A. The City Council finds that the development of telecommunications services that serve only as transmissions of video, data or telephony over long distances and do not serve any residence or business within the City impacts the public rights-of-way. Because of the complex and rapidly expanding technology and service associated with long-haul telecommunications 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 who constructs, operates or maintains a pass-through telecommunications system in the public rights-of-way with the City.
B. Each person proposing to install a pass through telecommunications system in the City rights-of-way shall be required to first obtain an encroachment permit as provided for in Chapter 11.26 of this Code. An application shall be required pursuant to § 11.20.025.
C. At any time that a pass through provider proposes to lease, sell, transfer or otherwise permit any element of its facilities within the City to be utilized to provide any telecommunications service to customers within the City, the provider shall notify the City in writing of such not more than thirty (30) days after the effective date of that lease, sale, transfer or other action with another service provider. The City shall determine if the proposed service provider shall require a franchise or encroachment permit to provide the proposed telecommunications service. Failure to provide said written notice may be grounds for revocation of the encroachment permit provided for in Chapter 11.26.
(Ord. No. 2000-019 § 1 (part))
Cross-reference:
Pass Through Telecommunications Systems, see Ch. 11.26