Sec. 7B-7. Time is of the essence.

Whenever this chapter or the license or franchise agreement sets forth any time for any act to be performed by the licensee or franchisee, such time shall be deemed of the essence; and the licensee's failure to perform within the time allotted shall, in all cases, be sufficient grounds for the city to invoke the remedies available under the terms and conditions of this chapter and the license or franchise agreement.

(Ord. No. 8522, § 1, 6-12-95)

Sec. 7B-8. License or franchise required.

   (a)   License or franchise required. No person shall provide competitive telecommunications services within the city, unless a license or franchise has first been granted by the mayor and council pursuant to the provisions of this chapter, and unless the license or franchise agreement is in full force and effect. No applications for a license or franchise shall be considered unless the city has first requested proposals in the form and in the manner prescribed by the city. Nothing in this chapter shall be deemed to require the granting of any license or franchise when in the opinion of the city it would not be in the public interest to do so.

   (b)   License or franchise nonexclusive. Any license or franchise granted pursuant to this chapter by the city shall not be exclusive, and the city specifically reserves the right to grant other licenses or franchises to any persons at any time and in any area of the city if the city determines that the granting of additional licenses or franchises are in the public interest.

   (c)   License or franchise binding. All provisions of this chapter and any license or franchise agreement shall be binding upon the licensee or franchisee, its successors, lessees or assignees.

(Ord. No. 8522, § 1, 6-12-95)

Sec. 7B-9. Grant of authority.

   (a)   Length of license or franchise. Any license or franchise granted by the city pursuant to this chapter shall commence upon execution of the license or franchise agreement by the license or franchisee and the city and shall be for a period of fifteen (15) years, subject to the conditions and restrictions as provided in this chapter. A license or franchise agreement may be renewed pursuant to the provisions of section 7B-18 ("Renewal and Termination") of this chapter. No privilege or exemption shall be inferred from the granting of any license or franchise unless it is specifically prescribed.

   (b)   No right of property. The granting of any license or franchise pursuant to this chapter shall be a privilege and shall not impart to the license or franchisee any right of property in any city street or other city property.

   (c)   Subject to city police powers and other regulatory agencies' rules and regulations. The licensee or franchisee shall, at all times during the term of the license or franchise agreement, be subject to all lawful exercise of the police power by the city, including any and all ordinances, rules, or regulations which the city has adopted or may adopt applying to the public generally and to the licensee or franchisee, and all laws, rules, regulations, orders, and policies of the state and the United States Government. Any conflict between the provisions of this chapter and any other present or future lawful exercise of the city police powers shall be resolved in favor of the latter.

(Ord. No. 8522, § 1, 6-12-95)

Sec. 7B-10. Local regulatory framework.

   (a)   Continuing regulatory jurisdiction. The mayor and council shall have continuing regulatory jurisdiction and supervision over the operation of any license or franchise granted pursuant to this chapter. However, it is recognized that the daily administrative, supervisory, and enforcement responsibilities of the provisions of this chapter and the license or franchise agreement shall be delegated and entrusted to the city Manager as hereafter provided.

   (b)   The city manager or the city manager's designee, as appropriate, shall have the following responsibilities and authority:

   (1)   To interpret, administer and enforce the provisions of this chapter and the license or franchise agreement;

   (2)   To represent the city in all matters pertaining to the implementation of the provisions of this chapter and the license or franchise agreement;

   (3)   To review and audit reports and other documents submitted to the city as required by this chapter or other law, so as to ensure that the necessary reports are completed and fulfilled pursuant to the terms of this chapter;

   (4)   To assure that all records, rules and charges pertinent to the system are made available for inspection at reasonable hours upon reasonable notice;

   (5)   To confer with the licensee or franchisee and advise and supervise the interconnection and compatibility of the system with other systems in the city;

   (6)   To establish and administer sanctions as authorized by the mayor and council to ensure compliance with this chapter;

   (7)   To advise the mayor and council on matters which may constitute grounds for termination of the license or franchise agreement in accordance with this chapter;

   (8)   To advise the mayor and council on proposed transfers of the system;

   (9)   To promulgate regulations regarding the construction, reconstruction, operation, maintenance, dismantling, testing or use of the system as necessary;

   (10)   To ensure that the licensee or franchisee makes all services available to all residents of the city on a nondiscriminatory basis;

   (11)   To perform any other duties assigned under the provisions of this chapter or other legislation which may hereafter be enacted by the mayor and council or such other related duties as the mayor and council may direct.

(Ord. No. 8522, § 1, 6-12-95)

Sec. 7B-11. Regulation costs.

The cost of regulating the license or franchisee shall be paid out of revenue derived from license or franchise fees provided for by section 7B-26 of this chapter. Until such time as the license or franchise fees generated are in an amount sufficient to cover the cost of regulation and other city costs associated with the implementation of this chapter, all as determined by the mayor and council, as such costs and expenses as approved and budgeted by the mayor and council shall be an assessment against the licensee or franchisee and shall be paid within fifteen (15) days, written notice to the licensee or franchisee of the amount due. Amounts so assessed and paid shall be a credit against future license or franchise fee payments pro rata.

(Ord. No. 8522, § 1, 6-12-95)

Sec. 7B-12. Geographic area of the system.

The geographic area of the license or franchise shall include all portions of the city's jurisdiction specifically set forth within the license or franchise.

(Ord. No. 8522, § 1, 6-12-95)

Sec. 7B-13. Shared facilities.

   (a)   To maximize public and employee safety, to minimize visual clutter of aerial plant, and to minimize the amount of trenching and excavation in and along city streets and sidewalks for underground plant, telecommunications companies licensed hereunder shall make every commercially reasonable effort to interconnect or to collectively "bundle" compatible facilities within the right-of-way subject to the engineering requirements of the owners of utility poles and other facilities used by the licensee or franchisee.

   (b)   In the event of a dispute between licensees or franchisees regarding compatibility of facilities or reasonableness of interconnection requirements, the matter shall be submitted to the city manager or the city manager's designee for determination, whose decision shall be final and binding upon the respective licensees or franchisees; however, this section shall not govern disputes between a licensee or franchisee under this chapter and a licensee or franchisee of the city who does not provide competitive telecommunications service.

(Ord. No. 8522, § 1, 6-12-95)