A.
This article shall apply to internet service providers that: (1) do not operate as telephone companies regulated by the California Public Utilities Commission (CPUC); (2) do not have state preemptive law to use the public right-of-way under Public Utilities Code Section 7901(3); and do not have a statewide franchise under the Digital Infrastructure and Video Competition Act.
B.
Permittees within the scope of this article shall be subject to microtrenching installation standards recommended by the director, adopted by resolution of the city council, and as may be amended from time to time. In the event of a conflict between the provisions of this chapter and the microtrenching installation standards adopted by the city council, the microtrenching installation standards adopted by the city council by resolution shall control.
C.
Permittees within the scope of this article shall enter into a license agreement or other similar agreement with the city for operation in the city's rights-of-way. Such license agreement or similar agreement may contain provisions that vary from the provisions of this chapter including provisions related to fees and costs and may vary from the provisions of a fee resolution adopted by the city council. In the absence of a contrary provision contained in the license agreement or other agreement, the requirements of this chapter shall apply to permittees within the scope of this article.
(Ord. 527, 4/16/2025[1])