A. Master Permit Requirement: Except as otherwise provided herein, an operator of a telecommunications facility or a private communications system owner proposing to use the public right-of- way must obtain from the City Council a master permit before constructing a telecommunications facility or providing telecommunications services or constructing a private communications system. A separate master permit shall be obtained for each use whenever a particular master permitted communications facility may be used for multiple purposes, unless applicable Federal or State law prohibits the City from requiring such additional master permit. A master permit shall only become effective after the grantee signs an acceptance of the master permit.
B. Exceptions: The Administrator may waive the requirement for a master permit as follows:
1. Subject to the requirements of applicable law, a master permit requirement may be waived in whole or in part for a telecommunications system or private communications system where the City determines the use of the public rights-of-way is de minimis (i.e., uses only a short distance of street or occupies only a small isolated area of a specific street). For such facilities, the City may issue a right-of-way permit. Every right-of-way permit shall include or be read to include, as if stated therein, a reservation of rights by the City to require the permit holder to obtain a master permit if the City determines that the permit holder's use of the public rights-of- way has increased substantially and is no longer de minimis use.
2. Any operator providing telecommunications service over an existing telecommunications system in the City's public rights- of-way without having a master permit from the City authorizing such use at the time this chapter becomes effective shall apply for a master permit from the City for such use of the public rights-of-way; provided, that if the operator has obtained a franchise, permit, license, or other authorization from the City allowing such use of the public right-of-way, the operator may continue its use of the public right-of-way pursuant to such franchise, permit, license or other authorization until the expiration or termination of such authority, at which time the operator shall apply for and obtain a master permit under this chapter.
3. If an operator submits evidence satisfactory to the City that it has an existing State-wide grant to occupy the public right- of-way, then the requirement for obtaining a master permit will be suspended until there is a final judicial decision resolving the issue or the City Council determines that the best interests of the City will be served by not requiring the operator to obtain a master permit. The suspension of any master permit requirement under this section shall not constitute a waiver of any right of the City to require the operator to obtain a master permit in the future or to remove any or all of its facilities in the public right-of-way at any time upon its failure to obtain a master permit. If an operator fails to obtain a master permit and the master permit requirement is suspended as provided in this subsection, then the operator shall apply for and obtain a City right-of-way permit prior to constructing or placing any telecommunications facility in the public right-of-way.
C. Nature Of Grant: Neither a master permit nor a right-of-way permit shall convey equitable or legal title to the public rights-of-way. The right granted is only the right to occupy those portions of the public rights-of-way to which the City has the right to grant access, for the purposes and the time period stated in the master permit or right-of-way permit, and the right may not be subdivided or subleased. A master permit or right-of- way permit shall not grant a vested right for any facility to be located or to remain at any specific location in the public right-of-way and any right, permission or consent to occupy any location in the public right-of-way shall be revocable and terminable at the lawful discretion of the City and the facility therein removed at the cost of the operator in order to allow free and unencumbered use of the public right-of-way for public work or other public purpose as may be in the best public or Municipal interest as determined by the City. Every master permit shall be:
1. Deemed to include all of the provisions that are required to be in a master permit under this chapter, as if fully set forth in the master permit;
2. Deemed to provide for forfeiture under the circumstances set forth in the provisions of this chapter and any master permit thereunder; and
3. Construed to exclude the grant of any rights in any easement granted for or in favor of any City or public utility facilities or operations, unless the master permit or license shall expressly state otherwise.
Any reference herein, or in any master permit or right-of- way permit, to a public right-of-way shall not be deemed to be a representation or guarantee by the City that its interest or other right to control the use of such property is sufficient to permit its use for such purposes, and a master permit shall be deemed to grant no more than those rights which the City may have the undisputed right and power to give. (Ord. 2018-1031, 7-11-2018)