(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.
(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)