Section
General Provisions
92-01 Purpose and findings
92-02 Definitions
92-03 Rights reserved to city
92-04 City police power; continuing jurisdiction
92-05 Violation
License or Franchise to Occupy Public Highways
92-15 License required by telecommunications corporations
92-16 Telecommunication corporation license proposal
92-17 License or franchise terms
92-18 Limited communications provider licenses authorized; fees
92-19 Right-of-way permit
92-20 Revocation; refusal to renew
Rental Fees for Use of Public Highways
92-30 Fees and costs
92-31 (Repealed)
92-32 Non-facilities-based resellers
Location and Relocation of Facilities in Public Highways
92-40 Registration
92-41 Location and relocation of facilities in public highway
92-42 Conflicts with city projects
92-43 Damage to city public highways and facilities
92-44 Relocation of facilities
92-99 Penalty
General Provisions
(A) The purpose of this chapter is to establish a competitively neutral and non-discriminatory policy governing the management of public rights-of-way for the provision of telecommunications services. To that end, the City Council seeks to enable the city to:
(1) Authorize non-discriminatory and competitively neutral access to and use of the public rights-of-way by providers of telecommunications services, while ensuring that those who have placed facilities in the right-of-way or otherwise use such facilities to provide telecommunications services fairly compensate the city for that access and use; and
(2) Manage the public rights-of-way in order to minimize the impact and cost to Yuma citizens of the placement of telecommunications facilities within city rights-of-way; and
(3) Manage the public rights-of-way so as to maximize their efficient use, thereby minimizing the foreclosure of future additional uses of such rights-of-way; and
(4) Promote competition among telecommunications service providers and encourage the universal availability of advanced telecommunications services to all residents and businesses of the city; and
(5) Minimize congestion, inconvenience, visual impact, and other adverse effects on the city's public rights-of-way.
(B) The City Council finds that the city's rights-of-way constitute a valuable public asset:
(1) Having been acquired and maintained by the city over many years at great taxpayer expense;
(2) Providing uniquely valuable property that private telecommunications providers may wish to use for profit-making purposes that may not necessarily benefit all the residents of the city;
(3) Representing public investments for which the taxpayers are entitled to a fair monetary return on the city's past and future investment in the city's infrastructure; and
(4) Comprising significant assets which the city must manage as a public fiduciary trust to enhance the public health, safety, and welfare.
(C) Therefore, in this chapter the City Council intends:
(1) To ensure that locally elected officials manage local rights-of-way consistent with their fiduciary trust obligations;
(2) To ensure compliance with public health, safety, and welfare measures for city rights-of-way;
(3) To encourage public-private partnerships to provide telecommunications facilities needed for the most cost-effective delivery of public services, including schools, libraries, police and fire protection, as well as private services;
(4) To conserve the limited physical capacity of the rights-of-way held in public trust by the city;
(5) To assure that the city's current and ongoing costs of granting and regulating private access to and use of the rights-of-way are fully paid by the persons seeking such access and causing such costs; and
(6) To secure fair and reasonable compensation to the city and the residents of the city for use of the rights-of-way for private installation of telecommunications facilities, in the exercise of its police and other powers insofar as permitted by state and federal law.
(Ord. O98-02, passed 1-7-98; Ord. 099-52, passed 8-4-99)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is mandatory, and "may" is permissive. Words not defined herein or in the Arizona Public Service Law, A.R.S. §§ 40-201 et seq. or the Federal Communications Act of 1934, as amended, U.S. Code, Title 47, Chapter 5, shall be given their generally accepted meaning in the telecommunications industry.
CABLE SERVICES AND CABLE SYSTEM shall have the same meaning as defined in City of Yuma Ordinance O95-077.
COMMERCIAL MOBILE RADIO SERVICE. Two-way voice commercial mobile radio service as defined by the Federal Communications Commission in 47 Code of Federal Regulations Section 20.3, as amended.
COMMUNICATIONS. The transmission, between or among points specified by the user of information of the user's choosing, without change in the form or content of the information as sent and received, and includes but is not limited to telecommunications services and interstate communications services, but excludes cable and open video services. The operator of a fiber optics communication system shall be deemed to be a provider of communications services over facilities for the purposes of this chapter. Except as otherwise specifically provided for or excepted.
FACILITIES.
The plant, equipment, and property, including but not limited to poles, wires, pipe, conduits, pedestals, antenna, and other appurtenances placed in, on, or under highways and not owned by the city and used in the provision of communications services.
FIBER OPTICS COMMUNICATION SYSTEM. An interstate network of fiber optic cables and all related property including conduit, carrier pipe, cable fibers, repeaters, power sources, and other attachments and appurtenances necessary for the fiber optics communication.
NON-FACILITIES BASED RESELLER. Any person that provides telecommunications service over a facility located in whole or in part in the public highways but who does not own, lease, or have an indefeasible right to use the underlying facility used for the transmission, does not place any facilities in the public highway itself, and is not responsible for the operation, installation or maintenance of facilities in the public highways under any arrangement; and resells a transmission service provided by the owner of the facility.
PERSON. Any individual, partnership, association, corporations legal entity or organization of any kind. Whenever used in any clause prescribing a penalty, the term PERSON as applied to partnerships or associations includes partners or members thereof, and if applied to corporations, the officers thereof. PERSON does not include the City of Yuma.
PROVIDER. All persons required to obtain a franchise or license under this chapter, all telecommunications corporations, and all communications service providers.
PUBLIC HIGHWAY OR HIGHWAY. All roads, streets, and alleys and all other dedicated public rights-of-way and public utility easements of the city.
TELECOMMUNICATIONS.
The transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received. The term does not include commercial mobile radio services, pay phone services, or cable services.
TELECOMMUNICATIONS CORPORATION. Any public service corporation to the extent that it provides telecommunications services in this state.
TELECOMMUNICATIONS SERVICES.
The offering of telecommunications for a fee directly to the public, or to such users as to be effectively available directly to the public, regardless of the facilities used.
WIRELESS SERVICES. Any services that are provided to the public and that use licensed or unlicensed spectrum, whether at a fixed or mobile location using wireless facilities.
(Ord. O98-02, passed 1-7-98; Ord. O99-52, passed 8-4-99; Ord. O2003-48, passed 10-15-03; Ord. O2018-019, passed 8-1-18)
Without limiting the rights that the city might otherwise have, the city does hereby expressly reserve the following rights, powers, and authorities:
(A) To exercise its governmental powers now or hereafter to the full extent that such powers may be vested in or granted to the city.
(B) To determine any question of fact relating to the meaning, terms, obligations, or other aspects of this chapter and the instruments issued under this chapter.
(C) To grant multiple, nonexclusive licenses, franchises, licenses, or permits within the city to other persons.
(Ord. O98-02, passed 1-7-98)
(A) The provider shall at all times be subject to all lawful exercise of the police power by the city, including any and all chapters, rules, or regulations which the city has adopted or may adopt, and all laws, rules, regulations, orders, and policies of the state and the United States Government. In the event of a conflict between this chapter and other provisions of the city code, the stricter requirement shall apply.
(B) The city shall have continuing jurisdiction and supervision over any facilities located within or on city public highways. However, it is recognized that the daily administrative, supervisory, and enforcement responsibilities of the provisions of this chapter shall be delegated and entrusted to the City Administrator or designee to interpret, administer, and enforce the provisions of this chapter, and to promulgate standards regarding the construction, reconstruction, relocation, maintenance, dismantling, abandonment, or use of the facilities within the city public highways.
(Ord. O98-02, passed 1-7-98; Ord. O2018-019, passed 8-1-18)
From and after the effective date of this chapter, it shall be unlawful for any provider to occupy the public highways unless the provider is in compliance with the provisions of this chapter. The city may pursue any remedy at law, including but not limited to, injunctive relief, civil or criminal trespass, criminal misdemeanor, and withholding other city permits and authorizations until the provider complies with this chapter. These remedies are cumulative and may be pursued in the alternative.
(Ord. O98-02, passed 1-7-98; Ord. O2018-019, passed 8-1-18) Penalty, see § 92-99
License or Franchise to Occupy Public Highways
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