A. Declaration Of Findings And Intent:
1. Rights Of Way: The town finds that the public streets, alleys, easements and other rights of way within the town:
a. Are critical to the travel and transport of persons and property in the business and social life of the town;
b. Are intended for public uses and must be managed and controlled consistent with that intent;
c. Can be partially occupied by the facilities of utilities and other public service entities delivering utility and public services rendered for profit, to the enhancement of the health, welfare and general economic well-being of the town and its citizens;
d. Are a unique and physically limited resource requiring proper management to maximize the efficiency and to minimize the costs to the taxpayers of the foregoing uses and to minimize the inconvenience to and negative effects upon the public from such facilities' construction, placement, relocation and maintenance in the rights of way; (Ord. 1998-2, 4-9-1998)
e. Are an asset of the town that taxpayers spent at least three thousand dollars ($3,000.00) in the past fiscal year to acquire, and six thousand dollars ($6,000.00) to improve. (Ord. 1998-2, 4-9-1998; amd. 2001 Code)
2. Use Valuable Economic Right: The town finds that the right to occupy portions of the rights of way for limited times for the business of providing telecommunications services or open video services is a valuable economic right to use a unique public resource that has been acquired and is maintained at great expense to the town and its taxpayers, and the economic benefit of such rights should be shared with all the taxpayers of the town.
3. Local Concern: The town finds that while telecommunications systems are in part an extension of interstate commerce, their operations also involve rights of way, municipal franchising and vital business and community service, which are of local concern.
4. Promotion Of Telecommunications Services: The town finds that it is in the best interests of its citizens to promote the rapid development of telecommunications facilities responsive to community and public interest, to assure that telecommunications companies provide adequate, economical and efficient service to their subscribers and to assure availability for municipal services, educational and community services.
5. Franchise Standards: The town council finds that it is in the interests of the public to franchise or license, and to establish standards for franchising or licensing operators, infrastructure providers, resellers and system lessees in a manner that:
a. Compensates the town for the fair market value of the property used and for ongoing costs associated with the use of such property;
b. Encourages competition by establishing terms and conditions under which providers may use valuable public property to serve the public;
c. Fully protects the public and the town from any harm that may flow from such private commercial use of rights of way;
d. Protects the regulatory authority of the town in a manner consistent with federal and state law;
e. Otherwise protects the public interests in the development and use of town infrastructure; and
f. Protects the public's investment in improvements in the rights of way.
6. Authority: The town adopts this telecommunications chapter pursuant to its power to manage the rights of way and receive reasonable, nondiscriminatory compensation for the use of rights of way by telecommunications providers as expressly set forth by sections 253 and 653 of the telecommunications act of 1996 ("act") (P.L. No. 104-104), and Utah constitution article XI.
B. Scope Of Chapter: This chapter shall provide the basic local regulatory scheme for providers of telecommunications services, including providers of only the physical plant necessary to operate a communications system, unless otherwise expressly excluded. This chapter shall apply to all regulated providers, whether operating with or without a franchise or license. Providers maintaining a presence in the right of way or other public property pursuant to an ordinance granted by the town prior to the effective date hereof, or maintaining a presence without such consent, shall comply with the provisions of this chapter.
C. Excluded Activity:
1. This chapter shall not apply to cable television operators otherwise regulated by the cable television ordinance.
2. Providers excused by other law that prohibits the town from requiring a franchise or license shall not be required to obtain a franchise or license, but all of the requirements imposed by this chapter through the exercise of the town's police power and not preempted by other law shall be applicable. (Ord. 1998-2, 4-9-1998)