A. Declaration Of Finding And Intent:
1. Findings Regarding Rights Of Way: The city finds that the rights of way with the city:
a. Are critical to the travel and transport of persons and property in the business and social life of the city;
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 city and its citizens; and
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.
2. Findings Regarding Compensation: The city finds that the city should receive fair and reasonable compensation for use of the rights of way.
3. Findings Regarding Local Concern: The city 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. Findings Regarding Promotion Of Telecommunications Services: The city finds that it is in the best interest of its taxpayers and citizens to promote the rapid development of telecommunications services, on a nondiscrimination basis, responsive to community and public interest, and to assure availability for municipal, educational and community services.
5. Findings Regarding Franchise Standards: The city finds that it is in the interests of the public to franchise and to establish standards for franchising providers in a manner that:
a. Fairly and reasonably compensates the city on a competitively neutral and nondiscriminatory basis as provided herein;
b. Encourages competition by establishing terms and conditions under which providers may use the rights of way to serve the public;
c. Fully protects the public interests and the city from any harm that may flow from such commercial use of rights of way;
d. Protects the police powers and rights of way management authority of the city, in a manner consistent with federal and state law;
e. Otherwise protects the public interests in the development and use of the city infrastructure;
f. Protects the public's investment in improvements in the rights of way; and
g. Ensures that no barriers to entry of telecommunications providers are created and that such franchising is accomplished in a manner that does not prohibit or have the effect of prohibiting telecommunications services, within the meaning of the telecommunications act of 1996 ("act") (Pub.L. 104-104).
6. Power To Manage Rights Of Way: The city adopts this telecommunications chapter pursuant to its power to manage the rights of way, pursuant to common law, the Utah constitution and statutory authority, and receive fair and reasonable compensation for the use of rights of way by providers as expressly set forth by section 253 of the act.
B. Scope Of Chapter: This chapter shall provide the basic local scheme for providers of telecommunications services and systems that require the use of the rights of way, including providers of both the system and service, those providers of the system only, and those providers who do not build the system but who only provide services. This chapter shall apply to all future providers and to all providers in the city prior to the effective date hereof, whether operating with or without a franchise as set forth in subsection 8-1-12B of this chapter.
C. Excluded Activity:
1. Cable TV: This chapter shall not apply to cable television operators otherwise regulated by title 4, chapter 2, article A of this code.
2. Wireless Services: This chapter shall not apply to personal wireless service facilities.
3. Provisions Applicable To Excluded Providers: Providers excused by other law that prohibits the city from requiring a franchise shall not be required to obtain a franchise, but all of the requirements imposed by this chapter through the exercise of the city police power and not preempted by other law shall be applicable. (1984 Code § 5.64.010)