A Power To Manage Rights Of Way: The City hereby adopts this Telecommunications Ordinance pursuant to its power to manage the rights of way, pursuant to common law, the Utah constitution and statutory authority, and to receive fair and reasonable compensation for the use of rights of way by providers as expressly set forth by section 253 of the Act 1 .
B Scope Of Ordinance: 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 of this Chapter, whether operating with or without a franchise as set forth in subsection 7-7-14B of this Chapter.
C Excluded Activity:
1 Cable TV: This Chapter shall not apply to cable television operators otherwise regulated by Ordinance 1980-1 (Granting a Franchise to Construct, Operate and Maintain a Cable Television System) and Resolution 12-1995 (Granting Five-Year Extension of Franchise to Operate Cable TV System).
2 Wireless Services: This Chapter shall not apply to personal wireless service facilities.
3 Provisions Applicable To Exclude 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's police power and not preempted by other law shall be applicable. (Ord. 1997-2, 12-10-1997, eff. 1-1-1998)
Notes
| 1 | 1. Telecommunications Act of 1996, P.L. No. 104-104. |