Terms used in this chapter shall have the following meanings:
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 Acts.
The Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992, as amended by The Telecommunications Act of 1996 and as hereafter amended.
Cable operator.
An entity providing or offering to provide “cable service” within the city as that term is defined in the Cable Acts.
Cable service.
Shall have the same meaning as defined in the Cable Acts.
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.
Gross revenue.
Gross revenue shall mean all inflows or enhancements of assets or settlements of its liabilities (or a combination of both) of whatsoever kind and nature derived by the utility and, any affiliates, subsidiaries or parent of the utility on account of goods or services from the utility’s ongoing operations within the city, including any and all subsidies, discounts, rebates or other considerations or forbearances by the utility associated with the delivery of such goods and services within the city, but excluding gross revenues earned in interstate commerce or on the business of the United States Government and proceeds from the sale of bonds, mortgages, or other evidence of indebtedness, securities, or stocks, or sales at wholesale by one utility to another when the utility purchasing is not the ultimate consumer.
Internet service.
A service that includes computer processing applications, provides the user with additional or restructured information, or permits the user to interact with stored information through the Internet or a proprietary subscriber network. “Internet service” includes provision of Internet electronic mail, access to the Internet for information retrieval, and hosting of information for retrieval over the Internet or the graphical subnetwork called the world wide web. “Internet” means the international computer network of both federal and nonfederal interoperable packet switched data networks, including the graphical subnetwork called the world wide web.
Licensee.
Any entity required to be licensed hereunder, whether or not granted a license.
Person.
Any individual or entity engaging in activities regulated by this chapter.
Public safety radio system.
A radio system whose licensing and use of radio transmitters by state and local government and non-government entities is regulated by the Federal Communications Commission as engaged in public safety activities.
Public street.
Any highway, street, alley or other public right-of-way dedicated for motor vehicle travel under the jurisdiction and control of the city.
Public utility easement.
Any easement granted to the city, acquired, established, dedicated or devoted for access for public utility facilities for construction, operations, and maintenance purposes.
Public way.
Includes all public streets owned by the city and public utility easements granted to the city, as those terms are defined herein, but only to the extent of the city’s right, title, interest or authority to grant permission to occupy and use such streets and easements.
Tax administrator.
The finance director of the city or designee.
Telecommunications carrier.
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.
Telecommunications facilities or system.
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 service.
Telecommunications provider.
Includes every person who provides telecommunications service over telecommunications facilities.
Telecommunications service.
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 or any other 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 and without regard to the nature of the transmission protocol employed, but does not include:
(1) 
Cable television services;
(2) 
Private telecommunications network services;
(3) 
Over-the-air radio or television broadcasting to the public-at-large from facilities licensed by the Federal Communications Commission or any successor thereto;
(4) 
Direct-to-home satellite service within the meaning of Section 602 of the Telecommunications Act of 1996;
(5) 
Services provided solely for the purpose of providing Internet service to the consumer;
(6) 
Public safety radio systems;
(7) 
Mobile service within the meaning of 47 U.S.C. Section 153(33) (2012); and
(8) 
Services to devices exclusively utilizing electromagnetic spectrum unlicensed by the Federal Communications Commission.
Utility.
Any public utility as defined in ORS 757.005(1), excluding a municipal utility, any telecommunications utility as defined in ORS 759.005(1), any telecommunications carrier, telecommunications provider or other entity providing telecommunications service, electricity, heating services, or stormwater or wastewater collection.
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 the public ways of the city and used or to be used for the purpose of providing utility services. The term shall include all such things owned by the utility and all such things as the utility shall have a property interest in, including things held by the utility or on its behalf under a lease, rental agreement or indefeasible right of use for a term of years.
Utility services.
All services provided by a utility to customers located within the city limits of the city of Springfield or provided to customers wherever located using facilities physically located within the city limits of the city of Springfield.
(Section 4.600 added by Ordinance No. 5891, enacted May 18, 1998; amended by Ordinance No. 6203, enacted July 16, 2007; further amended by Ordinance No. 6270, enacted July 5, 2011; further amended by Ordinance No. 6311, enacted March 3, 2014; further amended by Ordinance No. 6323, enacted July 21, 2014)
A utility license shall be required of any utility who desires to provide service to persons in the city or to persons or areas outside the city using facilities located in the city. No utility shall provide services within the city nor shall such utility provide services outside the city using facilities located within the city unless licensed as provided herein. Any violation of the provisions of this chapter shall be a civil infraction as defined in Springfield Municipal Code section 5.602 subject to enforcement in accordance with Chapter V of this code. Carriers who utilize facilities of another licensed carrier for the distribution of their services shall be required to have a separate license. The purpose of licensing is to:
(1) 
Provide the city with accurate and current information concerning the utilities who offer utility services within the city, or that own or operate utility 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, permit or other fees or charges that may be due the city;
(4) 
Assist the city in monitoring compliance with local, and, to the extent authorized by law, with state and federal laws.
(Section 4602 added by Ordinance No. 5891, enacted May 18, 1998; amended by Ordinance No. 6203, enacted July 16, 2007)
Any utility that is required to have a utility license shall file an application, using the form provided for such purpose, with the public works department which shall include the following information:
(1) 
The identity of the license applicant, including all affiliates of the applicant.
(2) 
A description of the utility services that are or will be offered or provided by licensee.
(3) 
Information to establish that the applicant has obtained or has applied for all other governmental approvals and permits to construct and operate the facilities and to offer or provide the services. Such approvals include, without limitation, any land use decisions. In the event any other required government approval is not obtained any license granted hereunder shall be subject to modification to reflect the absence of such approval.
(4) 
All fees, deposits or charges required pursuant to this chapter.
(Section 4.604 added by Ordinance No. 5891, enacted May 18, 1998; amended by Ordinance No. 6203, enacted July 16, 2007)
Within 90 days after receiving a complete application under section 4.604 hereof, the public works director shall, if the application conforms with the requirements of this code, issue the license. If the application is denied, the denial shall be in writing and state the reasons for denial.
(Section 4.606 added by Ordinance No. 5891, enacted May 18, 1998; amended by Ordinance No. 6203, enacted July 16, 2007)
(1) 
The license granted hereunder shall authorize and permit the licensee, subject to the provisions of the Springfield Municipal Code, and other applicable provisions of state or federal law, to operate the utility and provide the utility services covered by the license. The license shall authorize the licensee to place facilities in, and occupy, the public ways of the city for so long as the licensee shall comply with the provisions of this code, and continue to hold any and all licenses and permits required by state or federal law for the provision of such services as covered by this license; provided, however that all work, construction, placement or operation of such facilities shall be in compliance with this code. Nothing in such license shall authorize the licensee to provide other or different services than those authorized by the license or to use the facilities or property of the city other than public ways, or the facilities or property of another, including agencies such as the Springfield utility board, which use, if any shall be subject to agreement with the owner of such facility or property and any applicable provisions of law. Nothing in such license shall operate or be construed as an approval of such business or a regulation of the practices of such business.
(2) 
The city reserves the right, in every event, without limitation, to:
(a) 
Construct, install, maintain and operate any public improvement, work or facility in, on, over or under the public ways;
(b) 
Perform or authorize or direct the performance of any work that the city may find desirable or convenient in, on, over or under any public way; or
(c) 
Vacate, alter, or close any public way; provided, however, that no vacation shall obligate a utility to remove or abandon any facility located within such public way; or
(d) 
Require, in the public interest, the removal or relocation, temporarily or permanently, of facilities maintained by the utility in the public ways of the city, pursuant to the provisions of Chapter 3 of this code.
(3) 
Whenever the city shall perform or cause or permit to be performed, any work in the public way or the vicinity of the public way where such work may disturb or interfere with a utility’s facilities, the city shall, or shall require its permittee, to notify, in writing, the utility sufficiently in advance of such contemplated work to enable utility to take such measures, including removal or relocation of such facilities, as may be deemed necessary to protect such facilities, at its own expense.
(4) 
Cable Service.
(a) 
Any licensee providing cable service shall provide public, educational and governmental channel capacity as provided in the Cable Acts. Unless otherwise provided in a public way use agreement, such channel capacity shall be substantially equivalent to that provided in the community by any other provider of cable service at the time the license is granted.
(b) 
Any licensee providing cable service shall, unless otherwise provided in a public way use agreement, as a condition of its license, file and comply with a plan for making service available to a reasonable proportion of all residential addresses within the city within a reasonable time of the commencement of service.
(Section 4.608 added by Ordinance No. 5891, enacted May 18, 1998; amended by Ordinance No. 6203, enacted July 16, 2007)
No license granted hereunder shall confer any exclusive right, privilege, license or franchise to occupy or use the public ways of the city for delivery of utility services or any other purposes.
(Section 4610 added by Ordinance 5891, enacted May 18, 1998; amended by Ordinance No. 6203, enacted July 16, 2007)
No license granted hereunder shall convey any right, title or interest in the public ways, but shall be deemed a license only to provide utility services and 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.
(Section 4612 added by Ordinance 5891, enacted May 18, 1998; amended by Ordinance No. 6203, enacted July 16, 2007)
A license granted hereunder shall be in effect for a term of five years.
(Section 4614 added by Ordinance 5891, enacted May 18, 1998; amended by Ordinance No. 6203, enacted July 16, 2007)
All holders of a license shall be obliged to coordinate their activities affecting the public ways and shall be obliged to participate in coordination meetings to be held by the city not less than annually for the purpose of facilitating such cooperation and coordination.
(Section 4.616 (formerly section 4.618) added by Ordinance No. 5891, enacted May 18, 1998; amended by Ordinance No. 6203, enacted July 16, 2007)
A new license application and grant shall be required of any utility that desires to extend additional or different services in the city which are not included in a license previously granted under this chapter.
(Section 4.618 (formerly section 4.622) added by Ordinance No. 5891, enacted May 18, 1998; amended by Ordinance No. 6203, enacted July 16, 2007)
A licensee that desires to renew its license shall, not more than 180 days nor less than 90 days before expiration of the current license, file an application with the city for renewal of its license which shall include the information required pursuant to section 4.604.
(Section 4.620 (formerly section 4.624) added by Ordinance No. 5891, enacted May 18, 1998; amended by Ordinance No. 6203, enacted July 16, 2007)
Within 90 days after receiving a complete application under section 4.620 hereof, the public works director shall issue a written determination applying the following standards, as applicable, and, if the application conforms with the requirements of this code, grant the application:
(1) 
Compliance with requirements of applicable state and federal laws and regulations.
(2) 
The applicant’s compliance with the requirements of this chapter and any public way use agreement. If the renewal application is denied, the written determination shall include the reasons for non-renewal.
(Section 4.622 added by Ordinance No. 6203, enacted July 16, 2007)
No license shall be renewed until any existing violations or defaults in the licensee’s performance of the requirements of this chapter, have been cured, or a plan detailing the corrective action to be taken by the licensee has been approved by the city.
(Section 4.624 added by Ordinance No. 6203, enacted July 16, 2007)