Section
General Provisions
112.001 Purpose; emergency clause
112.002 Definitions
112.003 Jurisdiction and management of the public way
112.004 Regulatory fees and compensation not a tax
112.005 Duty to provide information
Franchise Application
112.020 Registration and franchise requirements
112.021 Registration required; fee
112.022 Registration; exceptions
112.023 Franchise requirement
112.024 Application; review fee
112.025 Franchise granted; fee
112.026 Amendment of franchise
112.027 Renewal application
112.028 Franchise renewal granted
112.029 Assignments or transfers of system
112.030 Revocation or termination; notice
112.031 Hearing
112.032 Standards for revocation or lesser sanctions
Construction Regulations
112.045 General construction requirements; code
112.046 Construction permits; verification
112.047 Schedules and coordination
112.048 Non-complying work
112.049 As-built drawings
112.050 Location of facilities
112.051 Relocation or removal of facilities
112.052 Damage to grantee’s facilities
System Specifications and Terms of Service
112.065 Leased capacity; general agreement
112.066 Grantee insurance
112.067 Indemnification
112.068 Performance surety
112.069 Consent
112.070 Confidentiality
112.071 Governing law; venue
112.072 Nonexclusive grant; written agreement
112.073 Remedies
112.074 Compliance with laws
GENERAL PROVISIONS
(A) Purpose. The purpose and intent of this chapter is to:
(1) Respond to increased use of the public way by telecommunications providers and to technological advances in the telecommunications industry;
(2) Comply with the 1996 Telecommunications Act as it applies to local governments, telecommunications providers, and the services those providers offer;
(3) Encourage the provision of advanced and competitive telecommunications services on the widest possible basis to businesses, institutions, and residents of the city on a competitively neutral basis;
(4) Permit and manage reasonable access to the public way of the city for telecommunications purposes on a competitively-neutral basis and conserve the limited physical capacity of the public way held in trust by the city;
(5) Assure that the city’s current and ongoing costs of granting and regulating private access to and the use of the public way are fully compensated by the persons seeking such access and causing such costs;
(6) Recognize the public way as a valuable city asset and secure fair and reasonable compensation to the city and its residents for permitting private use of the public way, and for physical damage and aesthetic harm to the public way from construction and installation of facilities in the public way;
(7) Assure that all telecommunications providers providing facilities and/or services within the city, or passing through the city, register and comply with the ordinances, rules, and regulations of the city;
(8) Enable the city to discharge its public trust consistent with the rapidly evolving federal and state regulatory policies, industry competition, and technological development; and
(9) Assure telecommunications providers that investing in infrastructure in the city is a secure and wise investment, while reserving to the city the ability to respond to new developments in the industry at the time of franchise renewal and by amending its ordinances.
(B) Application with existing agreements. To the extent that this chapter is not in conflict with and can be implemented with existing ordinances and franchise agreements, this chapter shall apply to all existing ordinances and franchise agreements for use of the public right-of-way for telecommunications.
(C) Emergency clause. Whereas passage of this chapter is deemed to be necessary for the preservation of the public health, safety, and welfare of the citizens of the city, an emergency is hereby declared to exist, and this chapter shall be in full force and effect upon its passage by the City Council and approval of the Mayor.
(Ord. 2021-01, passed 3-10-2021)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Terms not defined in this section shall be given the meaning set forth in the Communications Policy Act of 1984, the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996. If not defined there, the words shall be given their common and ordinary meaning.
CABLE SERVICE. The one-way transmission to subscribers of video programming, or other video, audio, or data service using the same means of transmission as used to transmit video programming; and subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.
CITY PROPERTY. All real property owned by the city, other than the public way and utility easements as defined herein.
CONDUIT. Any structure, or portion thereof, containing one or more ducts, conduits, manholes, handholes, bolts, or other facilities used for any telegraph, telephone cable television, electrical or communications conductors, or cable facilities.
CONSTRUCTION. Any activity in the public way resulting in physical change thereto, including excavation or placement of structures, but excluding routine maintenance or repair of existing facilities.
CONTROL. Actual working control in whatever manner exercised.
DUCT. A single enclosed raceway for conductors or cable.
EMERGENCY. The meaning provided in O.R.S. 401.025
FRANCHISE. An agreement between the city and a grantee which grants a privilege to use the public way and utility easements within the city for a dedicated purpose, for specific compensation, and for a specified period of time.
GRANTEE. The person to whom or the entity to which a franchise is granted by the city.
GROSS REVENUE. All revenue earned by a grantee from operations within the city, including, but not limited, to service to customers located within the city and other telecommunications providers or other persons who use the grantee’s facilities within the city to provide service to customers.
PERMITTEE. A person to whom, or entity to which, the city has granted a permit to construct or install a telecommunications facility or facilities in the public way.
PERSON. An individual, corporation, company, association, joint stock company or association, firm, partnership, or limited liability company.
PRIVATE TELECOMMUNICATIONS NETWORK. A system, including the construction, maintenance, or operation of the system, for the provision of a service or any portion of a service which is owned or operated exclusively by a person for his, her, or their use and not for resale, directly or indirectly. PRIVATE TELECOMMUNICATIONS NETWORK includes services provided by the state pursuant to O.R.S. 190.240 and O.R.S. 283.140.
PUBLIC WAY. Includes, but is not limited to, any street, road, bridge, alley, sidewalk, trail, path, and utility easement, including the subsurface under and airspace over these areas.
(1) This definition applies only to the extent of the city’s right or authority to grant a franchise to occupy and use such areas for telecommunications facilities.
(2) PUBLIC WAY does not include city-owned buildings, parks, or other property.
TELECOMMUNICATIONS ACT. The Communication Policy Act of 1934, as amended by subsequent enactments, including the Telecommunications Act of 1996 (47 U.S.C. §§ 151 et seq.), and as hereafter amended.
TELECOMMUNICATION CARRIER. A telecommunication utility or a cooperative corporation formed under O.R.S. Chapter 62 that provides telecommunications service as defined in O.R.S. 759.005.
TELECOMMUNICATIONS PROVIDER.
(1) Any person that provides telecommunications services to any person or premises within the city;
(2) Any person that directly or indirectly owns, leases, operates, manages, or otherwise controls telecommunications facilities within the city; or
(3) Any person that is directly or indirectly owned or controlled by any person described in this definition.
(a) For purposes of this definition, OWNS or CONTROLS means that one person or entity owns more than 25% of the stock or assets or has more than 25% common partners, directors, or owners with another entity.
(b) In addition, any person that leases, purchases, or otherwise receives telecommunications service or use of a telecommunications facility for less than a reasonable price, so as to create a reasonable inference that the two parties did not deal at arm’s length, shall be deemed to be owned or controlled by the second party.
TELECOMMUNICATIONS FACILITIES. The plant and equipment, other than customer premises equipment, used by a telecommunications provider to provide telecommunications services.
TELECOMMUNICATIONS SERVICE. The transmission, for money or other consideration, of telecommunications in electromagnetic, electronic, or optical form.
(1) TELECOMMUNICATIONS SERVICE includes, but is not limited to, telephony, data transport, internet service, video, and cable television.
(2) TELECOMMUNICATIONS SERVICE does not include:
(a) One-way broadcast of radio or television signals;
(b) Direct-to-home satellite service within the meaning of the Telecommunications Act of 1996, § 602;
(c) Surveying;
(d) Private telecommunications networks that do not use the public way; or
(e) Communications of the customer which take place on the customer side of on-premise equipment.
TELECOMMUNICATIONS SYSTEM. See TELECOMMUNICATIONS FACILITIES above.
TELECOMMUNICATIONS UTILITY. Has the same meaning as given in O.R.S. 759.005(1).
UTILITY EASEMENT. Any easement granted to or owned by the city and acquired, established, dedicated, or devoted for public utility purposes.
UTILITY FACILITIES. The plant, equipment, and property, including, but not limited to, the poles, pipes, mains, conduits, ducts, cable, wires, plant, and equipment located under, on, or above the surface of the ground within the public right-of-way of the city and used, or to be used, for the purposes of providing utility or telecommunication services.
(Ord. 2021-01, passed 3-10-2021)
(A) The city has jurisdiction and exercises regulatory management over the public way whether the city has a fee, easement, or other legal interest in the public way and whether the legal interest was obtained by grant, dedication, prescription, reservation, condemnation, annexation, foreclosure, or other means.
(B) No person may occupy or encroach on a public way or other city property without the permission of the city. The city grants permission to use public way by franchises and permits.
(C) The city retains the right and privilege to cut or move any telecommunications facilities located within the public way as the city may determine to be necessary, appropriate, or useful in response to a public health or safety emergency.
(Ord. 2021-01, passed 3-10-2021) Penalty, see § 10.99
The fees provided for in this chapter and any compensation charged and paid for use of the public way provided for in this chapter are not a tax and are separate from, and in addition to, any and all federal, state, local, and city charges as may be levied, imposed, or due from a telecommunications provider, its customers or subscribers, or on account of the lease, sale, delivery, or transmission of telecommunications services.
(Ord. 2021-01, passed 3-10-2021)
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