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(A) Applicability. The terms of this subchapter shall apply to all network providers and network providers' facilities used, in whole or part, in the provision of wireless services throughout the city, including any annexed areas upon the effective date of annexation or the date the city provides the company written notice, whichever date occurs later, within the public right-of-way, including without limitation the highway right-of-way as defined herein. The terms of the city's right-of-way management ordinance (defined herein) apply to network providers to the extent that the terras of that ordinance do not conflict with the terms of this subchapter, the design manual, or with Tex. Local Gov't Code, Chapter 284. In the event of a conflict, the terms of this subchapter, the design manual and Tex. Local Gov't Code, Chapter 284 shall control.
(B) Use and occupancy of public right-of-way. Pursuant to this subchapter and subject to Tex. Local Gov't Code, Chapter 284, the design manual, applicable city ordinances, and applicable codes, a network provider has the nonexclusive right to use and occupy the public right-of-way in the city only for the purpose of:
(1) Conducting activities related to transport facilities for network nodes in the public right-of -way;
(2) The activities of a network provider collocating network nodes in the public right-of-way; or
(3) Installing, constructing, operating, modifying, replacing, and maintaining node support poles in a public right-of-way.
(Ord. 170822A, passed 8-22-2017)