The City of Oxford shall not allow any Person to operate a Telecommunications System in the City of Oxford Rights of Way without a License hereby granted by the City. Such License as granted by the City would give (the Grantee the right to Construct, operate, and maintain a Telecommunications System in the City's Rights of Way under the following terms and conditions:
(a) Any construction must be compatible with the City's telecommunications' policy objectives as allowed by Law.
(b) Unless specifically exempted herein, Grantee agrees to pay the City a License Fee in an amount to be negotiated per linear foot of Facilities of Grantee's Telecommunications System constructed in the City Rights of Way whether Grantees Telecommunications System is utilized or not.
(c) Grantee may install in the public Rights of Way new Telecommunications System and Facilities only with the prior approval of the City. It is understood that the City is concerned about limited Rights of Way, space ability, traffic delays, interruption to business, and other factors consumed with the welfare of the public good. Notwithstanding any other provision of this Chapter, nothing in a License is to be construed as giving Grantee the right to extend its Telecommunication system without prior City approval.
(d) Whenever Grantee desires to initially install or expand the Telecommunications System identified, Grantee shall inform the City of its plans prior to implementing the project. No construction in the public Rights of Way shall be permitted without prior approval of the City. Grantee shall also inform the City of any Transfer of the Telecommunication System and any impact on the use of such Rights of Way by said Transfer in any manner. Upon Grantee providing written notice to the City Manager, the City shall review the situation, have the right to terminate the License, or reopen negotiations for compensation for use of the Rights of Way under the License. Such notice of reopening shall be provided to the City Manager in writing.
(e) Grantee shall be given the right to operate its Telecommunication System for a set period of years to be determined by the City and Grantee, and shall commence with the issuance of a License.
(f) Grantee shall comply with all applicable Law, License Fee requirements and auditing procedures.
(g) Unless otherwise exempted pursuant to subsection (b) above, Grantee shall pay the City, throughout the term of the License, as compensation for the occupation, disturbance, degradation and use of the public Rights of Way in an amount to be negotiated for each linear foot of Facilities of Grantee's Telecommunications System installed in the City. Such funds shall be paid on a quarterly basis within forty-five days after the end of each quarter.
(h) Accompanying each payment to the City the Grantee shall file with the City a report of its calculation of the payment setting forth the amount of Facilities in Grantees Telecommunications System in the City and the calculation of the License Fee.
(i) All of Grantees certified financial statement, books, maps, and records concerning its Telecommunications System and its calculation of payments to the City shall be open for inspection by an appropriate officer of the City or its designee at all convenient times to determine the amount of compensation due to the City from Grantee under the License.
(j) Cable companies operating under non-exclusive franchises and compensating the City for Rights of Way costs under other mechanisms (Franchises, etc.) shall be exempted from the License Fee requirements of this Chapter as long as the compensation from those other mechanisms exceeds the amount that would be necessary to satisfy the linear foot License Fee for such Cable System in the Rights of Way requirement of this Chapter.
(Ord. 2680. Passed 5-16-00.)
(Ord. 2680. Passed 5-16-00.)