(a) Preemption by State and Federal Law. Except as may be preempted by applicable State or Federal laws, rates, regulations, and orders, this chapter shall apply and be controlling over each service provider engaged in the business of transmitting, supplying or furnishing of services originating, passing through, or terminating in the City.
(b) Use Permits. Except as otherwise provided by this chapter, any person who desires to construct, reconstruct, install, operate, maintain or otherwise locate facilities in any public way of the City for the purpose of providing service to persons or areas in the City, areas outside the City, or both, shall first obtain a use permit permitting the use of such public ways pursuant to Section 913.04.
(c) Annual Registration. Except as otherwise provided by this chapter, any and all persons who have a use permit from the City, or the equivalent thereof as provided in this chapter, to construct, reconstruct, install, operate, maintain or otherwise locate facilities in any public way of the City shall register annually with the City, on a form provided by the City, pursuant to Section 913.05.
(d) Private Facilities. Persons who wish to use any public way of the City for private facilities shall first obtain a use permit, register pursuant to Section 913.05 and obtain a construction permit (if applicable). The applicant shall comply with Section 913.04(b) "Use Permit Application" of this chapter and, upon receiving a use permit, shall comply with all provisions of Section 913.07, "Construction Standards".
(e) Cable Television Franchise. Any person who desires to construct, reconstruct, install, operate, maintain or locate facilities in any public way of the City for the purpose of providing cable service to persons in the City shall first obtain a cable television franchise from the City as provided in Section 913.09.
(f) Application to Existing Franchise Ordinances and Agreements. For purposes of this chapter, a franchise ordinance or agreement shall be deemed a use permit authorizing the franchisee's use of the public way to the extent described in the franchise agreement or ordinance. The franchisee's use of the public way beyond that authorized by the franchise agreement or ordinance shall require a use permit for such additional use. Franchisees shall comply with the registration provisions and construction standards to the extent that the provisions of this chapter do not directly conflict with the franchise agreement or ordinance. If there is a conflict between the franchise agreement or ordinance and the provisions of this chapter, the franchise agreement or ordinance shall control.
(g) Exemption for City-Owned or Operated Facilities. Nothing in this chapter shall be construed to apply the provisions of this chapter to facilities owned or operated by the City or any of its operations.
(h) Application to Existing Code Provisions. This chapter shall not apply to the subject matter of Chapter 921, Water Service.
(i) Severability. If any section, subsection, sentence, clause, phrase, or other portion of this chapter, or its application to any person, is, for any reason, declared invalid, in whole or in part by any court or agency of competent jurisdiction, said decision shall not affect the validity of the remaining portions hereof.
(Ord. 1999-48. Passed 10-12-99.)