(a) The purpose and intent of this chapter is to manage and control reasonable access to the public right of way in accordance with the home rule and statutory authority granted to charter municipalities. Access to the right of way shall be on a competitively neutral and non-discriminatory basis consistent with federal and state law. Users of the right of way shall fully reimburse the City's costs in maintaining the right of way including the costs related to the accelerated deterioration of the City's streets and walks due to repeated pavement cuts and repairs. This chapter does not take the place of any franchise, license or permit that may be required by law or ordinance.
(b) Unless preempted by applicable federal or state laws, this chapter shall apply and be controlling over each service provider engaged in the business of transmitting, supplying or furnishing services originating, passing through, or terminating in the City except for a cable television service provider that has been issued a permit under Chapter 717 or a telecommunications service provider that is an Affiliate of such a cable television service provider that, in providing telecommunications services, uses the same facilities in the public right of way as are used by such cable television service provider to provide cable television services under the Chapter 717 permit. This chapter applies to such a cable television provider or an Affiliated telecommunications service provider only to the extent specified in section 717.02(d). For the purpose of this provision, "Affiliate" means an entity that is either wholly owned by the cable television service provider or that is under common control of the same parent as the cable television service provider.
(c) No provision in this chapter is intended to nor shall any provision be applied to prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate gas, electric or telecommunications service.
(Ord. 375-02. Passed 10-8-02.)