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)

Sec. 7B-14. Conditions of street occupancy.

   (a)   The licensee or franchisee shall first obtain the written approval of the city engineer prior to commencing construction on the streets and public places of the city. Approval shall be in accordance with relevant Charter and Code provisions and administrative regulations, which approval shall not be unreasonably withheld. The licensee or franchisee shall notify the city at least ten (10) days prior to the commencement of any construction in any streets.

   (b)   The licensee or franchisee shall not open or disturb the surface of any street or public place for any purpose without first having obtained a permit to do so in the manner provided by law. All excavation shall be coordinated with other utility excavation or construction so as to minimize disruption to the public. Licenses or franchises hereunder shall join and participate in the local blue stake center.

   (c)   Use of existing poles or conduits.

   (1)   The licensee or franchisee shall utilize existing poles, conduits and other facilities whenever possible and shall not construct or install any new, different or additional above- ground poles, conduits or other facilities whether on public property or on privately owned property, unless the erection of new poles is authorized by the city manager or the city manager's designee. Nothing in this section shall prohibit the replacement of existing poles or the addition of poles on existing above-ground routes where engineering concerns mandate the addition of new poles to accommodate the licensee's/franchisee's facilities.

   (2)   The facilities of the licensee or franchisee shall be installed underground in those areas of the city where existing telephone and electric services are both underground at the time of construction by the licensee or franchisee. In areas where either telephone or electric utility facilities are installed aerially at the time of system construction, the licensee or franchisee may install its facilities aerially; however, at such time as the existing aerial facilities are placed underground, the licensee or franchisee shall likewise place its facilities underground at sole cost to the licensee or franchisee.

   (d)   All transmission and distribution structures, lines and equipment erected by the licensee or franchisee shall be located so as to cause minimum interference with the unencumbered use of streets and other public places and minimum interference with the rights and reasonable convenience of property owners who adjoin any of the streets and public places.

   (e)   The licensee or franchisee shall at its own expense repair, to the satisfaction of the city, all city-owned water lines, storm and sanitary sewer lines, service lines, water meters, streets, sidewalks, curbs, gutters, or other property of the city damaged by any of the operations of the licensee or franchisee, its contractors, subcontractors, employees, agents or assigns engaged in pursuant to its license or franchise. In case of disturbance or damage caused by the licensee or franchisee to any street or public place, the licensee or franchisee shall, at its own cost and expense and in the manner approved by the city, replace and restore such street or public place in as good a condition as before the work performed by the licensee or franchisee which caused such disturbance or damage.

   (f)   At any time during the period of the license or franchise, the licensee or franchisee shall, at its own expense, protect, support, temporarily disconnect, relocate or remove any of its property when, in the opinion of the city, the same is required by reason of traffic conditions, public safety, street vacation, freeway or street construction, alteration to or establishment of any street, sidewalk or other public place, installation of sewers, drains, waterlines, power lines, traffic signal lines or transportation facilities.

   (g)   The licensee or franchisee shall, on request of any person holding a permit to move a building, temporarily remove, raise or lower its wires to permit the movement of such buildings. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same, and the licensee or franchisee shall have the authority to require such payment in advance. The licensee or franchisee shall be given not less than five (5) days' advance notice to arrange such temporary wire alterations.

   (h)   Whenever, in case of fire or other emergency, it becomes necessary in the judgment of the city manager, police chief, fire chief, or their delegates, to remove or damage any of the licensee or franchisee's facilities, no charge shall be made by the licensee or franchisee against the city for restoration and repair.

   (i)   The licensee or franchisee shall have the authority to trim trees on public property at its own expense as may be necessary to protect its wires and facilities, subject to supervision and direction by the city. Trimming of trees or private property shall require written consent of the property owner.

   (j)   Protection of facilities. Nothing contained in this Section shall relieve any person from liability arising out of the failure to exercise reasonable care to avoid damaging the licensee or franchisee's facilities while performing any work connected with grading, regrading or changing the line of any street or public place or the construction or reconstruction of any sewer or water system.

   (k)   Notice of city improvements. The city shall provide the licensee or franchisee with reasonable notice of plans for street or other public improvements where paving or resurfacing of a permanent nature is involved. The notice shall contain the nature and character of the improvements, the streets upon which the improvements are to be made, the extent of the improvements and the work schedule for the project. The notice shall give the licensee or franchisee sufficient time to make any additions, alterations, modifications or repairs to its facilities as the licensee or franchisee deems necessary in advance of the commencement of the work, so as to permit the licensee or franchisee to maintain continuity of service.

   (l)   The licensee or franchisee, in conjunction with the requirements of a city project, shall at its sole expense make such relocations of its facilities within city rights-of-way or take other steps as may be necessary to facilitate any city project. Such relocations shall be under the same terms and conditions as a new installation pursuant to this chapter.

(Ord. No. 8522, § 1, 6-12-95; Ord. No. 8545, § 3, 7-10-95)