(A) Persons operating without a franchise or license. The operator of any facility, the operation of which is required to be franchised or licensed under this chapter, shall have three months from the effective date of this chapter to file one or more applications for a franchise or a license under this chapter. Any operator timely filing such an application shall not be subject to a penalty under § 100.99 hereof for failure to have such a franchise or license as long as the application remains pending; provided, however, nothing herein shall relieve any communications facility operator of any liability for its failure to obtain any franchise, license, permit or other authorization required under other provisions of the code of ordinances, and nothing herein shall prevent the city from requiring removal of any facilities installed in violation of the code.
(B) Persons holding franchises or licenses. Any person holding an outstanding franchise or license from the city for a communications facility to provide specified services may continue to operate under the existing franchise or license to the conclusion of its present term (but not any renewal or extension thereof) with respect to those activities expressly authorized by the franchise or license; provided, however, that, the franchisee or licensee may elect at any time to apply for a superseding franchise or license under this chapter and must seek additional franchises or licenses to provide other services; and provided further that, the person shall be subject to the other provisions of this chapter to the extent permitted by law; provided further, that licenses that are revocable at will may be revoked by the city, and the licensee may be required to obtain a new license under this chapter.
(C) Persons with pending applications. Pending applications shall be subject to this chapter. A person with a pending application shall be provided 30 days from the effective date of this chapter to submit additional information to comply with the requirements of this chapter governing applications.
(D) Transitional rules to be narrowly interpreted. It is the intent of the city to apply the provisions of this chapter to communications facilities operators, including local exchange carriers that now occupy or may in the future occupy public rights-of-way, except to the extent federal or state law prevents it from doing so.
(Ord. 26-97, passed 9-23-1997)