(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)