(a) Telecommunications license. A telecommunications license shall be required of any telecommunications carrier who desires to occupy specific public ways of the municipality for the sole purpose of providing telecommunications services to persons or areas outside the municipality.
(b) License application. Any person that desires a telecommunications license pursuant to this section shall file an application with the municipality which shall include the following information:
(1) The identity of the license applicant, including all affiliates of the applicant;
(2) A description of the telecommunications services that are or will be offered or provided by licensee over its telecommunications facilities;
(3) A description of the transmission medium that will be used by the licensee to offer or provide such telecommunications services;
(4) Preliminary engineering plans, specifications and a network map of the facilities to be located within the municipality, all in sufficient detail to identify:
A. The location and route requested for applicant’s proposed telecommunications facilities;
B. The location of all overhead and underground public utility, telecommunication, cable, water, sewer drainage and other facilities in the public way along the proposed route;
C. The location(s), if any, for interconnection with the telecommunications facilities of other telecommunications carriers; and
D. The specific trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate;
(5) If applicant is proposing to install overhead facilities, evidence that surplus space is available for locating its telecommunications facilities on existing utility poles along the proposed route;
(6) If applicant is proposing an underground installation in existing ducts or conduits within the public ways, information in sufficient detail to identify:
A. The excess capacity currently available in such ducts or conduits before installation of applicant’s telecommunications facilities; and
B. The excess capacity, if any, that will exist in such ducts or conduits after installation of applicant’s telecommunications facilities.
(7) If applicant is proposing an underground installation within new ducts or conduits to be constructed within the public ways:
A. The location proposed for the new ducts or conduits; and
B. The excess capacity that will exist in such ducts or conduits after installation of applicant’s telecommunications facilities.
(8) A preliminary construction schedule and completion date;
(9) A preliminary traffic control plan in accordance with the ODOT Manual on Uniform Traffic Control Devices;
(10) Financial statements prepared in accordance with generally accepted accounting principles demonstrating the applicant’s financial ability to construct, operate, maintain, relocate and remove the facilities;
(11) Information in sufficient detail to establish the applicant’s technical qualifications, experience and expertise regarding the telecommunications facilities and services described in the application;
(12) Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities and to offer or provide the telecommunications services;
(13) All fees, deposits or charges required pursuant to § 872.13 of this chapter; and
(14) Such other and further information as may be required by the Municipal Manager.
(c) Determination by the municipality. Within 120 days after receiving a complete application under division (b) hereof, the Municipal Manager shall issue a written determination granting or denying the application in whole or in part, applying the following standards. If the application is denied, the written determination shall include the reasons for denial.
(a) The financial and technical ability of the applicant.
(b) The legal ability of the applicant.
(c) The capacity of the public ways to accommodate the applicant’s proposed facilities.
(d) The capacity of the public ways to accommodate additional utility and telecommunications facilities if the license is granted.
(e) The damage or disruption, if any, of public or private facilities, improvements, service travel or landscaping if the license is granted.
(f) The public interest in minimizing the cost and disruption of construction within the public ways.
(g) The service that applicant will provide to the community and region.
(h) The effect, if any, on public health, safety and welfare if the license is granted.
(i) The availability of alternate routes and/or locations for the proposed facilities.
(j) Applicable federal and state telecommunications laws, regulations and policies.
(k) Such other factors as may demonstrate that the grant to use the public ways will serve the community interest.
(d) Agreement. No license granted hereunder shall be effective until the applicant and the municipality have executed a written agreement setting forth the particular terms and provisions under which the license to occupy and use public ways of the municipality will be granted.
(e) Nonexclusive grant. No license granted under this chapter shall confer any exclusive right, privilege, license or franchise to occupy or use the public ways of the municipality for delivery of telecommunications services or any other purposes.
(f) Rights granted. No license granted under this chapter shall convey any right, title or interest in the public ways, but shall be deemed a license only to use and occupy the public ways for the limited purposes and term stated in the grant. Further, no license shall be construed as any warranty of title.
(g) Term of grant. Unless otherwise specified in a license agreement, a telecommunications license granted hereunder shall be in effect for a term of ten years.
(h) License route. A telecommunications license granted under this section shall be limited to a grant of specific public ways and defined portions thereof.
(i) Location of facilities. Unless otherwise specified in a license agreement, all facilities shall be constructed, installed and located in accordance with the following terms and conditions.
(1) Telecommunications facilities shall be installed within an existing underground duct or conduit whenever excess capacity exists within such utility facility.
(2) A licensee with permission to install overhead facilities shall install its telecommunications facilities on pole attachments to existing utility poles only, and then only if surplus space is available.
(3) Whenever any existing electric utilities, cable facilities or telecommunications facilities are located underground within a public way of the municipality, a licensee with permission to occupy the same public way must also locate its telecommunications facilities underground.
(4) Whenever any new or existing electric utilities, cable facilities or telecommunications facilities are located or relocated underground within a public way of the municipality, a grantee that currently occupies the same public way shall relocate its facilities underground within a reasonable period of time, which shall not be later than the end of the grant term. Absent extraordinary circumstances or undue hardship as determined by the Municipal Engineer, such relocation shall be made concurrently to minimize the disruption of the public ways.
(5) Whenever new telecommunications facilities will exhaust the capacity of a public street or utility easement to reasonably accommodate future telecommunications carriers or facilities, the grantee shall provide additional ducts, conduits, manholes and other facilities for nondiscriminatory access to future telecommunications carriers.
(j) Construction permits. All licensees are required to obtain construction permits for telecommunications facilities as required in § 872.14 of this chapter provided, however, that nothing in this section shall prohibit the municipality and a licensee from agreeing to alternative plan review, permit and construction procedures in a license agreement, provided such alternative procedures provide substantially equivalent safeguards for responsible construction practices.
(k) Compensation to municipality. Each license granted under this chapter is subject to the municipality’s right, which is expressly reserved, to annually fix a fair and reasonable compensation to be paid for the property rights granted to the licensee; provided, nothing in this chapter shall prohibit the municipality and a licensee from agreeing to the compensation to be paid.
(l) Service to municipality users. A licensee may be permitted to offer or provide telecommunications services to persons or areas within the municipality upon submitting an application for approval pursuant to § 872.11 hereof.
(m) Amendment of grant.
(1) A new license application and grant shall be required of any telecommunications carrier that desires to extend or locate its telecommunications facilities in public ways of the municipality which are not included in a license previously granted under this chapter.
(2) If ordered by the municipality to locate or relocate its telecommunications facilities in public ways not included in a previously granted license, the municipality shall grant a license amendment without further application.
(n) Renewal applications. A grantee that desires to renew its license under this section shall, not more than 180 days nor less than 90 days before expiration of the current license, file an application with the municipality for renewal of its license which shall include the following information:
(1) The information required pursuant to division (b) of this section; and
(2) Any information required pursuant to the license agreement between the municipality and the grantee.
(o) Renewal determinations. Within 90 days after receiving a complete application under division (n) hereof, the Municipal Manager shall issue a written determination granting or denying the renewal application in whole or in part, applying the following standards. If the renewal application is denied, the written determination shall include the reasons for non-renewal.
(1) The financial and technical ability of the applicant.
(2) The legal ability of the applicant.
(3) The continuing capacity of the public ways to accommodate the applicant’s existing facilities.
(4) The applicant’s compliance with the requirements of this chapter and the license agreement.
(5) Applicable federal, state and local telecommunications laws, rules and policies.
(6) Such other factors as may demonstrate that the continued grant to use the public ways will serve the community interest.
(p) Obligation to cure as a condition of renewal. No license shall be renewed until any ongoing violations or defaults in the licensee’s performance of the license agreement, or of the requirements of this chapter, have been cured, or a plan detailing the corrective action to be taken by the grantee has been approved by the municipality.
(Ord. 00-O-1838, passed 10-3-2000)