A.
No person shall use or occupy the streets as a telecommunications
provider, or construct, operate or maintain equipment in the streets
used to provide telecommunications, without a franchise or revocable
license granted by the City. A franchise or revocable license granted
in accordance with the provisions of this ordinance shall not be construed
to grant any rights or authorization to provide cable services in
the City, and any person seeking to provide cable services in the
City shall first obtain a separate franchise in accordance with applicable
law.
B.
Any person seeking to use the streets to construct, operate or maintain
equipment to provide telecommunications for or in connection with
the internal operations of such person's business, residence
or employment and not for or in connection with the provision or offering
of telecommunications services for sale or resale to any person in
the City, shall first obtain a revocable license in accordance with
the provisions of this ordinance.
C.
The City Council may grant one or more franchises and revocable licenses
in accordance with this ordinance, provided that the City Council
reserves the right to modify any provision of this ordinance by amendment
thereof.
D.
The grant of any franchise or revocable license shall be made by
adoption of a separate ordinance by the City Council and shall be
on such terms and conditions as shall be specified in said separate
ordinance and/or a franchise or license agreement between the City
and the franchisee or licensee.
E.
Any franchise or revocable license granted shall be nonexclusive.
The City specifically reserves the right to grant, at any time, such
additional franchises, revocable licenses or other authorizations
for use of the streets by any means, as the City deems appropriate.
F.
A franchise may be granted for all or any defined portion of the
City.
G.
Conditions of grant.
(1)
A revocable license is intended to be a limited grant of authority
to use and occupy specifically identified streets to provide telecommunications
services and shall be granted only if:
(a)
The use or occupation of such streets, together with all revocable
licenses previously granted to such person and affiliated persons,
shall not exceed 2,500 linear feet; or
(b)
The use or occupation of such streets does not involve the offering
or provision of telecommunications services to any person within the
City.
(2)
In the event an application for a revocable license would cause a telecommunications provider to exceed or fail to comply with the limits specified in Subsection G(1)(a) and/or (b), then such telecommunications provider must apply for a franchise in accordance with the provisions of this ordinance, and the use of specifically identified streets pursuant to all previously granted revocable licenses shall thereafter be pursuant to and in accordance with any such franchise that may be granted.
A.
Subject to the provisions of this ordinance, the City may adopt rules,
policies and requirements to carry out the purposes and provisions
of this ordinance. Each applicant, franchisee and licensee shall comply
with such rules, policies and requirements.
B.
No person shall construct or install any equipment in the streets
used to provide telecommunications services without first obtaining
such permits or other authorizations as may be required by the City.
No permits or other authorizations for such construction or installation
shall be issued prior to the granting of a franchise or a revocable
license pursuant to this ordinance or such other authorization as
may be required by applicable law.
A.
Applications for franchises and revocable licenses shall be submitted
to the Commissioner of Public Works with a copy also to be submitted
to the Corporation Counsel.
B.
An application shall contain the following information with respect
to the proposed franchise or revocable license and such other information
with respect to the proposed franchise or revocable license as the
City may deem necessary or appropriate, consistent with applicable
law:
(1)
The name, address and telephone number of the applicant and the person
the City may contact concerning the application;
(2)
A description of the telecommunications services proposed to be provided,
including, without limitation, a description of facilities and equipment;
(3)
A description of the proposed franchise area or, in the case of a
revocable license, the specifically identified streets and/or portions
thereof proposed to be used;
(4)
A proposed construction schedule and sequence;
(5)
A map showing the proposed location of the applicant's telecommunications
system;
(6)
Insurance and bonding information of the applicant relative to the
proposed franchise or revocable license; and
(7)
Consistent with applicable law, all other information required by
the City necessary in managing its public rights-of-way.
It shall be the responsibility of each applicant for a franchise
or revocable license to comply with all applicable laws, ordinances,
resolutions, rules, regulations and other directives of the City and
any federal, state or local governmental authority having jurisdiction.
If an application is complete and otherwise complies with applicable law, ordinances, resolutions, rules, regulations and other directives of the City, including the provisions of this ordinance, the City shall enter into negotiations with the applicant to determine whether such applicant and the City are able to reach an agreement on the terms of the proposed franchise or revocable license in accordance with §§ 239-10 and 239-11 of this ordinance. The City may reject any application which is incomplete or otherwise fails to comply with applicable law, ordinances, resolutions, rules, regulations and other directives of the City and any federal, state or local authority having jurisdiction.
A.
In making any determination hereunder as to any application for a
franchise or revocable license, the City Council may consider such
factors as it deems appropriate and in the public interest, provided
such factors are consistent with applicable law, including without
limitation:
(1)
The adequacy of the proposed compensation to be paid to the City,
including the value of any facilities and telecommunications services
offered by the applicant to the City;
(2)
The ability of the applicant to maintain the property of the City
in good condition throughout the term of the franchise or revocable
license;
(3)
Any services or uses of the streets that may be precluded by the
grant of the franchise or revocable license; and the adverse impact
of the proposed franchise or revocable license on the efficient use
of the streets or utilities at present and in the future;
(4)
The willingness and ability of the applicant to meet construction
and physical requirements and to abide by all lawful conditions, limitations,
requirements and policies with respect to the franchise or the revocable
license;
(5)
The adequacy of the terms and conditions of the proposed franchise
or revocable license agreement to protect the public interest, consistent
with applicable law; and
(6)
Any other public interest factors or considerations that the City
has a lawful right to consider and that are deemed pertinent by the
City for safeguarding the interests of the City and the public.
B.
Consistent with applicable law, the City may develop and implement
policies and requirements to ensure that the streets have sufficient
capacity reasonably to accommodate existing and future uses in a rational
and efficient manner. In evaluating an applicant for a franchise or
revocable license, the City may consider an applicant's proposals
for addressing capacity needs and compliance with City policies and
requirements.
A.
The City Council may make such investigations and take or authorize
the taking of such other steps as the City Council deems necessary
or appropriate to consider and act on applications for franchises
and revocable licenses and to determine whether a franchise or revocable
license should be granted to an applicant, and may require the applicant
to furnish additional information and data for this purpose. In considering
applications, the City Council may seek advice from City officials,
departments, agencies, boards, commissions or bodies, from such other
advisory bodies as it may establish or determine appropriate, or from
the public, and may request the preparation of one or more reports
to be submitted to the City Council, which may include recommendations
with respect to such applications.
B.
Consistent with applicable law, upon completion of the steps deemed
appropriate by the City Council, the City Council may grant or deny
the franchise or revocable license, and may specify the conditions
under which the franchise or revocable license is granted.
A.
The terms and conditions applicable to any franchise granted pursuant
to this ordinance shall be set forth in the separate ordinance granting
the franchise and/or in a separate written agreement. A franchise
granted pursuant to this ordinance shall not become effective until
said separate ordinance becomes effective and any separate agreement
is executed by both parties.
B.
Such separate ordinance or written agreement, among other things,
shall address the following subjects:
(1)
The term of the franchise;
(2)
The franchise area and the telecommunications services to be offered;
(3)
The compensation to be paid to the City, which shall include the
payment of fees and/or the provision of facilities or services;
(4)
The circumstances upon which the franchise may be terminated or cancelled;
(5)
The mechanisms, such as performance bonds, security funds or letters
of credit, to be put in place to ensure the performance of the franchisee's
obligations under the franchise;
(6)
The City's right to inspect the facilities and records of the
franchisee;
(7)
Insurance and indemnification requirements applicable to the franchisee;
(8)
The obligation of the franchisee to maintain complete and accurate
books of account and records, and the City's inspection rights
with respect thereto;
(9)
Provisions to ensure quality workmanship and construction methods;
(10)
Provisions to ensure that the franchisee will comply with all
applicable City, state and federal laws, regulations, rules and policies;
(11)
The obligation of the franchisee to supply an engineering site
plan showing the proposed location of the applicant's telecommunications
system, including any manholes or overhead poles, the size, type and
proposed depth of any conduit or other enclosures, and the relationship
of the system to all existing poles, utilities, sidewalks, pavement,
telecommunications systems, and other improvements in the streets,
all of which shall be subject to approval by the appropriate City
departments;
(12)
Provisions to restrict the assignment or other transfer of the
franchise without the prior written consent of the City;
(13)
Remedies available to the City to protect the City's interest
in the event of the franchisee's failure to comply with terms
and conditions of the franchise;
(14)
Provisions to ensure that the franchisee will obtain all necessary
licenses and permits from, and comply with, all laws, regulations,
rules and policies of any governmental body having jurisdiction over
the franchisee, including the Federal Communications Commission;
(15)
Provisions to ensure that the franchisee will protect the property
of the City and the delivery of public services from damage or interruption
of operations resulting from the construction, operation, maintenance,
repair or removal of improvements related to the franchise;
(16)
Provisions designed to minimize the extent to which the public
use of the streets of the City are disrupted in connection with the
construction of improvements relating to the franchise; and
(17)
Such other provisions as the City determines are necessary or
appropriate in furtherance of the public interest, consistent with
applicable law.
A.
The terms and conditions applicable to any revocable license granted pursuant to this ordinance shall be set forth in the separate ordinance granting the revocable license and/or in a separate written agreement. A revocable license granted pursuant to this ordinance shall not become effective until the separate ordinance granting the license becomes effective and any separate written agreement is executed by both parties. Such separate ordinance and/or written agreement shall address the same subjects listed in § 239-10 of this ordinance subject to the following limitations:
(1)
The revocable license shall be for a term not to exceed 10 years
from the date that the ordinance granting the revocable license becomes
effective;
(2)
The revocable license shall be revocable at any time by the City
for cause or for the City's purposes; and
(3)
The revocable license, together with all revocable licenses previously
granted to the applicant or affiliated persons, shall not authorize
the occupation and use of more than 2,500 linear feet of specifically
identified streets, unless the use or occupation of the streets does
not involve the offering or provision of telecommunications services
to any person in the City.
B.
In the event an application for a revocable license would cause a telecommunications provider to exceed or fail to comply with the limits specified in Subsection A(3) of this § 239-11, then such telecommunications provider must apply for a franchise in accordance with the provisions of this ordinance, and the use of specifically identified streets pursuant to all previously granted revocable licenses shall thereafter be pursuant to and in accordance with any such franchise that may be granted.
