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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)
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)
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)
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)
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)
A. Fee And Application: No license required under this chapter will be granted for any communications system until the required fees have been paid, and until a complete application has been filed with and approved by the City Manager.
B. Installation Of System Pursuant To License: The communications system must be installed or constructed in accordance with the terms of the license granted by the City Manager.
C. As Built Survey Specifying Location Of System: Once the system is in place, the licensee must file with the City Manager an as built survey specifying the actual location of the system, including, but not limited to, any manholes, overhead poles, or other equipment and the licensee must provide such signs or other economically feasible means of locating the system as may be reasonably required by the City Manager, including, in the case of underground systems, a requirement that the licensee contract with a one call locating service or similar locating service for inclusion of the system by the service.
D. Permit To Work In The Public Right-Of-Way: If it becomes necessary to dig into, excavate in or in any manner break up any public right-of-way in connection with the installation, construction, reconstruction, repair, operation, disconnection or removal of the system, the licensee must first obtain a permit from the City to do so.
E. Technical Standards: All technical standards governing installation, construction, reconstruction, repair, operation, disconnection and removal of a communications system licensed hereunder must be in accordance with all applicable Federal Communications Commission rules and other Federal, State and City laws and regulations.
F. System Maintained In Good Condition And Repair: The licensee must maintain all parts of the system in good condition, order and repair.
G. Responsibilities To Franchised Utilities Or Systems: The licensee is responsible for repairing or reimbursing other licensed or franchised utilities or communications systems for any damage to their property caused by the negligence of the licensee, or its agents, employees or contractors, in connection with the installation, construction, reconstruction, repair, operation, disconnection or removal of the licensee's communications system.
H. Location Restriction, Public Use Space: No license required under this chapter will be granted to authorize placement of a communications system in any space which is required for public use.
I. Failure To Comply: Failure by the licensee to comply with any of the requirements of the license or this chapter will constitute grounds for termination of the license by the City. (Ord. 39-17, 8-21-2017)
A. Public Improvements: The licensee must, upon thirty (30) days' written notice from the City and at no cost to the City, protect, support, or temporarily or permanently disconnect, relocate within the same or other public right-of-way, or remove any or all of its communications system when required to do so by the City because of street or other public excavation, construction, repair, grading or regrading; traffic conditions; installation of sewers, drains, water pipes, or City owned power or signal lines; vacation or relocation of public rights-of-way; installation or construction of any other type of structure by the City or any other public agency; or any other type of improvement which promotes the public health, safety or welfare.
B. Emergency Situation: If, at any time, in case of fire or disaster in the City, it becomes necessary in the reasonable judgment of the City Manager to cut or secure any of the wires, cables, amplifiers, appliances, or appurtenances thereto of the licensee, such cutting or removing may be done and any repairs rendered necessary thereby must be made by the licensee, at its sole expense.
C. Moving Of Buildings: The licensee must, at the request of any person holding a building moving permit, temporarily remove, raise, or lower its wires to permit the moving of said building, provided the licensee has been given not less than ten (10) working days' notice of such move. The reasonable cost of such temporary removal, raising, or lowering of wires must be paid by the person requesting the same, and the licensee must have the authority to require such payment in advance. (Ord. 39-17, 8-21-2017)
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