A. The City Council finds that the development of data telecommunications services may provide significant benefits for, and have substantial impacts upon, the residents and the business community of the City. Because of the complex and rapidly changing technology associated with data telecommunications, the City Council further finds that the public convenience, safety and general welfare can be best served by the City's exercise of its authority to manage and control its public rights-of-way. It is the intent of the City Council that the Rights-of-Way Management Plan and Standards provided for in § 9.08.307 of this Code shall apply to any person operating a data telecommunications system in the City.
B. Each person proposing to provide data telecommunications service over a data telecommunications system to any individual, residence or business within the City that utilizes the public rights-of-way shall be required to first obtain a franchise or encroachment permit from the City as provided for in Chapter 11.24 of this Code. An application shall be required pursuant to § 11.20.025.
C. Each Grantee with a data telecommunications franchise or encroachment permit issued by the City at the effective date of this Chapter shall be required to submit an application for a new franchise or encroachment permit if:
1. The current franchise or encroachment permit is subject to renewal, or
2. There is a change in control, or
3. There is a transfer of ownership, or
4. The City finds that the terms of the existing franchise or encroachment permit have been violated and the existing franchise or encroachment permit has been terminated as provided for in the franchise or encroachment permit.
D. Any person granted a franchise or encroachment permit by the City for any telecommunications service other than data telecommunications shall be required to first obtain a separate franchise or encroachment permit for the data telecommunications service pursuant to Chapter 11.24 of this Code before that service may be provided.
E. The provisions of this section shall not apply to those data telecommunications providers who, by nature of specific approval and inclusion in a license approved by the California Public Utilities Commission, have been authorized to provide data telecommunications. In said situations the provider shall be required to obtain an encroachment permit only if currently not in possession of one.
(Ord. No. 2000-019, § 1 (part))