It shall be unlawful for any person to erect, install, maintain, operate, repair, replace, remove or restore communications facilities or to provide communications services by use of facilities in the rights-of-way in the city without a valid, unexpired franchise from the city, unless otherwise specifically authorized under applicable federal or state law, or otherwise provided by ordinance. Unless otherwise provided hereinafter by this chapter, reseller service providers and lessees shall not be required to obtain a franchise. Private communication systems shall not require a franchise, but shall be licensed pursuant to §§ 112.90 through 112.92. A cable operator, or an affiliate thereof, that provides cable services as herein defined under a valid cable franchise granted by the city, shall not be required to obtain a communications franchise hereunder; provided, however, if a cable operator, or an affiliate thereof, extends facilities in the right-of-way solely for the provision of telecommunications services than it shall pay the linear per foot fee as set forth in this subchapter, if no revenue for the computation of cable franchise fees are received from such extended facilities.
(Ord. 4-2005, passed 5-19-05) Penalty, see § 10.99