(A) No franchise granted pursuant to this chapter shall convey any right, title, or interest in the public rights-of-way, but shall be a non-exclusive grant to use and occupy the public rights-of-way for the limited purposes, terms, and conditions provided in the franchise agreement.
(B) The rights granted by any franchise agreement are limited to the right to use the public rights-of-way for the provision of COMMUNICATIONS SERVICES, as defined in § 111.04. Nothing in the franchise shall be construed to prevent the city from grading, paving, repairing, and/or altering any public rights-of-way, constructing, laying down, repairing, relocating, or removing city infrastructure or establishing any other public work, utility, or improvement of any kind, including repairs, replacement, or removal of any city infrastructure. If a franchisee’s facilities interfere with the construction, repair, replacement, alteration, or removal of any public rights-of-way, public work, city utility, city improvement, or city infrastructure, except those used to provide competing communications services, such facilities shall be removed or relocated as provided in §§ 153.33 and 153.34, in a manner acceptable to the city and consistent with industry standard engineering and safety codes.
(C) A franchise agreement granted hereunder shall at all times comply with the requirements of this chapter, unless this chapter expressly authorizes different terms. In this chapter, such authorization is indicated by the introductory phrase, “Unless otherwise specified in an unexpired Franchise Agreement...”
(D) To the extent that this chapter can be implemented consistently with an unexpired franchise agreement adopted prior to this chapter, the terms of this chapter shall prevail.
(E) To the extent that this chapter conflicts with, and cannot be implemented consistently, an unexpired franchise agreement adopted prior to this chapter, the terms of the unexpired franchise agreement shall prevail.
(Ord. 557-2019, passed 12-9-2020)