(A) Determination by the city. The City Recorder shall issue a written determination granting or denying the application in whole or in part. If the application is denied, the written determination shall include the reasons for denial. A denial may be appealed to the City Council which may elect to hear the appeal or may elect to appoint a Hearings Officer to hear the appeal and make a report to the City Council, which shall have the final authority.
(B) Rights granted. No franchise granted pursuant to this chapter shall convey any right, title, or interest in the public way, but shall be deemed a grant to use and occupy the public way for the limited purposes and term and upon the conditions stated in the franchise agreement.
(C) Term of grant. Unless otherwise specified in a franchise agreement, a telecommunications franchise granted hereunder shall be in effect for a term of ten years.
(D) Franchise territory. Unless otherwise specified in a franchise agreement, a telecommunications franchise granted hereunder shall be the entire city to be served by the grantee and the public way necessary to serve such area.
(E) Franchise fee. Each grantee shall pay to the city, on an annual basis and on terms to be determined by the City Council, a franchise fee; a telecommunications carrier shall pay 5% of its gross revenue derived from exchange access services, as defined in O.R.S. 401.710 or a successor statute, less net collectibles from such revenue.
(Ord. 2021-01, passed 3-10-2021)