In order to enable the city to treat persons providing similar services similarly, as may be appropriate to comply with applicable law and considering differences in circumstances, and to comply with requirements of federal law which may require the city to separate its authority over cable systems from its authority over other providers of telecommunications services, the city requires individual franchises for the provision of particular services. The revocation of a franchise for one particular service in and of itself will not affect the authority of a franchise holder to continue to occupy the rights-of-way to provide services for which it holds other franchises. No franchise shall be exclusive. The issuance of a franchise shall not affect the city's right to itself construct, operate, or repair any communications facility, with or without a franchise.
(Ord. 1402 § 1(11.01.4.1), 2001)
An operator of a cable system must obtain a franchise prior to constructing a cable system or providing cable service. An operator of a telecommunications facility must obtain a franchise prior to constructing a telecommunications facility or providing telecommunications services. An operator of an open video system must obtain a franchise before constructing an open video system or providing services via an open video system. The fact that a particular franchised communications facility may be used for multiple purposes does not obviate the need to obtain a franchise for other purposes, unless applicable federal or state law prohibits the city from requiring such additional franchise. By way of illustration and not limitation, unless the requirement is prohibited by applicable federal or state law, a cable operator of a cable system must obtain a cable franchise and, should it intend to provide telecommunications services over the same facilities, must also obtain a telecommunications franchise. A reseller or a programmer uses the public rights-of-way subject to the condition that it may be required to obtain a license upon request of the city, and to pay compensation for such use as required by the city, subject to limits imposed by state law. No franchise shall become effective without the franchisee signing an acceptance of the ordinance which grants it the franchise.
(Ord. 1402 § 1(11.01.4.2), 2001)
Subject to the requirements of applicable law, a franchise requirement and the franchise application process may be waived in whole or in part for a telecommunications system where the city determines the use of the public rights-of-way is de minimis (i.e., uses only a short distance of street or occupies only a small isolated area of a specific street). For such facilities, the city may issue a license. In addition, every private communications system owner must obtain a license. Every license shall include or be read to include, as if stated therein, a reservation of rights by the city to require the licensee to obtain a franchise if the city determines that the license is being used in a manner that creates a competitive advantage for that operator or otherwise unduly discriminates in favor of such entity. In any case, the license must provide that if limitations of the license are violated, the entity must pay at least the corresponding maximum franchise fee required by this title.
(Ord. 1402 § 1(11.01.4.3), 2001)
The city does hereby request that any operator now providing telecommunications service within the city over an existing telecommunication system within the public rights-of-way of the city without having a franchise from the city granting and allowing such use at the time this provision becomes effective apply for a franchise from the city for such use of the public rights-of-way. In the event such operator fails to request a franchise within 30 days from the effective date of this provision of the FMC and such operator submits evidence satisfactory to the city that it is involved in pending litigation wherein the operator claims the operator has an existing state-wide grant to occupy the public right-of-way or the operator otherwise submits a nonfrivolous and documented claim that it has an existing state-wide grant to occupy public right-of-way, including streets in the city of Fife, then in such event the requirement for obtaining a franchise for the continued use of public right-of-way in Fife for existing wireline facilities will be suspended until there is a final judicial decision resolving the issue or the city by decision of its city council determines that the best interests of the city will be served by terminating the suspension of the requirement to obtain a franchise. The suspension of any franchise required hereunder shall not constitute a consent or permission by the city to occupy the public right-of-way by the operator for any use, nor shall it be construed as a waiver of any right of the city to require the operator to hereafter at any time to obtain a franchise or to remove any or all of its facilities in the public right-of-way at any time upon its failure to obtain a franchise. In the event an operator fails to obtain a franchise as herein requested and the franchise requirement is suspended as herein provided then the operator shall be required to apply for and obtain a special street use permit as provided by Chapter 11.07 FMC prior to constructing or placing any wireline telecommunication facility in the public right-of-way except for those facilities which the operator is authorized to construct or place pursuant to a franchise obtained from the city.
(Ord. 1402 § 1(11.01.4.4), 2001)
A. 
Neither a franchise nor a license shall convey title, equitable or legal, in the public rights-of-way. The right granted is only the right to occupy those portions of the public rights-of-way to which the city has the right to grant access, for the purposes and for the period stated in the franchise or license, and, subject to the limitations in this section and elsewhere in this title, the right may not be subdivided or subleased. A franchise, permit or license shall not grant a vested right for any facility to be located or to remain at any specific location in the public right-of-way and any right, permission or consent to occupy any location in the public right-of-way shall be revocable and terminable at the discretion of the city and the facility therein removed at the cost of the operator in order to allow free and unencumbered use of the public right-of-way for public work or other public purpose as may be in the best public or municipal interest as determined by the city. Every franchise shall be:
1. 
Deemed to include all the provisions that are required to be in a franchise under this title, as if fully set forth in the franchise;
2. 
Deemed to provide for forfeiture under the circumstances set forth in the provisions of this title and any franchise ordinance thereunder; and
3. 
Construed to exclude the grant of any rights in any easement granted for or in favor of any city or public utility facilities or operations, unless the franchise or license shall expressly state otherwise.
B. 
No reference herein, or in any franchise, permit or license, to a public right-of-way shall be deemed to be a representation or guarantee by the city that its interest or other right to control the use of such property is sufficient to permit its use for such purposes, and a franchise shall be deemed to grant no more than those rights which the city may have the undisputed right and power to give.
(Ord. 1402 § 1(11.01.4.5), 2001)