A telecommunications franchise shall be required of any telecommunications carrier who desires to occupy public ways of the city and to provide telecommunications services to any person or area in the city.
A. Franchise Application: Any person that desires a telecommunications franchise pursuant to this section shall file an application with the city which shall include the following information:
1. The identity of the franchise applicant, including all affiliates of the applicant.
2. A description of the telecommunications services that are or will be offered or provided by the franchise applicant over its existing or proposed facilities.
3. A description of the transmission medium that will be used by the franchise to offer or provide such telecommunications services.
4. Preliminary engineering plans, specifications and a network map of the facilities to be located within the city, all in sufficient detail to identify:
a. The location and route requested for applicant's proposed telecommunications facilities.
b. The location of all overhead and underground public utility, telecommunication, cable, water, sewer drainage and other facilities in the public way along the proposed route.
c. The location(s), if any, for interconnection with the telecommunications facilities of other telecommunications carriers.
d. The specific trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate.
5. If applicant is proposing to install overhead facilities, evidence that surplus space is available for locating its telecommunications facilities on existing utility poles along the proposed route.
6. If applicant is proposing an underground installation in existing ducts or conduits within the public ways, information in sufficient detail to identify:
a. The excess capacity currently available in such ducts or conduits before installation of applicant's telecommunications facilities;
b. The excess capacity, if any, that will exist in such ducts or conduits after installation of applicant's telecommunications facilities.
7. If applicant is proposing an underground installation within new ducts or conduits to be constructed within the public ways:
a. The location proposed for the new ducts or conduits;
b. The excess capacity that will exist in such ducts or conduits after installation of applicant's telecommunications facilities.
8. A preliminary construction schedule and completion dates.
9. A preliminary traffic control plan in accordance with federal highway administration manual on uniform traffic control devices.
10. Financial statements prepared in accordance with generally accepted accounting principles demonstrating the applicant's financial ability to construct, operate, maintain, relocate and remove the facilities.
11. Information in sufficient detail to establish the applicant's technical qualifications, experience and expertise regarding the telecommunications facilities and services described in the application.
12. Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities and to offer or provide the telecommunications services.
13. Whether the applicant intends to provide cable service, video dial tone service or other video programming service, and sufficient information to determine whether such service is subject to cable franchising.
14. An accurate map showing the location of any existing telecommunications facilities in the city that applicant intends to use or lease.
15. A description of the services or facilities that the applicant will offer or make available to the city and other public, educational and governmental institutions.
16. A description of applicant's access and line extension policies.
17. The area or areas of the city the applicant desires to serve and a schedule for built out to the entire franchise area.
18. All fees, deposits or charges required pursuant to section 8-3-30 of this chapter.
19. Such other and further information as may be requested by the city clerk.
B. Determination By The City: Within one hundred fifty (150) days after receiving a complete application under this chapter, the city council shall issue a written determination granting or denying the application in whole or in part, applying the following standards. If the application is denied, the written determination shall include the reasons for denial.
1. The financial and technical ability of the applicant.
2. The legal ability of the applicant.
3. The capacity of the public ways to accommodate additional utility and telecommunications facilities if the franchise is granted.
4. The capacity of the public ways to accommodate additional utility and telecommunications facilities if the franchise is granted.
5. The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the franchise is granted.
6. The public interest in minimizing the cost and disruption of construction within the public ways.
7. The service that applicant will provide to the community and region.
8. The effect, if any, on public health, safety and welfare if the franchise requested is granted.
9. The availability of alternate routes and/or locations for the proposed facilities.
10. Applicable federal and state telecommunications laws, regulations and policies.
11. Such other factors as may demonstrate that the grant to use the public ways will serve the community interest. (Ord. 549, 10-12-2000)