A. Statutory Authority: The Telecommunications Act of 1996 preserves the authority of state and cities to manage public rights-of-way, including the power to impose fair and reasonable requirements for the identification and inspection of fiber optic facilities and infrastructure of public rights-of-way. Said authority is further vested in the City by virtue of state law. (11 O.S. §36-101; 18 O.S. §601)
B. Purpose: This provision is enacted to ensure all applicable operations of telecommunications service providers are in conformance with established regulations for installing, operating and maintaining related equipment and services within public rights-of-way, to include, but not limited to, fiber optic cable and other communication utilities. Said oversight only pertains to those rights and powers reserved to the City as authorized by federal and state law. Regulation of these activities is paramount to preserve the integrity of the communications and data transfer infrastructure to preserve the health, safety and welfare of the general public.
C. Definitions: For purposes of this section, the following terms have the meanings ascribed below:
APPLICANT: | A corporation, partnership, or other business entity, or individual person or persons on behalf of a Telecommunications Service Provider, who has submitted an application for a permit required for certain activities pursuant to this chapter. |
APPLICATION: | Shall be interpreted as the application for a permit submitted pursuant to this chapter. |
CITY: | The City of Seminole, Oklahoma. |
GOOD CAUSE: | For the purpose of denying a permit thereof under this chapter:, the following conduct shall be considered prima facia evidence satisfying the element of "good cause", to wit: 1. The Applicant or Licensee has violated, does not meet, or has failed to comply with any of the terms, conditions or provisions of this chapter and any rule and regulation promulgated pursuant to this chapter or any state law or regulation or federal law except any federal or state law that conflicts with the provisions set forth herein. 2. The Applicant or Licensee has failed to comply with any special terms, requirements or conditions that were placed on its permit at the time the permit was issued, or that were placed on its permit at the time the permit was issued, or that were placed on its permit in prior disciplinary proceeding or that arose in the content of potential disciplinary proceedings; or |
3. The Applicant or Licensee's operations have been operated in a manner that adversely affects the public health, welfare or safety of the City. Evidence to support such a finding may include, but is not limited to: a. A continuing pattern of offenses against the public peace, as defined in Title 8, Health and Sanitation, and Title 10, Offenses and Crimes; b. A continuing pattern of noncooperation or intentional acts of noncompliance with City codes and regulations. c. Failure to provide timely and correct information as may be required by City code enforcement officials in the performance of their duties; d. Failure to pay any required fee or costs that may be imposed with the issue or renewal of said permit; e. Failure by Applicant or Licensee to provide the required information under 9-11-2 this chapter. f. Failure to execute any agreement or other documents as may be required for purposes of approving the issuance or renewal of a permit. | |
PUBLIC RIGHT-OF-WAY: | Only the area of real property in which the City has a dedicated or acquired right-of-way interest in the real property. It shall include the area on, below or above the present and future streets, alleys, avenues, roads, highways, parkways or boulevards dedicated or acquired as right-of-way. The term does not include the airwaves above a right-of-way with regard to wireless telecommunications or other non-wire telecommunications or broadcast service, easements obtained by utilities or private easements in platted subdivisions or tracts. |
TELECOMMUNICATION S SERVICE PROVIDER: | A provider of telecommunications services in whole or in part, including both regulated and unregulated services, such as the provision of intemet access, who owns fiber optic cable facilities or other communication facilities within the municipal limits. Said definition shall include its owners, subsidiaries, partners, agents, representatives or assigns. For purposes of these provisions, a Telecommunications Service Provider may be referred to as a "licensee." (Ord. 1267, 6-14-2022; amd. Ord. 1288, 4-11-2023) |