TITLE 11
RIGHTS-OF-WAY

CHAPTER 1
NONFRANCHISED COMMUNICATIONS SYSTEMS IN THE PUBLIC RIGHT-OF-WAY

SECTION:

11-1-1: Definitions

11-1-2: License Required

11-1-3: Application For License

11-1-4: Granting Of License

11-1-5: Amendment To License

11-1-6: Regulations

11-1-7: Relocation Or Removal When Required By Public Needs

11-1-8: Fee For Management Costs

11-1-9: Hold Harmless; Insurance; Bond

11-1-10: Failure To Secure, Renew Or Comply With License

11-1-11: Transfers And Assignments

11-1-12: Undergrounding

11-1-13: Notice

11-1-14: Construction Of Chapter

11-1-15: Police Regulations

11-1-1: DEFINITIONS:

Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms, for the purpose of this chapter, have the meanings in this section:

COMMUNICATIONS SYSTEM: A facility and any related equipment, used for furnishing communications services to the public for compensation, not including a franchised cable television system.

MANAGEMENT COSTS: The reasonable costs the City actually incurs in managing public rights-of-way.

PUBLIC RIGHT-OF-WAY: The area on, below, or above a public roadway, highway, street, bridge, cartway, bicycle lane, or public sidewalk in which the local government has an interest, including other dedicated rights-of-way for travel purposes and utility easements. A public right-of-way does not include the airwaves above a public right-of-way with regard to cellular or other nonwire telecommunications or broadcasts service or utility poles owned by the City. (Ord. 39-17, 8-21-2017)

11-1-2: LICENSE REQUIRED:

   A.   Requirement: No person may install, construct, reconstruct, repair or operate a communications system upon, under, over or within any public right-of-way in the City unless and until a written license is obtained pursuant to this chapter. All such licenses are nonexclusive.

   B.   Exemption: A communications systems licensed by the City on the effective date of this chapter is not subject to the licensing requirement of this chapter until such time as the communications system's license expires but is subject to all of the provisions of this chapter. (Ord. 39-17, 8-21-2017)

11-1-3: APPLICATION FOR LICENSE:

The application for a license must be on a form provided by the City Manager and must include the following information:

   A.   The name, address, email address, and telephone number of the applicant.

   B.   The name, address, email address, and telephone number of a responsible person whom the City may notify or contact at any time concerning the communications system.

   C.   An engineering site plan showing the proposed location of the communications system, including any manholes or overhead poles, the size, type and proposed depth of any conduit or other enclosures, and the relationship of the communications system to all existing streets, sidewalks, poles, utilities and other improvements within the public right-of-way.

   D.   Any additional information which the City Manager may reasonably require. (Ord. 39-17, 8-21-2017)

11-1-4: GRANTING OF LICENSE:

The City Manager will review each application and will grant each license which the City Manager determines to be in compliance with the requirements of this chapter and any other applicable legal requirements. In granting a license, the City Manager may require that the applicant change the proposed location of the communications system where necessary to avoid interference with other cables, wires, conduits, pipes, sewers or other facilities placed within the public right-of-way. The duration of the license is for a period of ten (10) years from the date of the issuance of the license. (Ord. 39-17, 8-21-2017)

11-1-5: AMENDMENT TO LICENSE:

In the event that a licensee with a current license proposes to expand or relocate any portion of its communications system within public rights-of-way, the licensee must file with the City Engineer a notice of intent to expand or relocate its communications system. The notice must include relevant new information of the type required in connection with the initial application for a license. If the City Engineer determines that the expansion or relocation is a material change in the communications system, the City Engineer must notify the licensee in writing within ten (10) days after receipt of such notice from the licensee that the notice will be considered and granted by the City Manager in the same manner as an original license application. (Ord. 39-17, 8-21-2017)