(A) General. The city is empowered and authorized to issue, in accordance with Utah Constitution Art. XI, and other applicable statutory provisions, nonexclusive franchises and/or licenses governing the installation, construction, operation, and maintenance of systems in the city’s rights-of-way.
(B) Every provider must obtain. Every provider must obtain a franchise prior to constructing a telecommunications facility or providing telecommunications services, and every provider must obtain a franchise before constructing an open video system or providing services via an open video system. The fact that a particular communications facility may be used for multiple purposes does not obviate the need to obtain a franchise for other purposes. By way of illustration and not limitation, a cable operator of a cable system must obtain a cable franchise, and, should it intend to provide telecommunications services over the same facilities, must also obtain a telecommunications franchise.
(C) Exceptions. A franchise may be waived for a facility or system that is not designed to provide services in the city, and that does not provide services in the city; or a facility, such as an antenna, where the use of the rights-of-way is de minimis. For such facilities, the city may issue a license. Every license shall require the provider owning or operating the facility to obtain a franchise if it is determined that the license is being used in a manner that creates a competitive advantage for that provider, or otherwise unduly discriminates in favor of such provider.
(D) Nature of grant. Neither a franchise nor a license shall convey title, equitable or legal, in the rights-of-way of the city. A franchise or license is only the right to occupy rights-of-way in the franchise area or license area for the purposes, and for the period, stated in the franchise or license; the right may not be subdivided or subleased. Neither a franchise nor license excuses a provider from obtaining appropriate access or pole attachment agreements before collocating its facilities on the facilities of others, including the city’s facilities.
(E) Current operators, infrastructure providers, resellers, and system lessees. Any provider acting without a franchise or license on the effective date of this chapter shall request issuance of a franchise or license from the city within 90 days of the effective date of this chapter. If such request is made, the provider may continue providing service during the course of negotiations. If a timely request is not made, or if negotiations cease and a franchise or license is not granted, the provider shall comply with the provisions of § 114.34(D).
(F) Nature of franchise or license. The franchise or license granted by the city under the provisions of this chapter shall be in the nature of a nonexclusive franchise or license providing the right and consent to install, operate, repair, maintain, remove, and replace fiber and related equipment and facilities on, over, and under the rights-of-way of the city in order to provide services that originate and/or terminate in, or transit, the franchise area or license area.
(G) Regulatory approval needed. Before offering or providing any services pursuant to the franchise or license, a provider shall obtain any and all regulatory approvals, permits, authorizations, or licenses for the offering or provision of such services from the appropriate federal, state, and local authorities, if required, and shall submit to the city, upon the written request of the city, evidence of all such approvals, permits, authorizations, or licenses.
(H) Other permits and agreements. A provider shall obtain and pay for all pole attachment agreements, and construction, building, road cut, or other permits or approvals necessary under federal, state, or city law or ordinance, before installing fiber or related equipment and facilities.
(I) Term. No franchise or license issued pursuant to this chapter shall have a term of less than five years nor greater than 15 years.
(Prior Code, § 13.09.030) (Ord. 10-98, passed 5-20-1998)