preliminary engineering plans, specifications and a network map of the facilities to be located within the City, all in sufficient detail to identify:
1. 
The location and route requested for applicant's proposed utility facilities.
2. 
The location of all overhead and underground public utility, electricity, gas, telecommunication, cable, water, sewer drainage and other facilities in the public way along the proposed route.
3. 
The location(s), if any, for interconnection with the utility facilities of other service providers.
4. 
The specific trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate.
E. 
If applicant is proposing to install overhead facilities, evidence that underground installation is not possible and that surplus space is available for locating its utility facilities on existing utility poles along the proposed route.
F. 
The location proposed for the new ducts or conduits if applicant is proposing an underground installation within new ducts or conduits to be constructed within the public ways.
G. 
A preliminary construction schedule and completion dates.
H. 
A preliminary traffic control plan in accordance with the Manual on Uniform Traffic Control Devices.
I. 
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.
J. 
Information in sufficient detail to establish the applicant's technical qualifications, experience and expertise regarding the utility facilities and services described in the application.
K. 
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 services.
L. 
Whether the applicant intends to provide cable service, video dialtone service or other video programming service, and sufficient information to determine whether such service is subject to cable franchising.
M. 
An accurate map showing the location of any existing utility facilities in the City that applicant intends to use or lease.
N. 
A description of the services or facilities that the applicant may propose to offer or make available to the City and other public, educational and governmental institutions.
O. 
A description of applicant's access and line extension policies.
P. 
If applicable, the area or areas of the City the applicant desires to serve and a schedule for build-out to the entire franchise area.
Q. 
All fees, deposits or charges required pursuant to the Franchise Right-of-Way Act, Sections 7.370 to 7.499.
R. 
Such other and further information as may be requested by the City Manager.
(Ord. 97-21, 1997; Ord. 13-07, 2013; Ord. 19-12 § 1, 2019)
Within 150 days after receiving a complete application, 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.
A. 
The capacity of the public ways to accommodate the applicant's proposed facilities.
B. 
The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the franchise is granted.
C. 
The public interest in minimizing the cost and disruption of construction within the public ways.
D. 
The service that applicant will provide to the community and region.
E. 
The availability of alternate routes and/or locations for the proposed facilities.
F. 
Such other factors as may demonstrate that the grant to use the public ways will serve the community interest.
(Ord. 97-21, 1997; Ord. 13-07, 2013)
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.
(Ord. 97-21, 1997; Ord. 13-07, 2013)
No franchise granted hereunder shall confer any exclusive right, privilege, franchise to occupy or use the public ways of the City for delivery of the services or any other purposes.
(Ord. 97-21, 1997; Ord. 13-07, 2013)
Unless otherwise specified in a franchise agreement, a franchise granted hereunder shall be valid for a term of 10 years.
(Ord. 97-21, 1997; Ord. 13-07, 2013)
No franchise granted hereunder 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.
(Ord. 97-21, 1997; Ord. 13-07, 2013)
Unless otherwise specified in a franchise agreement, all facilities shall be constructed, installed and located in accordance with the following terms and conditions:
A. 
All new telecommunication facilities and electric facilities shall be installed underground unless the Public Works Director determines that extraordinary circumstances make overhead installation necessary.
B. 
Telecommunications and electric facilities shall be installed within an existing underground duct or conduit whenever excess capacity exists within such utility facility.
(Ord. 97-21, 1997; Ord. 13-07, 2013)
All franchisees are required to obtain construction permits for utility facilities to be constructed within the public ways as required in Sections 7.451 to 7.478; provided, however, that nothing herein 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.
(Ord. 97-21, 1997; Ord. 13-07, 2013)
Each franchise granted hereunder is subject to the City's right, which is expressly reserved, to annually fix a fair and reasonable compensation to be paid for the use of the public ways granted to the franchisee pursuant to Section 7.443; provided, nothing herein shall prohibit the City and a franchisee from agreeing to the compensation to be paid.
(Ord. 97-21, 1997; Ord. 13-07, 2013)
A franchisee shall make its services available to the City at rates charged to similarly situated users, unless otherwise provided in a franchise agreement.
(Ord. 97-21, 1997; Ord. 13-07, 2013)
A grantee that desires to renew its franchise under this article shall, not more than 240 days, or less than 150 days before expiration of the current franchise, file an application with the City Recorder's office for renewal of its franchise which shall include the following information:
A. 
The information required pursuant to Section 7.406.
B. 
Any information required pursuant to the franchise agreement between the City and the grantee.
(Ord. 97-21, 1997; Ord. 13-07, 2013)
Within 150 days after receiving a complete application under Section 7.419, 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.
A. 
The continuing capacity of the public ways to accommodate the applicant's existing facilities.
B. 
The applicant's compliance with the requirements of this Act and the franchise agreement.
C. 
Such other factors as may demonstrate that the continued grant to use the public ways will serve the community interest.
(Ord. 97-21, 1997; Ord. 13-07, 2013)
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 Act, have been cured, or a plan detailing the corrective action to be taken by the grantee has been approved by the City.
(Ord. 97-21, 1997; Ord. 13-07, 2013)