A. The City Council finds that the development of wireless data and video 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 wireless data and video services, the City Council further finds that the public convenience, safety and general welfare can be best served by the City's exercise of its regulatory powers. 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 wireless data or video system that utilizes the public rights-of-way.
B. Each person proposing to provide a wireless data or video service to any individual, residence or business within the City that utilizes the public rights-of-way shall be required to first obtain a franchise from the City as provided for in Chapter 11.25 of this Code. An application shall be required pursuant to § 11.20.025.
C. Each Grantee with a wireless data or video telecommunications franchise issued by the City at the effective date of this Chapter shall be required to submit an application for a new franchise if:
1. The current franchise 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 have been violated and the existing franchise has been terminated as provided for in the franchise.
D. Any person granted a franchise or encroachment permit by the City for any telecommunications service other than wireless data or video system shall be required to first obtain a separate franchise for the wireless data or video service pursuant to Chapter 11.25 of this Code before that service may be provided.
E. The provisions of this section shall not apply to those wireless data transmission or video service providers who, by nature of specific approval and inclusion in a license approved by the California Public Utilities Commission, have been authorized to provide wireless data or video telecommunications. In said situations the provider shall be required to obtain a franchise only if currently not in possession of one.
(Ord. No. 2000-019 § 1 (part))