§ 91.110 REGISTRATION, FRANCHISE APPLICATION AND FRANCHISE AGREEMENT REQUIRED.
   (A)   Unless exempted herein, prior to occupying city public rights-of-way, all providers shall register with the city, as required by § 91.056; shall file a franchise application with the city, as required by § 91.111; and shall enter into a franchise agreement with the city within nine months of date of application.
   (B)   Notwithstanding anything to the contrary in this chapter, a provider who is a non-breach in a party to an unexpired franchise agreement for a service it provides within the city shall not be required to enter into multiple or different franchise agreements for its provision of a different service within the city as long as the provider has registered all its services with the city pursuant to § 91.056. Further, nothing in this division (B) waives a provider’s duty to pay franchise fees or right-of-way use fee as required under this chapter.
   (C)   Unless exempted herein, any provider who occupies the public rights-of-way without an unexpired franchise agreement shall file a franchise application pursuant to this section within 45 days of the effective date of this chapter.
   (D)   Unless exempted herein, any provider whose facilities occupy the public right-of-way, with or without an unexpired franchise agreement from the city, must comply with all provisions of this chapter, specifically including payment of a right-of-way fee pursuant to § 91.116.
   (E)   The following providers are exempt from the franchise application process and franchise agreement requirements in §§ 91.110 and 91.111, but remain obligated to abide by all other applicable sections of this chapter.
      (1)   Any provider who is a non-breaching party to an unexpired franchise agreement with the city which expressly authorizes the provider’s use and occupation of the public rights-of-way for the specific communications or utility services provided.
      (2)   Any provider who occupies the public rights-of-way but does not provide any communications or utility services to persons, providers or locations within the city.
(Ord. 1326, passed 4-3-2017)