(A) The grantee shall have the non-exclusive right and privilege of constructing, erecting, operating, and maintaining a telecommunications system upon, through, along, under and over the rights-of-way within the city as they now exist or may hereafter be extended; subject to the provisions hereof and to all powers (including police power) inherent in, conferred upon or reserved to the city, including but not limited to those contained in the ordinances. The city reserves the right to grant similar franchises to more than one grantee.
(B) This chapter does not give the grantee the right nor the privilege of attaching its telecommunications system to any buildings, poles, towers, or support structures, streetlights, equipment and apparatus, or other facilities owned by the city. Additionally, this chapter does not give the grantee the right nor the privilege of constructing, erecting, operating and maintaining a telecommunications system upon, through, along, under and over real property or easements owned by the city (other than rights-of-way). If grantee desires to attach its telecommunications system to any buildings, poles, towers, or support structures, street lights, equipment and apparatus, or other facilities owned by the city or construct, erect, operate and maintain a telecommunications system upon, through, along, under and over real property or easement owned by the city (other than rights-of-way), the grantee shall be required to enter into separate agreements with the city.
(C) This chapter does not include the right or privilege to provide cable service or open video system (as defined by 47 CFR 76.1500 (a)), which shall be subject to separate franchising requirements in accordance with Chapter 122 of the City of Richmond Code of Ordinances and also does not apply to (1) private communications system services provided without using the rights-of-way; (2) over-the-air radio or television broadcasting to the public-at-large from facilities licensed by the Federal Communications Commission or any successor thereto; and (3) direct-to-home satellite service within the meaning of Section 602 of the Telecommunications Act of 1996.
(D) References to grantee’s poles, towers, or support structures throughout this chapter shall not be construed as permission to install grantee’s poles, towers, or support structures in the rights-of-way absent the issuance of a permit or approval by the city.
(Ord. 22-08, passed 4-12-22)