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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESS LINE. A unit of measurement representing:
(1) Each switched transmission path of the transmission media within the public rights-of-way extended to the end-user customer’s network interface within the city that allows delivery of telecommunications service;
(2) Each separate transmission path of the transmission media within the city’s public rights-of-way that terminates at an end user customer’s network interface of each loop provided as an unbundled network element to a person pursuant to an agreement under § 252 of the Federal Telecommunications Act of 1996 (47 U.S.C. § 252); or
(3) Each termination point of a non-switched telephone or other circuit consisting of transmission media connecting specific locations identified by, and provided to, the end-user for the delivery of non-switched telecommunications service within the city.
ACCESS LINE FEE. The amount in § 52.11 of this chapter to be applied to each access line on a monthly basis for the calculation of the total amount to be paid to the city by the provider and/or by any other person using the facilities of provider for the creation of telecommunications service to which this chapter applies.
AFFILIATE. A person who controls, is controlled by or is under common control with a provider. AFFILIATE does not include a person who serves end use customers by means of a wireless transmission. There is a rebuttable presumption of control if a provider owns 25% or more of the affiliate’s stock or assets.
CERTIFICATED TELECOMMUNICATIONS UTILITY. Any entity that has been granted or applied for a certificate under Tex. Tax Utilities Code Ch. 54 or other successor authorizing certificate to provide local exchange telephone service.
CITY. The City of Texas City, Texas. As used throughout, the term CITY also includes the designated agent of the city.
DIRECTION OF THE CITY. All lawful ordinances, laws, rules, resolutions and regulations of the city that are not inconsistent with this chapter and that are now in force or may hereafter be passed and adopted.
FACILITIES. Any and all of the provider’s duct spaces, manholes, poles, conduits, underground and overhead passageways and other equipment, structures, plant and appurtenances and all associated transmission media.
MUNICIPAL CONSENT. The individual grant to use the public rights-of-way issued by the city and accepted by the individual providers under this chapter governing the provider’s use of the public rights-of-way and the payment of compensation.
PERSON. A natural person (an individual), corporation, company, association, partnership, firm, limited liability company, joint venture, joint stock company or association, and other such entity.
PROVIDER. A person, including any certificated telecommunications utility, that delivers telecommunications service within the city to person(s) by way of a network, and that places facilities in, on or over the public rights-of-way. A PROVIDER does not include persons who are authorized by the city to occupy the public rights-of-way in specifically approved routes within the city, unless they also have a municipal consent under this chapter. To the extent allowed by law, PROVIDER also means a person that does not deliver telecommunications service within the city, but who uses, constructs or maintains facilities or transmission media within the public rights-of-way.
PUBLIC RIGHTS-OF-WAY. All present and future public streets, highways, lanes, paths, alleys, sidewalks, boulevards, drives, tunnels, easements or similar property in the city limits in which the city holds a property interest or exercises rights of management or control.
PUBLIC WORKS DIRECTOR. The mayor of the city or the City Manager, if applicable.
TELECOMMUNICATIONS NETWORK or NETWORK. All facilities placed in the public rights-of-way and used to provide telecommunications service to the public.
TELECOMMUNICATIONS SERVICE. The providing or offering to provide transmissions between or among points identified by the user, of information of the user’s choosing, including voice, video or data, without change in content of the information as sent and received, if the transmissions are accomplished through a telecommunications network. TELECOMMUNICATIONS SERVICE includes ancillary or adjunct switching services and signal conversions rendered as a function of underlying transmission services, but excludes long distance transmissions (inter-LATA (local access transport area) and intra-LATA toll transmissions). TELECOMMUNICATIONS SERVICE includes all communications services capable of being provided over a telephone system and certificated to telecommunications providers under the Tex. Utilities Code Title 2, Public Utility Regulatory Act, as amended, and Title II of the Communications Act of 1934, as amended, expressly excluding cable services or open video systems, as defined in Title VI of the Communications Act of 1934, as amended. Also excluded are wireless services, as defined by law.
TRANSMISSION MEDIA. Any and all of the provider’s cables, fibers, wires or other physical devices used to transmit and/or receive communication signals, whether analog, digital or of other characteristic, and whether for voice, data or other purposes.
(1998 Code, § 122-174) (Ord. 99-15, passed 4-7-1999)
(A) Prior to placing, reconstructing or altering facilities in, on or over the public rights-of-way, a provider must obtain a municipal consent from the city.
(B) The use of public rights-of-way for the delivery of any service not covered by this chapter is subject to all other applicable city requirements.
(C) Any provider with a current, unexpired consent, franchise, agreement or other authorization from the city (“grant”) to use the public rights-of-way that is in effect at the time this chapter takes effect shall continue to operate under and comply with that grant until the grant expires or until it is terminated by mutual agreement of the city and the provider and a municipal consent under this chapter is granted and in effect.
(1998 Code, § 122-175) (Ord. 99-15, passed 4-7-1999)
(A) A person must submit an application to the Public Works Director or his or her designee to initiate the process to obtain a municipal consent.
(B) The application must be on a form prescribed by the Public Works Director or his or her designee, and it must include the following:
(1) The identity of the applicant, including all contact information and designated responsible person, including all affiliates of the applicant that may have physical control of the network, to the extent known at the time of the application;
(2) A general description of the services to be provided initially;
(3) With respect to post-application construction a route map of the applicant’s proposed network, if any; and
(4) A description of the effect on the public rights-of-way, of any post-application construction, to the extent known, but not including routine maintenance and construction for additions to existing networks, except as may be required in § 52.17 of this chapter, including:
(a) The location and route required for applicant’s proposed telecommunications network;
(b) The location of all overhead and underground public utility, telecommunication, cable, water, sewer, drainage and other facilities in the public rights-of-way along the proposed route; and
(c) The specific trees, structures, improvements, facilities and obstructions, if any, that the applicant proposes to temporarily or permanently remove or relocate.
(5) While not a requirement for the issuance of a municipal consent, if applicable, the applicant shall provide:
(a) Evidence that the applicant holds or has applied for a Public Utility Commission of the state certificate and information to establish that the applicant will obtain all other governmental approvals and permits prior to construction; and
(b) Certification or other documentation to evidence the Public Utility Commission of the state or any other required governmental approval showing compliance with E911 requirements of Tex. Health and Safety Code Ch. 771 and 772 on emergency communication, and the State Public Utility Council Substantive Rules on interconnection, particularly 16 TAC § 23.97(a), (d) and (e), as amended.
(6) Such other and further information as may be reasonably requested by the Public Works Director or his or her designee as it relates to the use of the public rights-of-way.
(C) Each applicant that shall submit a non-refundable application fee of $850 with the application, with a credit in the amount of $850 on its first quarterly payment due under § 52.12 of this chapter.
(D) (1) The Public Works Director or his or her designee shall review an application submitted under this chapter and shall recommend to the City Commission that it grant or deny the application. The Public Works Director or his or her designee shall make recommendation to the City Commission as soon as practicable, but no later than the next generally scheduled City Commission meeting after the fiftieth day after a completed application has been filed.
(2) Upon mutual written agreement between the city and the provider, action on an application may be postponed for one or more periods not exceeding 30 days each.
(E) (1) Except for delay caused by the applicant, the City Commission must take an initial action on the Public Works Director or his or her designee’s recommendation within 45 days after receipt by the commission of the Public Works Director or his or her designee’s recommendation or the Public Works Director or his or her designee’s recommendation to grant an application shall be deemed approved.
(2) No City Commission action is required to confirm a denial recommendation, except acknowledgment of receipt of the recommendation.
(1998 Code, § 122-176) (Ord. 99-15, passed 4-7-1999)
(A) If the Public Works Director or his or her designee finds that the application meets the requirements of this chapter, the Public Works Director or his or her designee shall request the City Attorney or designee to prepare a municipal consent ordinance for the City Commission’s consideration.
(B) A municipal consent ordinance submitted to the City Commission must include the following provisions:
(1) A term of not more than five years for the municipal consent;
(2) A requirement that the provider substantially comply with this chapter;
(3) A requirement that the provider’s municipal consent is subject to termination by the City Commission, after notice and hearing, for the provider’s failure to comply with this chapter or on a showing that the provider has breached the terms of the municipal consent;
(4) A provision that incorporates the requirements of § 52.14 of this chapter; and
(C) Review and approval by the city does not constitute a guarantee of sufficiency of the design of the telecommunications network. The applicant retains full responsibility for the adequacy of the design of the telecommunications network.
(1998 Code, § 122-177) (Ord. 99-15, passed 4-7-1999)
(A) A person whose application for a municipal consent is denied, or whose application is not considered by the City Commission within the time allowed in § 52.16 of this chapter after the Public Works Director or his or her designee submits a recommendation under § 52.17 of this chapter or whose municipal consent is terminated, may petition the City Commission for consideration or reconsideration before seeking judicial remedies, with a public hearing before City Commission, if requested by the provider, such hearing being no more than 30 days from the date of the request.
(B) A petition for consideration or reconsideration is considered denied if the City Commission does not act within 60 days after the petition is filed with the City Secretary or after the public hearing, if any, whichever is later.
(1998 Code, § 122-178) (Ord. 99-15, passed 4-7-1999)
(A) The Public Works Director or his or her designee shall administer this chapter and enforce compliance with a municipal consent conveyed under this chapter.
(B) A provider shall report information related to the use of the public rights-of-way that the Public Works Director or his or her designee requires.
(C) The Public Works Director or his or her designee shall report to the City Commission upon the determination that a provider has failed to comply with this chapter.
(1998 Code, § 122-179) (Ord. 99-15, passed 4-7-1999)
(B) Section 52.20 of this chapter applies to a provider that has a property interest in a network.
(1998 Code, § 122-180) (Ord. 99-15, passed 4-7-1999)
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