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The following shall not be required to obtain a Franchise under this Chapter:
(a) The City;
(b) A UVPP that is only delivering Cable Service or other communications service (as that term is used in 47 U.S.C. Section 542(h)) to Subscribers;
(c) Persons using Facilities solely to provide only Telecommunications Services unless and until Applicable Law permits local governments to require telephone corporations in California to obtain a local Franchise or pay fair and reasonable compensation for the use of the Public Rights-of-Way in connection with the provision of Telecommunications Service;
(d) Persons using Facilities solely to provide Service to themselves, and not to any third parties on a for hire or commercial basis;
(e) Persons, other than Operators of a Cable System, using Facilities installed in the Rights-of-Way where:
(1) Such Person, or its Affiliates, do not or will not own directly or indirectly, a significant interest in Facilities installed in the Rights-of-Way and are not responsible for the installation or maintenance of Facilities in the Public Rights-of-Way; and
(2) The Facilities used by such Person have been authorized to occupy the Public Rights-of-Way for the purposes for which they are being used;
(f) Persons using any portion of Facilities installed in the Public Rights-of-Way to provide Service where:
(1) Such Facilities are covered by a Franchise; and
(2) Such Person agrees, in writing in a form acceptable to the City Attorney, to be bound by the terms and conditions of such Franchise as a Grantee under such Franchise and for purposes of this Chapter; and
(g) Persons who hold an encroachment permit, or other valid permit or Permission, issued by the Department of Public Works or the Board, consistent with Applicable Law, allowing them to place all of the Facilities at issue in the Public Rights-of-Way, so long as such Facilities are limited to those of a specified type and size and placed only at specifically authorized and discrete locations in the Public Rights-of-Way.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
Consistent with the requirements of due process, a Person's failure to obtain a Franchise as required by this Chapter may, in the City's discretion, result in:
(1) Forfeiture, by operation of law, of the Person's Facilities located in the Public Rights-of-Way that are not authorized by an existing Franchise; and/or
(2) A requirement that the Facilities be removed, and that penalties and damages be paid.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
Grantees of Franchises existing as of the effective date of this Chapter shall, in addition to all the obligations and duties prescribed by the terms of their existing Franchises, be subject to the substantive and procedural requirements herein, except as prohibited by Applicable Law. Nothing herein is intended to invalidate a lawful, existing Franchise or to waive any obligations imposed by such a Franchise. Notwithstanding the foregoing, provisions of this Chapter that expressly refer to a "Franchise granted pursuant to this Chapter" shall not apply to Franchises initially granted prior to the effective date of this Chapter.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
So long as a Grantee is seeking in good faith to renew a Franchise, upon expiration of a Franchise, the continued use by a Grantee of the Public Rights-of-Way shall continue on a month-to-month basis, for a maximum of twelve (12) months, under the same terms and conditions, and for the same consideration, as provided in the expired Franchise, unless the Franchise has been Revoked or unless otherwise determined by ordinance of the Board.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
A Franchise is nonexclusive and shall not explicitly or implicitly preclude the issuance of other Franchises or preclude the City from installing, constructing, operating, and/or maintaining its own Facilities.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
(a) Required for Providers of Telecommunications Service, State Video Service and Personal Wireless Service. The Department of Public Works shall require a Person to obtain a Utility Conditions Permit prior to the construction, installation, or maintenance of Facilities in the Public Rights-of-Way that will be used to provide Telecommunications Service, State Video Service or Personal Wireless Service. UCPs shall be issued by the Department of Public Works in a manner consistent with Applicable Law to Persons who are willing to comply with the City's requirements regarding the physical use and occupation of the Public Rights-of-Way and who have: (A) authority to occupy the Public Rights-of-Way pursuant to California Public Utilities Code Section 7901; (B) authority to occupy the Public Rights-of-Way pursuant to California Public Utilities Code Section 5885; or (C) a license to provide Personal Wireless Service issued under Federal law. Persons intending to construct, install, or maintain Facilities to provide Telecommunications Services, State Video Service or Personal Wireless Service shall prove their legal right to occupy and use the Public Rights-of-Way by providing the Department of Public Works a copy of their current: (a) certificate of public convenience and necessity issued by the CPUC (which shall expressly state the Person's authority to provide facilities-based Telecommunications Service); (b) State Video Service Franchise issued by the CPUC; or (c) license to provide Personal Wireless Service issued by the FCC. The Department of Public Works shall include in a UCP such conditions, in addition to those already set forth in Applicable Law, as may be required to govern the Permittee's construction, installation, or maintenance of Facilities in the Public Rights-of-Way to protect and benefit the public health, safety and welfare. The terms and conditions of a UCP shall be limited to those areas consistent with the City's authority under Applicable Law. A UCP shall have a term of no longer than two (2) years and may be renewed in accordance with requirements established by the Department in the UCP. A UCP shall provide that the Permittee is not entitled to construct, install, or maintain Personal Wireless Service Facilities in the Public Rights-of-Way without obtaining a Personal Wireless Service Facility Site Permit under Article 25 of the San Francisco Public Works Code.
(b) UCP Fee. Any Person required to obtain or renew a UCP shall pay to the Department of Public Works a non-refundable application fee of two thousand dollars ($2,000.00) to compensate the City for all costs (including the City Attorney's costs) related to: (A) establishing the Person's authority to occupy the Public Rights-of-Way; (B) establishing the terms on which Persons may occupy the Public Rights-of-Way; and (C) granting, monitoring, enforcing, renewing, revising or revoking UCPs. These fees shall be deposited in the Public Works Excavation Fund established by Section 10.100-230 of the San Francisco Administrative Code.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000; amended by Ord. 33-02, File No. 020051, App. 3/28/2002; Ord. 214-07, File No. 070904, App. 9/21/2007; Ord. 12-11, File No. 100041)
Any Person seeking to (1) obtain a Franchise; (2) Transfer a Franchise: (3) extend the term of an existing Franchise, (4) renew a Franchise, or (5) modify an existing Franchise to add new Services that are required to be authorized by a Franchise pursuant to this Chapter, shall submit a signed original of its Proposal and eleven (11) copies to the Clerk of the Board and nine (9) copies to the Department The Clerk of the Board shall make a Proposal available for public inspection. The Proposal must conform to all of the requirements of this Chapter. Requests for other types of Franchise modifications may be processed by the Department without a Proposal, and submitted to the Board for approval. However, nothing herein shall prevent the Department from requiring a Proposal in the event the Department determines, based on the nature of the requested modification, that the public interest would best be served by the submission of a Proposal pursuant to this Article.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
(a) Reasonable Costs. An Applicant shall pay all reasonable costs incurred by the City related to the processing of any Proposal. Processing costs shall include, but not be limited to, the costs of services rendered by any City employee, agent or representative, including consultants and attorneys.
(b) Controller's Estimate. Upon receipt of a Proposal, the Clerk of the Board shall immediately ask the Controller to estimate the City's processing costs. The Controller shall complete his or her estimate of such costs within fifteen (15) City business days of receipt of a Proposal. The Clerk of the Board shall notify the Applicant of the Controller's Proposal Fee estimate within three (3) City business days of receipt from the Controller. Applicant shall pay the amount contained in the Controller's estimate within fifteen (15) City business days of notice.
(c) Failure To Pay. Failure to pay the estimated Proposal Fee shall render the Proposal incomplete. If no Proposal Fee is paid within six (6) months of notification to the Applicant of the Controller's estimate, the Board may deny the Proposal on that basis.
(d) Deposit/Offset. The Proposal Fee shall be deposited with the Controller. Within twenty (20) City business days of final action on a Proposal or an Applicant's formal acceptance or rejection of a Franchise, whichever is later, the Controller shall provide an account of the City's actual Proposal processing costs to the Applicant. The Controller may offset the Proposal processing costs from the Proposal Fee deposit consistent with the provisions of Administrative Code Sections 10.27-1 through 10.27-7. Where the City's actual costs are determined by the Controller to fall below the amount of the Proposal Fee deposit, the difference shall be refunded to the Applicant. Where the City's actual costs exceed the amount of the Proposal Fee deposit the Applicant shall be required to pay the difference to the Controller within twenty (20) City business days of notice.
(e) Exceptions. Where required by controlling Applicable Law a Proposal Fee paid pursuant to this Section shall be credited against any other charge, including Franchise Fees, required to be paid to the City.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
Each Department shall adopt regulations setting forth the information that each type of Proposal must contain, and make such regulations available immediately upon request. A Proposal shall include all information required by the Department unless the Department determines, in its discretion, that a substitute reasonably satisfies the Purpose of the regulations. At a minimum, regulations shall require Applicants to provide information required by Applicable Law and sufficient for the City to consider the Proposal pursuant to Section 11.13(g) and, where applicable, Section 11.13(h) below. Regulations shall also, where appropriate, distinguish among the requirements applicable to Proposals for initial Franchises, Transfer Proposals, Renewal Proposals, and Proposals to modify an existing Franchise. Regulations may require, without limitation:
(a) Identifying Information. Information identifying the Applicant, its principle place of business, its corporate structure, and its ownership;
(b) Experience. A statement describing all previous experience of the Applicant and any Affiliate(s) in providing the proposed Service(s), or constructing, operating, or maintaining Facilities used to provide the proposed Service(s), identifying any other Franchises to provide similar Service(s) awarded to Applicant, or any Affiliate(s), and the status of the construction of the Facilities under each Franchise;
(c) Proposed Franchise. The text of Applicant's proposed Franchise complying with Applicable Law, including, without limitation, a statement of the type of Service proposed to be provided. In the case of a Cable System Franchise:
(1) The Applicant must specify whether it seeks an OVS Franchise or a Cable System Franchise that is not an OVS; and
(2) A proposed Franchise shall not be required to be submitted with a renewal Proposal for a Cable System Franchise that is not an OVS if the Grantee is exercising its renewal rights pursuant to 47 U.S.C. Section 546.
(d) Related Documents. Any contracts, regulatory filings, shareholder reports, or other documents, including press releases, that refer to the Proposal, and all documents, schedules, exhibits, or the like referred to therein;
(e) Proposed Operations. To the extent applicable, a detailed description of the Applicant's plan of operation which shall include, at a minimum, a description of the existing and proposed Facilities and any construction plan;
(f) Financial Qualifications. Evidence that the Applicant has the financial resources and capacity to undertake and complete construction of the proposed Facilities, and to operate, maintain, repair, replace, and reconstruct the Facilities over the term of the Franchise;
(g) Technical Qualifications. Evidence that the Applicant is technically qualified to construct, operate and repair the Facilities;
(h) Legal Qualifications. Evidence that the Applicant is legally qualified to own, install, construct, operate, or provide Services using the Facilities;
(i) Customer Service and Consumer Benefits. A description of how the Applicant plans to address customer service issues and the benefits its market entry will provide to consumers in the City;
(j) Other Agreements. A detailed summary and copies of any and all agreements and undertakings, whether formal or informal, written, oral, or implied, existing or proposed to exist between the Applicant and any Person regarding the use of a Person's equipment or Facilities on which the Proposal depends;
(k) Certification. An affidavit or declaration, under penalty of perjury, by an officer of Applicant legally qualified to bind Applicant certifying:
(1) The truth and accuracy of the information in the Proposal and that the proposal meets all requirements of Applicable Law;
(2) That Applicant is willing to enter into a Franchise meeting the requirements of Applicable Law, to Pay required compensation, and to abide by the City's standard contract terms and all provisions of Applicable Law; and
(3) That Applicant has not entered into any agreement that would prevent it from complying with any of these requirements.
(Added by Ord. 58-00, File No. 000198, App. 4/7/2000)
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