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§ 111.05 GOVERNING LAW.
   Any franchise agreement granted under this chapter is subject to the provisions of the Constitutions and laws of the United States and the state, and the ordinances and Charter of the city.
(Ord. 557-2019, passed 12-9-2020)
§ 111.06 WRITTEN AGREEMENT.
   No franchise agreement shall be granted hereunder except by a writing duly executed by the franchisee and the city.
(Ord. 557-2019, passed 12-9-2020)
§ 111.07 NON-EXCLUSIVE GRANT.
   No franchise agreement granted under this chapter shall confer any exclusive right, privilege, license, or franchise to occupy or use the public rights-of-way for delivery of communications service, or any other purposes.
(Ord. 557-2019, passed 12-9-2020)
REGISTRATION
§ 111.20 SCOPE.
   This chapter shall apply to all communications providers who use or occupy the public rights-of-way whether or not they provide communications services to persons within the city. The purpose of registration is:
   (A)   To assure that all communications providers who have facilities within the city rights-of-way, and/or who provide communications services within the city using the public right-of-way, comply with the ordinances, rules, and regulations of the city;
   (B)   To provide the city with accurate and current information concerning communications providers who offer communications service within the city, or who owns or operates a communications facilities within the city; and
   (C)   To assist the city in the enforcement of this chapter, management and caretaking of the public right-of-way, and the collection of any city franchise fees or right-of-way use fees or charges.
(Ord. 557-2019, passed 12-9-2020)
§ 111.21 REGISTRATION REQUIRED.
   (A)   Unless excepted in division (B) below, all communication providers who own, operate, or use facilities within the city’s public right-of-way, and all communication providers who provide communication services to any customer within the city, shall register with the city, on a form provided by the city, within 45 days of the effective date of this chapter. Any prospective communications providers who want to install or use communications facilities within the city’s public right-of-way or want to provide communications services within the city after the effective date of this chapter shall register with the city, on a form provided by the city, prior to installing facilities or providing services.
   (B)   After registering with the city pursuant to division (A) above, the communication provider shall, by December 31 of each year, file with the city a new annual registration form if it intends to maintain facilities or provide services at any time in the following calendar year.
      (1)   Communications providers who file an initial registration pursuant to division (A) above on or after September 30 shall not be required to file an annual registration until December 31 of the following year.
      (2)   Communications providers who are a non-breaching party to an unexpired franchise agreement which obligates the provider to pay a franchise fee on all the services it provides within the city are not required to file an annual registration during the term of the franchise agreement.
   (C)   (1)   In lieu of filing the city’s registration form, a communications provider may submit to the city a copy of the its application and approved license from either:
         (a)   The State Public Utility Commission (PUC); or
         (b)   The Federal Communications Commission.
      (2)   To the extent not included in the application and license materials submitted pursuant to this division (C), registrants also shall provide the following information:
         (a)   The identity and legal status of the registrant, including the name, address, and telephone number of the duly authorized officer, agent, or employee responsible for the accuracy of the registration information;
         (b)   The name, address, and telephone number for the duly authorized officer, agent, or employee to be contacted in case of an emergency; and
         (c)   A description of the registrant’s existing or proposed facilities within the city, a description of the facilities that the registrant intends to construct, and a description of the communications service that the registrant intends to offer or provide to persons, firms, businesses, or institutions within the city.
(Ord. 557-2019, passed 12-9-2020)
§ 111.22 REGISTRATION FEE.
   (A)   Unless excepted in division (B) below, each registration form shall be accompanied by a nonrefundable registration fee in an amount to be determined by resolution of the City Council. The registration fee required by this section shall be subject to all applicable limitations imposed by federal or state law.
   (B)   Communications providers who are a non-breaching party to an unexpired franchise agreement, which obligates the provider to pay a franchise fee on all the services it provides within the city, shall not be required to pay a registration fee.
(Ord. 557-2019, passed 12-9-2020)
§ 111.23 EXEMPTIONS FROM REGISTRATION.
   The following communications providers and facilities are exempted from registration:
   (A)   Communications facilities owned and operated exclusively by the state or a political subdivision of this state, for their own use; and
   (B)   A private communications network, provided in a manner that does not occupy any public rights-of-way.
(Ord. 557-2019, passed 12-9-2020)
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