It is the purpose of this chapter to require an operator of an existing telecommunication system, who does not have a franchise from the city and to whom the requirement for obtaining a franchise has been suspended under FMC 11.01.070, to fully comply with all requirements which are applicable to other operators of telecommunication systems for use of the public right-of-way to the extent such requirements may legally be imposed.
(Ord. 1402 § 1(11.07.1), 2001)
The term "special operator," as used herein, means an operator of a telecommunications system who has not obtained a franchise as requested pursuant to FMC 11.01.070 and to whom the requirement to obtain a franchise has been suspended pursuant to FMC 11.01.070 as to wireline facilities.
(Ord. 1402 § 1(11.07.2), 2001)
A special operator must, within 180 days after the effective date of the ordinance codified in this title (unless an extension be granted by the city), apply for and obtain a special street use permit prior to construction, installing or replacing any telecommunication facilities in the public rights-of-way. No special use permit shall become effective until approved by the city manager and accepted by the special operator.
(Ord. 1402 § 1(11.07.3), 2001)
The requirements for obtaining a special use street permit may be waived if the special operator and the city enter into an agreement (hereafter "street use agreement") providing for the manner and regulation of the use of public rights-of-way by the special operator for wireline telecommunication facilities and under which the special operator has agreed to comply with terms and conditions relating to the use of the public rights-of-way which are satisfactory to the city and which agreement, to the extent required or permitted by applicable law, obligates the special operator to comply with use and regulatory requirements relating to the management and use of public rights-of-way which are applicable to other telecommunication service providers.
(Ord. 1402 § 1(11.07.4), 2001)
A special operator shall, as part of any application or request for a special street use permit or a street use agreement, be obligated to pay to the city an amount that allows the city to recover its actual administrative expense incurred in receiving, reviewing, processing, considering, denying or approving the issuance, renewal, transfer or modification of a special use permit or street use agreement and the construction, administration and inspection of the facilities and work performed in the public right-of-way. Such costs include, but are not limited to, the reasonable costs of outside technical consultants, legal fees and litigation expenses incurred by the city in such processing, denial or approval of the permit or street use agreement or incurred by the city for any appeal by the special operator pertaining to any action of the city relating to the receiving, processing, delaying, denying or approving the issuance, renewal, transfer, modification or termination of a special use permit or street use agreement. This requirement to pay the administrative costs is pursuant to the police powers of the city and as authorized by law and any obligation to pay such costs, including attorney fees, shall not be construed to arise by contract or to be incurred to enforce the provisions of a contract. As such expenses are incurred by the city the city shall submit to the special operator statements/billings for such expenses. The special operator shall make payment to the city for such expenses within 30 days of receipt of such statements/billings.
(Ord. 1402 § 1(11.07.5), 2001)
The city manager, with any needed technical and legal assistance, is authorized and directed to prepare application forms together with a description of the nature and extent of information to be provided by special operator in applying for a special street use permit. A special operator may request that the city enter into a street use agreement by giving written notice of such request to the city manager and the city will commence consideration and processing of such request upon receipt of a satisfactory commitment by the special operator to be responsible for the city's administrative costs with respect thereto.
(Ord. 1402 § 1(11.07.6), 2001)
The city manager, with any needed technical and legal assistance, is authorized and directed upon submission of a completed application by a special operator for a special use permit to prepare a special use permit which will incorporate the requirements which are intended to be included pursuant to this chapter and which will incorporate any specific requirements of the city manager or city engineer as to the construction, installation or replacement of the specific facility for which the special use permit has been requested. The completed special use permit together with recommendations and written comments thereon by city staff and the special operator will be submitted to the city council for consideration. The city manager may, as determined to be in the best interests of the city, and in the exercise of the authority herein granted, to the greatest extent allowed or not prohibited by applicable laws, approve, condition or deny the proposed special use permit.
(Ord. 1402 § 1(11.07.7), 2001)
If the special operator within 30 days after approval of the city manager: (A) accepts the terms and conditions of the special use permit by evidencing such acceptance thereon; (B) pays any costs and fees it is required to pay to the city relating to such permit; and (C) provides such bonds, insurance or other payments or documents it is required under the permit to provide to the city prior to the effective date of the permit, then the special use permit shall become effective. If the above conditions have not been met by the special operator within the 30-day period, the special use permit shall be null and void.
(Ord. 1402 § 1(11.07.8), 2001)
The term of a special use permit shall not exceed five years. A special use permit does not grant any vested right to have any facility installed thereunder to remain at a specific location in the public right-of way or to remain in the public right-of-way and is revocable at any time the city determines, in its discretion, that the special operator's facilities must be removed from their present location or from the street in order to facilitate a public work in the public right-of-way. Upon revocation of a special use permit or expiration of the term thereof, all facilities installed thereunder will be removed from the public right-of-way at the cost of the special operator. The facilities remaining at the expiration of the permit may remain at such location if prior to the permit expiration the special operator has obtained a renewal special use permit hereunder. The facilities which are to be removed to accommodate a public work upon revocation of a permit may be replaced and relocated at a different location in the same or nearby street if the special operator (permittee) obtains a new special use permit for such new location and bears the cost for any construction and installation of any facility at such new location.
(Ord. 1402 § 1(11.07.9), 2001)
Even in the absence of a special use permit or street use agreement, all requirements of this title or any other applicable FMC provision or ordinance which have been promulgated under the city's police or other regulatory powers shall apply and be enforceable against the special operator except to the extent, and only to that extent, the application and enforcement of any such requirement is expressly prohibited by applicable and valid laws.
(Ord. 1402 § 1(11.07.10), 2001)