The operator of any facility, the operation of which is required to be franchised or licensed under this title, other than a person holding a lease under FMC 11.01.410, shall have three months from the effective date of the ordinance codified in this title to file one or more applications for a franchise or a license under this title. Any operator or private communications system owner timely filing such an application shall not be subject to a penalty under FMC 11.01.270 for failure to have such a franchise or license as long as said application remains pending; provided, however, nothing herein shall relieve any communications system operator of any liability for its failure to obtain any franchise, permit or other authorization required under other provisions of the Fife Municipal Code, and nothing herein shall prevent the city from requiring removal of any facilities installed in violation of the Fife Municipal Code.
(Ord. 1402 § 1(11.01.9.1), 2001)
Any person holding an outstanding franchise or license from the city for a communications system to provide specified services or for a private communications system may continue to operate under the existing franchise or license to the conclusion of its present term (but not any renewal or extension thereof) with respect to those activities expressly authorized by the franchise or license; provided, however, that such franchisee or licensee may elect at any time to apply for a superseding franchise or license under this title and must seek additional franchises or licenses to provide other services; and provided further, that such person shall be subject to the other provisions of this title to the extent permitted by law; provided further, that licenses that are revocable at will may be revoked by the city, and the licensee may be required to obtain a new license under this title.
(Ord. 1402 § 1(11.01.9.2), 2001)
Any lessee under a lease from the city for an antenna site located in the right-of-way that is valid and in force on the effective date of the ordinance codified in this title may continue to occupy such antenna site to the conclusion of the term of the lease (but not any renewal or extension thereof) in accordance with the terms of such lease; provided, however, that such lessee may elect at any time to apply for a superseding lease, franchise or license under this title.
(Ord. 1402 § 1(11.01.9.3), 2001)
Pending applications shall be subject to this title. A person with a pending application shall be provided 30 days from the effective date of the ordinance codified in this title to submit additional information to comply with the requirements of this title governing applications.
(Ord. 1402 § 1(11.01.9.4), 2001)
It is anticipated additional time will be needed for a time after the effective date of the ordinance codified in this title to prepare and negotiate the initial franchise agreement with operators who are required to obtain a franchise hereunder in order to place facilities in the public right-of-way. Persons filing applications for a franchise under this title within six months after the effective date of the ordinance codified in this title (or within such longer period as approved by the city council) may, if approved in the discretion of the city council, be allowed to temporarily place and operate facilities in the public right-of-way for a period not to exceed two years pending the granting or denial of the applied for franchise, in accordance with the terms of a temporary street use agreement as approved by the city council.
(Ord. 1402 § 1(11.01.9.5), 2001)
It is the intent of the city to apply the provisions of this title to communications system operators, including local exchange carriers that now occupy or may in the future occupy public rights-of-way, except to the extent federal or state law prevents it from doing so.
(Ord. 1402 § 1(11.01.9.6), 2001)