HomeMy WebLinkAbout2814 Adding AMC Title 16 ORDINANCE NO.
AN ORDINANCE ADDING TITLE 16 TO THE ASHLAND
MUNICIPAL CODE TO REGULATE, FACILITATE AND PROVIDE
FOR TELECOMMUNICATIONS WITHIN THE CITY OF ASHLAND
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The following title and chapters are added to the Ashland Municipal
Code:
Chapters:
16.04
16.08
16.12
16.16
16.20
16.24
16.28
Title 16
TELECOM M U N ICATION S
Purpose, Definitions
Registration of Telecommunications Carriers
Construction Standards
Location of Telecommunications Facilities
Telecommunications License of Franchise
General License and Franchise Terms, Rates
General Provisions
PAGE 1-TELECOMM U NICATIONS ORDINANCE {p:ord~telecomrn\telecornm.d-l)
Chapter 16.04
Purpose, Definitions
Sections:
16.04.010
16.04.020
16.04.030
16.04.040
Purpose
Jurisdiction and Management of the Public Rights of Way
Regulatory Fees and Compensation Not a Tax
Definitions
16.040.010 Purpose. The purpose of this title is to:
Comply with the provisions of the 1996 Telecommunications Act as they
apply to local governments, telecommunications carriers and the services
they offer;
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Establish clear local guidelines, standards and time frames for the
exercise of local authority with respect to the regulation of
telecommunications carriers and services;
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Promote competition on a competitively neutral basis in the provision of
telecommunications services;
Encourage the provision of advanced and competitive
telecommunications services on the widest possible basis to businesses
institutions and residents of the city;
Permit and manage reasonable access to the public rights of way of the
city for telecommunications purposes on a competitively neutral basis
and conserve the limited physical capacity of those public rights of way
held in trust by the city;
Assure that the city"s current and ongoing costs of granting and
regulating private access to and the use of the public rights of way are
fully compensated by the persons seeking such access and causing
such costs;
Secure fair and reasonable compensation to the city and its residents for
permitting private use of the public right of way;
Assure that all telecommunications carriers providing facilities or services
within the city, or passing through the city, register and comply with the
ordinances, rules and regulations of the city;
Assure that the city can continue to fairly and responsibly protect the
public health, safety and welfare of its citizens;
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Enable the city to discharge its public trust consistent with the rapidly
evolving federal and state regulatory policies, industry competition and
technological development.
16.04.020 Jurisdiction and Management of the Public Rights of Way
The city has jurisdiction and exercises regulatory control over all public
rights of way within the city under authority of the city charter and state
law.
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Public rights of way include, but are not limited to, streets, roads,
highways, bridges, alleys, sidewalks, trails, paths, public easements and
all other public ways or areas, including the subsurface under and air
space over these areas.
The city has jurisdiction and exercises regulatory control over each public
right of way whether the city has a fee, easement, or other legal interest
in the right of way. The city has jurisdiction and regulatory control over
each right of way whether the legal interest in the right of way was
obtained by grant, dedication, prescription, reservation, condemnation,
annexation, foreclosure or other means.
No person may occupy or encroach on a public right of way without the
permission of the city. The city grants permission to use rights of way by
franchises, licenses and permits.
The exercise of jurisdiction and regulatory control over a public right of
way by the city is not official acceptance of the right of way, and does
not obligate the city to maintain or repair any part of the right of way.
The city retains the right and privilege to cut or move any
telecommunications facilities located within the public rights of way of the
city, as the city may determine to be necessary, appropriate or useful in
response to any public health or safety emergency.
16.04.030 Regulatory Fees and Compensation Not a Tax
The regulatory fees and costs provided for in this title, and any
compensation charged and paid for the public rights of way provided for
in this title, are separate from, and in addition to, any and all federal,
state, local and city taxes as may be levied, imposed or due from a
telecommunications carrier, its customers or subscribers, or on account
of the lease, sale, delivery or transmission of telecommunications
services.
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The city has determined that any fee imposed by this title is not subject
to the property tax limitations of Chapter Xl, Section 11 (b) of the Oregon
Constitution.
16.04.040 Definitions. For the purpose of this title the following terms, phrases, words
and their derivations shall have the meaning defined in this chapter. When not
inconsistent with the context, words used in the present tense include the future,
words in the plural number include the singular number and words in the singular
number include the plural number. The words "shall" and "will" are mandatory and
"may" is permissive. Words not defined in this chapter shall be given the meaning set
forth in the Communications Policy Act of 1934, as amended, the Cable
Communications Policy Act of 1984, the Cable Television Consumer Protection and
Competition Act of 1992, and the Telecommunications ACt of 1996. If not defined
there, the words shall be given their common and ordinary meaning.
Aboveground or Overhead Facilities means utility poles, utility facilities
and telecommunications facilities above the surface of the ground,
including the underground supports and foundations for such facilities.
B. Affiliated Interest shall have the same meaning as ORS 759.010.
Cable Act shall mean the Cable Communications Policy Act of 1984, 47
U.S.C. §521, et seq., as now and hereafter amended.
Cable Service means the one-way transmission to subscribers of video
programming, or other programming service; and subscriber interaction,
if any, which is required for the selection or use of such video
programming or other programming service.
Control or Controlling Interest means actual working control in whatever
manner exercised.
City Property means and includes all real property owned by the city,
other than public streets and utility easements as those are defined in
this chapter, and all property held in a proprietary capacity by the city,
which are not subject to right of way licensing and franchising as
provided in this title.
Conduit means any structure, or section of any structure, containing one
or more ducts, conduits, manholes, handholes, bolts, or other facilities
used for any telegraph, telephone, cable television, electrical, or
communications conductors, or cable right of way, owned or controlled,
in whole or in part, by one or more public or private utilities.
H. Duct means a single enclosed raceway for conductors or cable.
PAGE 4-TELECOMMUNICATIONS ORDINANCE (p:ord\telecornm\telecomrn,d-1)
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FCC or Federal Communications Commission - means the federal
administrative agency, or lawful successor, authorized to regulate and
oversee telecommunications carriers, services and providers on a
national level.
Franchise or License means an agreement between the city and a
grantee which grants a privilege to use public right of way and utility
easements within the city for a dedicated purpose and for specific
compensation.
Grantee means the person to which a franchise or license is granted by
the city.
Gross Revenue means gross revenue derived by grantee from the
provision of telecommunications services originating or terminating in the
city on facilities covered by the franchise or license. For the purposes of
this definition, the following items may be excluded from gross revenues:
1. Net uncollectibles from revenue included in gross revenues.
2. Revenue derived from the provision of interstate toll service.
3. Revenue derived from the provision of telecommunications
service on facilities from an end user to an interexchange carrier's
point of presence, provided that at least 90% of the annual traffic
on the facility is interstate.
4. Revenue derived from toll transport services.
Local Exchange Service means service provided within the boundaries of
an exchange as the exchange appears on the exchange maps filed with
and approved by the Oregon Public Utility Commission. Local exchange
service includes "shared telecommunications service," as defined in ORS
Chapter 759.
Oregon Public Utilities Commission or OPUC means the statutorily
created state agency in the State of Oregon responsible for licensing,
regulation and administration of certain communications providers as set
forth in Oregon Law.
Person means an individual, corporation, company, association, joint
stock company or association, firm, partnership, or limited liability
company.
Private Telecommunications Network means a system, including the
construction, maintenance or operation of the system, for the provision of
a service or any portion of a service, by a person for the exclusive use of
that person and not for resale, directly or indirectly. "Private
telecommunications network" includes services provided by the State of
Oregon pursuant to ORS 190.240 and 283.140.
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Public Rights of Way include, but are not limited to, streets, roads,
highways, bridges, alleys, sidewalks, trails, paths, public easements and
all other public ways or areas, including the subsurface under and air
space over these areas, but only to the extent of the city's right, title,
interest or authority to grant a license or franchise to occupy and use
such streets and easements for telecommunications facilities.
Public Street means any highway, street, alley or other public right of way
for motor vehicle travel under the jurisdiction and regulatory control of
the city which has been acquired, established, dedicated or devoted to
vehicular travel and pedestrian purposes not inconsistent with
telecommunications facilities.
Telecommunications means the transmission between and 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.
Telecommunications Act means the Telecommunications Act of 1996 (47
U.S.C. § 151 et seq.) as adopted and as hereafter amended.
Telecommunications Carrier means any provider of telecommunications
services and includes every person that directly or indirectly owns,
controls, operates or manages telecommunications facilities within the
city and competitive providers of local exchange or interexchange
services.
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Telecommunications Facilities or System means the equipment, other
than customer premises equipment, used by a carrier to provide
telecommunications services.
Telecommunications Service means the offering of telecommunications
for a fee directly to the public, or to such classes of users as to be
effectively available directly to the public, regardless of the facilities used.
Telecommunications service includes but is not limited to any service
provided for the purpose of voice, video or data transmission, including,
but not limited to, local exchange service, access service, extended area
service, call origination, interconnection, switching, transport, or call
termination and any other telecommunications services identified and
authorized by the FCC or the OPUC.
X. Telecommunications Utility has the same meaning as ORS 759.005(1)(a).
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Toll Service means telecommunications service provided between local
exchanges carried on the public switched network for which charges are
made on a per-unit basis, excluding calls made within an extended area
service region approved by the OPUC.
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Underground Facilities means utility and telecommunications facilities
located under the surface of the ground, excluding the underground
foundations or supports for "Overhead facilities."
Usable Space means all the space on a pole, except the portion below
ground level, the 20 feet of safety clearance space above ground level,
and the safety clearance space between communications and power
circuits.
BB.
Utility Easement means any easement granted to or owned by the city
and acquired, established, dedicated or devoted for public utility
purposes not inconsistent with the telecommunications facilities.
CC.
Utility Facilities means the plant, equipment and property, including but
not limited to the poles, pipes, mains, conduits, ducts, cable, wires,
transformers, plant and equipment located under, on, or above the
surface of the ground within the public right of way of the city and used
or to be used for the purpose of providing utility or telecommunications
services.
PAGE 7-TELECOMMUNICATIONS ORDINANCE
Chapter 16.08
Registration of Telecommunications Carriers
Sections:
16.08.010
16.08.020
16.08.030
16.08.040
Purpose
Registration Required
Registration Fee.
Exceptions to Registration
16.08.010 Purpose. The purpose for registration is:
To assure that all telecommunications carriers who have facilities or
provide services within the city comply with the ordinances, rules and
regulations of the city.
To provide the city with accurate and current information concerning the
telecommunications carriers who offer to provide telecommunications
services within the city, or that own or operate telecommunications
facilities within the city.
To assist the city in the enforcement of this title and the collection of any
city franchise fees, license fees or charges that may be due the city.
To assist the city in monitoring compliance with local, state and federal
laws as they apply to grantees under this title.
16.08.020 Registration Required. Except as provided in section 16.08.040, all
telecommunications carriers having telecommunications facilities within the corporate
limits of the city, and all telecommunications carriers that offer or provide
telecommunications service to customer premises within the city, shall register with the
city pursuant to this chapter on forms to be provided by the Finance Department
which shall include the following:
A. The identity and legal status of the registrant, including any affiliates.
The name, address and telephone number of the officer, agent or
employee responsible for the accuracy of the registration statement.
A description of the registrant's existing or proposed telecommunications
facilities within the city.
A description of the telecommunications service that the registrant
intends to offer or provide, or is currently offering or providing, to
persons, firms, businesses or institutions within the city.
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Information sufficient to determine whether the registrant is subject to
public right of way licensing or franchising under this title.
Information sufficient to determine whether the transmission, origination
or receipt of the telecommunications services provided or to be provided
by the registrant constitutes an occupation or privilege subject to any
municipal telecommunications tax, utility tax or other occupation tax
imposed by the city.
Information sufficient to determine that the applicant has applied for and
received any certificate of authority or permit required by the FCC or the
OPUC to provide telecommunications services within the city.
Information sufficient to determine that the applicant has applied for and
received any construction permit, operating license or other approvals
required by the FCC to have telecommunications facilities within the city.
If the registrant has applied for and received a city business license, list
the license number.
J. Such other information as the city may reasonably require.
16.08.030 Registration Fee. Each application for registration as a telecommunications
carrier shall be accompanied by a nonrefundable registration fee, equal to the
minimum new business license fee as established by the council.
16.08.040 Exceptions to Registration. The following telecommunications carriers are
excepted from registration:
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Telecommunications carriers that are owned and operated for its own
use by the state or a political subdivision of this state.
A private telecommunications network, provided that such network does
not use or occupy any public rights of way of the city or other rights of
way within the city.
PAGE g-TELECOMMUNICATIONS ORDINANCE (p:ord\telecomm\telecornm.d-1)
Chapter 16.12
Construction Standards
Sections:
16.12.010
16.12.020
16.12.030
16.12.040
16.12.060
16,12.070
16.12.080
16.12.090
16.12.100
16.12.110
16.12.120
16.12.130
16,12.140
16.12.150
16,12.160
16.12.170
16.12.180
16.12.190
16.12.200
16.12.210
General
Construction Codes
Construction Permits
Permit Applications
Traffic Control Plan
Construction Permit Fee
Issuance of Permit
Construction Schedule
Locates
Compliance with Permit
Display of Permit
Survey of Underground Facilities
Noncomplying Work
Completion of Construction
As-Built Drawings
Restoration of Public Rights of Way, Other Rights of Way and City
Property
Landscape Restoration
Construction and Completion Bond
Responsibility of Owner
Coordination of Construction Activities
16.12.010 General. No person shall commence or continue with the construction,
installation or operation of telecommunications facilities within public rights of way in
the city except as provided in this chapter.
16.12.020 Construction Codes. Telecommunications facilities shall be constructed,
installed, operated and maintained in accordance with all applicable federal, state and
local codes, rules and regulations including the National Electrical Code and the
National Electrical Safety Code.
16.12.030 Construction Permits. No person shall construct or install any
telecommunications facilities within the city without first obtaining a construction permit,
provided, however:
No permit shall be issued for the construction or installation of
telecommunications facilities within the city unless the
telecommunications carrier has filed a registration statement with the city
pursuant to chapter 16.08.
No permit shall be issued for the construction or installation of
telecommunications facilities in the public rights of way unless the
PAGE 10-TELECOMMUNICATIONS ORDINANCE {p:ord\telecomm\telecornm.d-1)
telecommunications carrier has applied for and received a license or
franchise pursuant to chapter 16.20.
No permit shall be issued for the construction or installation of
telecommunications facilities without payment of the construction permit
fee established in section 16.12.070.
16.12.040 Permit Applications. Applications for permits to construct
telecommunications facilities shall be submitted upon forms to be provided by the city
and shall be accompanied by drawings, plans, specifications and computer maps in a
format specified by the city, in sufficient detail to demonstrate:
That the facilities will be constructed in accordance with all applicable
codes, rules and regulations.
The location and route of all facilities to be installed aboveground or on
existing utility poles. The location and route of all facilities to be located
under the surface of the ground, including the line and grade proposed
for the burial at all points along the route which are within the public
rights of way.
The location of all existing underground utilities, conduits, ducts, pipes,
mains and installations which are within the public rights of way along the
underground route proposed by the applicant.
The location of all other facilities to be constructed within the city, but not
within the public rights of way.
The construction methods to be employed for protection of existing
structures, fixtures, and facilities within or adjacent to the public rights of
way.
The location, dimension and types of all trees within or adjacent to the public rights of
way along the route proposed by the applicant, together with a landscape plan for
protecting, trimming, removing, replacing and restoring any trees or areas to be
disturbed during construction.
16.12.060 Traffic Control Plan. All permit applications which involve work on, in, under,
across or along any public rights of way shall be accompanied by a traffic control plan
demonstrating the protective measures and devices that will be employed, consistent
with Uniform Manual of Traffic Control Devices, to prevent injury or damage to persons
or property and to minimize disruptions to efficient pedestrian and vehicular traffic.
16.12.070 Construction Permit Fee. Unless otherwise provided in a license or franchise
agreement, prior to issuance of a construction permit, the applicant shall pay a permit
fee equal to $250.00 or six tenths of one percent (0.6%) of the estimated cost of
constructing the telecommunication facilities, whichever is greater.
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16.12.080 Issuance of Permit. If satisfied that the applications, plans and documents
submitted comply with all requirements of this title, the Department of Public Works
shall issue a permit authorizing construction of the facilities, subject to such further
conditions, restrictions or regulations affecting the time, place and manner of
performing the work as they may deem necessary or appropriate.
16.12.090 Construction Schedule. The permittee shall submit a written construction
schedule to the Department of Public Works before commencing any work in or about
the public rights of way. The permittee shall further notify the Department of Public
Works not less than two working days in advance of any excavation or work in the
public rights of way. When feasible, permittee shall contact all other utilities located
within the right of way in order to allow joint projects if desired to minimize duplication
of work and unnecessary excavation.
16.12.100 Locates. The permittee is responsible for becoming familiar with, and
understanding the provisions of ORS Chapter 757, governing the location of
underground facilities (the "One-Call statutes"). Grantee shall comply with the terms
and conditions set forth in the One-Call statutes.
16.12.110 Compliance with Permit. All construction practices and activities shall be in
accordance with the permit and approved final plans and specifications for the
facilities. The Department of Public Works and its representatives shall be provided
access to the work site and such further information as they may require to ensure
compliance with such requirements.
16.12.120 Display of Permit. The permittee shall maintain a copy of the construction
permit and approved plans at the construction site, which shall be displayed and made
available for inspection by the Department of Public Works or its representatives at all
times when construction work is occurring.
16.12.130 Survey of Underground Facilities. If the construction permit specifics the
location of facilities by depth, line, grade, proximity to other facilities or other standard,
the permittee shall cause the location of such facilities to be verified by a registered
Oregon land surveyor. The permittee shall relocate any facilities which are not located
in compliance with permit requirements at the sole expense of the permittee.
16.12.140 Noncomplying Work. Upon order of the Department of Public Works, all
work which does not comply with the permit, the approved plans and specifications for
the work, or the requirements of this title, shall be removed at the sole expense of the
permittee.
16.12.150 Completion of Construction. The permittee shall promptly complete all
construction activities so as to minimize disruption of the city rights of way and other
public and private property. All construction work authorized by a permit within city
rights of way, including restoration, must be completed within 120 days of the date of
issuance.
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16.12.160 As-Built Drawings. Within 60 days after completion of construction, the
perm,tree shall furnish the city with two complete sets of plans and a set in a
computerized format specified by the city, drawn to scale and certified to the city as
accurately depicting the location of all telecommunications facilities constructed
pursuant to the permit.
16.12.170 Restoration of Public Rights of Way, Other Rights of Way and City Property.
When a permittee, or any person acting on its behalf, does any work in
or affecting any public rights of way, other rights of way or city property,
it shall, at its own expense, promptly remove any obstructions and
restore such ways or property to as good a condition as existed before
the work was undertaken, unless otherwise directed by the city.
If weather or other conditions do not permit the complete restoration
required by this section, the permittee shall temporarily restore the
affected rights of way or property. Such temporary restoration shall be at
the permittee's sole expense and the permittee shall promptly undertake
and complete the required permanent restoration when the weather or
other conditions no longer prevent such permanent restoration.
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If the permittee fails to restore rights of way or property to as good a
condition as existed before the work was undertaken, the city shall cause
such restoration to be made at the expense of the permittee.
A permittee or other person acting in its behalf shall use suitable
barricades, flags, flagmen, lights, flares and other measures as required
for the safety of all members of the general public and to prevent injury
or damage to any person, vehicle or property by reason of such work in
or affecting such rights of way or property.
16.12.180 Landscape Restoration.
All trees, landscaping and grounds removed, damaged or disturbed as a
result of the construction, installation, maintenance, repair or replacement
of telecommunications facilities, whether such work is done pursuant to a
franchise, license, or permit shall be replaced or restored as nearly as
may be practicable, to the condition existing prior to performance of
work.
All restoration work within the public ways shall be done in accordance
with landscape plans approved by the city.
Any tree, shrub or other landscaping that shows substantial damage
within eighteen months of completion of construction, attributable to
construction, must be replaced at the sole expense of the grantee.
PAGE 13-TELECOMMUNICATIONS ORDINANCE
16.12.190 Construction and Completion Bond. Unless otherwise provided in a license
or franchise agreement, or unless the city otherwise specifically approves an
alternative security to assure performance, a performance bond written by a corporate
surety acceptable to the city, and authorized to transact business in Oregon, equal to
at least 100% of the estimated cost of constructing grantee's telecommunications
facilities within the public rights of way of the city shall be deposited before
construction is commenced.
The performance bond shall remain in force until 60 days after
substantial completion of the work, as determined in writing by the city,
including restoration of public rights of way and other property affected
by the construction.
B. The performance bond shall guarantee, to the satisfaction of the citY:
1. timely completion of construction;
2. construction in compliance with applicable plans, permits, technical
codes and standards;
3. proper location of the facilities as specified by the city;
4. restoration of the public rights of way and other property affected by
the construction;
5. the submission of "as-built" drawings after completion of the work as
required by this title; and
6. timely payment and satisfaction of all claims, demands or liens for
labor, material or services provided in connection with the work.
16.12.200 Responsibility of Owner. The owner of the facilities to be constructed and, if
different, the grantee, are responsible for performance of and compliance with all
provisions of this chapter.
16.12.210 Coordination of Construction Activities. All grantees are required to
cooperate with the city and with each other.
By January I of each year, grantees shall provide the city with a
schedule of their proposed construction activities for that calendar year
in, around or that may affect the public rights of way.
Each grantee shall meet with the city, other grantees and users of the
public rights of way annually or as determined by the city to schedule
and coordinate construction in the public rights of way.
All construction locations, activities and schedules shall be coordinated,
as ordered by the city engineer, to minimize public inconvenience,
disruption or damages. All construction locations, activities and
schedules involving overhead construction shall also be coordinated also
with the Department of Electric Utilities in order to ensure facilities and
space are available.
PAGE 14-TELECOMMUNICATIONS ORDINANCE {p:ord\telecornm\telecomm.d-1)
Sections:
16.16.010
16.16.020
16.16.030
16.16.040
Chapter 16.16
Location of Telecommunications Facilities
Location of Facilities
Interference with the Public Rights of Way
Relocation or Removal of Facilities
Removal of Unauthorized Facilities
16.16.010 Location of Facilities. All facilities located within the public right of way or
utility easements shall be constructed, installed and located in accordance with the
following terms and conditions, unless otherwise specified in a license or franchise
agreement:
Grantee shall install its telecommunications facilities underground unless
the city specifically permits attachments to utility poles or other
aboveground facilities.
Grantee shall install its telecommunications facilities within an existing
underground duct or conduit owned by it whenever surplus capacity
exists within such utility facility.
A grantee with permission to install overhead facilities shall install its
telecommunications facilities on pole attachments to existing utility poles
only, and then only if surplus space is available as determined by the
Department of Electric Utilities.
Whenever any existing electric utilities are located underground within a
public right of way of the city, a grantee with permission to occupy the
same public right of way must also locate its telecommunications facilities
underground. Whenever any overhead electric utilities are relocated
underground, any grantee with permission to occupy the same public
right of way must also relocate underground.
Whenever any new or existing electric utilities, cable facilities or
telecommunications facilities are located or relocated underground within
a public right of way of the city, a grantee that currently occupies the
same public right of way shall relocate its facilities underground
concurrently with the other affected utilities to minimize disruption of the
public right of way, absent extraordinary circumstances or undue
hardship as determined by the city and consistent with state law.
Whenever new telecommunications facilities will exhaust the capacity of a
public street or utility easement to reasonably accommodate future
telecommunications carriers or facilities, the city may require the grantee,
PAGE 15-TELECOMMUNICATIONS ORDINANCE
to provide additional ducts, conduits, manholes and other facilities for
nondiscriminatory access to future carriers.
The city engineer may grant exceptions to some or all of the
requirements of this section if the engineer determines, in the engineer's
sole discretion, that a waiver is necessary to fulfill the purpose and intent
of this title.
16.16.020 Interference with the Public Rights of Way. No grantee may locate or
maintain its telecommunications facilities so as to unreasonably interfere with the use
of the public rights of way by the city, by the general public or by other persons
authorized to use or be present in or upon the public rights of way. All such facilities
shall be moved by the grantee, temporarily or permanently, as determined by the city
at the sole expense of the grantee. All use of public rights of way shall be consistent
with city codes, ordinances and regulations.
16.16.030 Relocation or Removal of Facilities. Within 60 days following written notice
from the city, a grantee shall, at its own expense, temporarily or permanently remove,
relocate, change or alter the position of any telecommunications facilities within the
public rights of way whenever the city shall have determined that such removal,
relocation, change or alteration is reasonably necessary for:
The construction, repair, maintenance or installation of any city or other
public improvement in or upon the public rights of way.
The operations of the city or other governmental entity in or upon the
public rights of way.
Notwithstanding the 60 day limit, a grantee shall, at its own expense, relocate
overhead facilities within 30 days following written notice from the Electric Utilities
Department that the city has space on poles for such purpose.
The 60 day limit may be waived by consent of the parties. Waivers shall not be
unreasonably withheld.
16.16.040 Removal of Unauthorized Facilities. Within 30 days following written notice
from the city, any grantee, telecommunications carrier, or other person that owns,
controls or maintains any unauthorized telecommunications system, facility or related
appurtenances within the public rights of way of the city shall, at its own expense,
remove such facilities or appurtenances from the public rights of way of the city. A
telecommunications system or facility is unauthorized and subject to removal in the
following circumstances:
One year after the expiration or termination of the grantee's
telecommunications license or franchise.
PAGE 16-TELECOMMUNICATIONS ORDINANCE (p:ord\telecomm\telecomm.d-1)
Upon abandonment of a facility within the public rights of way of the city.
A facility will be considered abandoned when it is deactivated, out of
service, or not used for its intended and authorized purpose for a period
of 90 days or longer. A facility will not be considered abandoned if it is
temporarily out of service during performance of repairs, if the facility is
being replaced or if the facility has been disconnected because the
building or property being served is vacant
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If the system or facility was constructed or installed without the prior
grant of a telecommunications license or franchise.
If the system or facility was constructed or installed without the prior
issuance of a required construction permit.
Eo
If the system or facility was constructed or installed at a location not
permitted by the grantee's telecommunications license or franchise.
If the system interferes with or adversely affects existing
telecommunication facilities.
The 30 day limit may be waived by consent of the parties. Waivers shall not be
unreasonably withheld.
If all the facilities and appurtenances are not removed within one year after the
termination or expiration of the franchise or license or such further time as may be
granted by the city, they shall be forfeited to the city. The city may notify the grantee,
carrier or other person described above that it waives forfeiture and may compel
removal from the public right of way and restoration of the right of way and may
maintain court suit to require such removal and restoration by the grantee, carrier or
other person or the payment of the cost thereof by the grantee, carrier or other
person.
PAGE 17-TELECOMMUNICATIONS ORDINANCE (p:ord\telecomm\telecomm.d-1)
Chapter 16.20
Telecommunications License of Franchise
Sections:
16.20.010
16.20.020
16.20.030
16.2O. 040
16.20.050
16.20.060
16.20.070
16.20.080
16.20.090
16.20.100
16.20.110
16.20.120
16.20.130
16.20.140
16.20.150
16.20.160
16.20.170
16.20.180
16.20.190
16.20.200
16.20.210
Telecommunications License
Telecommunications Franchise
Application
Application and Review Fee
Determination by the City
Rights Granted
Term of Grant
License Route
Franchise Territory
Compensation to City
Amendment of Grant
Renewal Applications
Renewal Determinations
Obligation to Cure As a Condition of Renewal
Assignments or Transfers of Grant, Notice to City
Transactions Affecting Control of Grant
Revocation or Termination of Grant
Notice and Duty to Cure
Public Hearing
Standards for Revocation or Lesser Sanctions
Other City Costs
16.20.010 Telecommunications License. A telecommunications license shall be
required of any telecommunications carrier who desires to occupy specific public
rights of way of the city identified by the carrier.
16.20.020 Telecommunications Franchise. A telecommunications franchise shall be
required of any telecommunications carrier who desires to occupy public rights of way
of the city based on geographic areas within the city.
16.20.030 Application. Any person that desires a telecommunications license or
franchise pursuant to this chapter shall file an application with the Finance Department
which shall include the following information:
The identity of the applicant, including all affiliates of the applicant doing
business in the State of Oregon.
Bo
A description of the telecommunications services that are or will be
offered or provided by the applicant over its telecommunications facilities
within the City.
PAGE 18-TELECOMMUNICATIONS ORDINANCE (p:ord~tele¢omrn~telecomm.d-1)
Co
A description of the transmission medium that is being used or will be
used by the applicant to offer or provide such telecommunications
services within the City.
Preliminary engineering plans, specifications and a network map of the
facilities to be located within the city, including copies in a computerized
format specified by the city and all in sufficient detail to identify:
1. the location and route requested for applicant's proposed
telecommunications facilities;
2. the location of all aboveground and underground public utility,
telecommunication, cable, water, sewer, storm drainage and other
facilities in the public rights of way along the proposed route;
3. the location(s), if any, for interconnection with the telecommunications
facilities of other telecommunications carriers;
4. the specific trees, structures, improvements, facilities and obstructions,
if any, that applicant proposes to temporarily or permanently remove or
relocate.
Eo
If applicant is proposing to install aboveground facilities, to the extent that
they will be using utility poles, evidence from the Electric Utilities
Department that surplus space is available for locating the applicant's
telecommunications facilities on existing utility poles along the proposed
route; and if surplus space is not available in some or all service areas,
an indication of these locations and a "make ready" schedule for
completion.
If the applicant is proposing an underground installation in existing ducts
or conduits within the public rights of way, provide information in
sufficient detail to identify:
1. the excess capacity currently available in such ducts or conduits
before installation of applicant's telecommunications facilities;
2. the excess capacity, if any, that will exist in such ducts or conduits
after installation of applicant's telecommunications facilities.
If applicant is proposing an underground installation within new ducts or
conduits to be constructed within the public rights of way:
1. the location proposed for the new ducts or conduits;
2. the excess capacity that will exist in such ducts or conduits after the
installation of applicant's telecommunications facilities.
H. A preliminary construction schedule and completion date.
PAGE 19-TELECOMMUNICATIONS ORDINANCE (p:ord\telecornm\telecomm.d-1)
Financial statements prepared in accordance with generally accepted
accounting principles demonstrating the applicant's financial ability to
construct, operate, maintain, relocate and remove the facilities.
Information in sufficient detail to establish the applicant's technical
qualifications, experience and expertise regarding the
telecommunications facilities and services described in the application.
Information to establish that the applicant has obtained all other
governmental approvals and permits to construct and operate the
facilities and to offer or provide the telecommunications services
proposed.
Whether the applicant intends to provide cable service, video dial tone
service or other video programming service, and sufficient information to
determine whether such service is subject to cable franchising.
An accurate map showing the location of any existing
telecommunications facilities in the city that applicant intends to use or
lease.
A description of the services or facilities that the applicant will offer or
make available to the city and other public, educational and
governmental institutions.
O. As Builts, after completion of initial construction.
P. A description of applicant's access and line extension policies.
The area or areas of the city the applicant desires to serve and a
schedule for build-out to the entire franchise area.
Such other information as may be requested by the city administrator or
the administrator's designee.
16.20.040 Application and Review Fee.
Any applicant for a license or franchise pursuant to this chapter shall pay
an application and review fee in an amount to be determined by
resolution of the city council.
The application and review fee shall be deposited with the city as part of
the application filed pursuant to section 16.20.030.
16.20.050 Determination by the city. The city shall issue a written determination
granting or denying the application in whole or in part, applying the standards listed
PAGE 20-TELECOMMUNICATIONS ORDINANCE (.:or~taocor~taocor~.a-~l
below. If the application is denied, the written determination shall include the reasons
for denial. The standards to be applied by city are:
A. The financial and technical ability of the applicant.
B. The legal ability of the applicant.
The capacity of the public rights of way to accommodate the applicant's
proposed facilities.
The capacity of the public rights of way to accommodate additional utility
and telecommunications facilities if the license is granted.
The damage or disruption, if any, of public or private facilities,
improvements, service, travel or landscaping if the license or franchise is
granted.
The public interest in minimizing the cost and disruption of construction
within the public rights of way.
G. The service that applicant will provide to the community and region.
The effect, if any, on public health, safety and welfare if the license or
franchise is granted.
I. The availability of alternate routes or locations for the proposed facilities.
Applicable federal and state telecommunications laws, regulations and
policies.
Such other factors as may demonstrate that the grant to use the public
rights of way will serve the community interest.
16.20.060 Rights Granted. No license or franchise granted under this chapter shall
convey any right, title or interest in the public rights of way, but shall be deemed a
grant to use and occupy the public rights of way for the limited purposes and term
stated in the license or agreement. Further, no license or franchise shall be construed
as any warranty of title.
16.20.070 Term of Grant. Unless otherwise specified in a license or franchise
agreement, a telecommunications license or franchise granted under this title shall be
in effect for a term of five years.
16.20.080 License Route. A telecommunications license granted under this chapter
shall be limited to a grant to use specific public rights of way and defined portions of
the rights of way.
PAGE 21-TELECOMMUNICATIONS ORDINANCE (p:ord\telecomm\telecomrn.d-1)
16.20.090 Franchise Territory. A telecommunications franchise granted under this
chapter shall be limited to the specific geographic area of the city to be served by the
franchise grantee, and the public rights of way necessary to serve such areas.
16.20.100 Compensation to City. Each license and franchise granted under this
chapter is subject to the city's right, which is expressly reserved, to annually fix a fair
and reasonable compensation to be paid for the privileges granted; provided, nothing
in this chapter shall prohibit the city and a grantee from agreeing to the compensation
to be paid.
16.20.110 Amendment of Grant. Conditions for amending a license or franchise:
A new application and grant shall be required of any telecommunications
carrier that desires to extend or locate its telecommunications facilities in
public rights of way of the city which are not included in a license or
franchise previously granted under this title.
If ordered by the city to locate or relocate its telecommunications facilities
in public rights of way not included in a previously granted license or
franchise, the city shall grant an amendment without further application.
A new application and grant shall be required of any telecommunications carrier that
desires to provide a service which was not included in a license or franchise previously
granted under this title.
16.20.120 Renewal Applications. A grantee that desires to renew its license or
franchise under this chapter shall, not less than 90 days before expiration of the
current agreement, file an application with the city for renewal of its license or
franchise which shall include the following information:
The information required pursuant to section 16.20.030 that has not
previously been provided to the City in connection with grantee's existing
franchise agreement.
Any information required pursuant to the license or franchise agreement
between the city and the grantee.
16.20.130 Renewal Determinations. Within 90 days after receiving a complete
application under section 16.20.120, the city shall issue a written determination
granting or denying the renewal application in whole or in part, applying the following
standards. If the renewal application is denied, the written determination shall include
the reasons for non-renewal.
A. The financial and technical ability of the applicant.
B. The legal ability of the applicant.
PAGE 22-TELECOMMUNICATIONS ORDINANCE (p:ord\telecomm\telecernm.d-1)
The continuing capacity of the public rights of way to accommodate the
applicant's existing facilities.
The applicant's compliance with the requirements of this title and the
license or franchise agreement.
Applicable federal, state and local telecommunications laws, rules and
policies.
Such other factors as may demonstrate that the continued grant to use
the public rights of way will serve the community interest.
16.20.140 Obligation to Cure As a Condition of Renewal. No license or franchise shall
be renewed until any ongoing violations or defaults in the grantee's performance of the
agreement, or of the requirements of this title, have been cured, or a plan detailing the
corrective action to be taken by the grantee has been approved by the city.
16.20.150 Assignments or Transfers of Grant, Notice to City.
ko
Grantee shall notify the City quarterly of the sale or lease of the capacity,
bandwidth, lit fiber, dark fiber or switching services to any other
telecommunications carrier. Notice, or city approval, prior to the
transaction is not required, so long as grantee remains solely responsible
for carrying out its obligations under its franchise agreement and this
chapter. Transactions between affiliated interests are not exempt from
this notice requirement.
Ownership or control of a telecommunications system, license or
franchise may not, directly or indirectly, be transferred, assigned or
disposed of by sale, lease, merger, consolidation or other act of the
grantee, by operation of law or otherwise, without the prior consent of
the city, which consent shall not be unreasonably withheld or delayed,
and then only on such reasonable conditions as may be prescribed in
such consent.
Grantee and the proposed assignee or transferee of the grant or
system shall provide and certify the following information to the
city not less than 120 days prior to the proposed date of transfer:
a. Complete information setting forth the nature, terms and
condition of the proposed transfer or assignment;
b. All information required of a telecommunications license or
franchise applicant pursuant this chapter with respect to the
proposed transferee or assignee;
c. Any other information reasonably required by the city.
PAGE 23-TELECOMMUNICATIONS ORDINANCE (p:ord\telecomm\telecomm.d-ll
No transfer shall be approved unless the assignee or transferee
has the legal, technical, financial and other requisite qualifications
to own, hold and operate the telecommunications system pursuant
to this title.
o
Unless otherwise provided in a license or franchise agreement, the
grantee shall reimburse the city for all direct and indirect fees,
costs, and expenses reasonably incurred by the city in considering
a request to transfer or assign a telecommunications license or
franchise.
Any transfer or assignment of a telecommunications grant, system
or integral part of a system without prior approval of the city under
this section or pursuant to a license or franchise agreement shall
be void and is cause for revocation of the grant.
16.20.160 Transactions Affecting Control of Grant. Any transactions which singularly or
collectively result in a change of ten percent or more of the ownership or working
control of the grantee, of the ownership or working control of a telecommunications
license or franchise, of the ownership or working control of affiliated entities having
ownership or working control of the grantee or of a telecommunications system, or of
control of the capacity or bandwidth of grantee's telecommunication system, facilities
or substantial parts of such capacity or bandwidth, shall be considered an assignment
or transfer requiring city approval pursuant to section 16.20.150. Transactions between
affiliated entities are not exempt from city approval.
16.20.170 Revocation or Termination of Grant. A license or franchise to use or occupy
public rights of way of the city may be revoked for the following reasons:
Construction or operation in the city or in the public rights of way of the
city without a license or franchise grant of authorization.
B. Construction or operation at an unauthorized location.
C. Unauthorized substantial transfer of control of the grantee.
D. Unauthorized assignment of a license or franchise.
Unauthorized sale, assignment or transfer of grantee's franchise or
license assets, or a substantial interest in the franchise or license.
Misrepresentation or lack of candor by or on behalf of a grantee in any
application to the city.
G. Abandonment of telecommunications facilities in the public rights of way.
H. Failure to relocate or remove facilities as required in this title.
PAGE 24-TELECOMMUNICATIONS ORDINANCE {p:ord\telecornrn\telecomm.d-l)
Failure to pay taxes, compensation, fees or costs when and as due the
city.
J. Insolvency or bankruptcy of the grantee.
K. Violation of a material provision of this title.
L. Violation of a material term of a license or franchise agreement.
16.20.180 Notice and Duty to Cure. In the event that the city believes that grounds
exist for revocation of a license or franchise, the city shall give the grantee written
notice of the apparent violation or noncompliance, providing a short and concise
statement of the nature and general facts of the violation or noncompliance, and
providing the grantee a reasonable period of time not exceeding 30 days to furnish
evidence:
That corrective action has been, or is being actively and expeditiously
pursued, to remedy the violation or noncompliance.
B. That rebuts the alleged violation or noncompliance.
That it would be in the public interest to impose some penalty or sanction
less than revocation.
16.20.190 Public Hearing. In the event that a grantee fails to provide evidence
reasonably satisfactory to the city as provided in section 16.20.180, the city
administrator shall refer the apparent violation or non-compliance to the city council.
The city council shall provide the grantee with notice and a reasonable opportunity to
be heard concerning the matter.
16.20.200 Standards for Revocation or Lesser Sanctions. If persuaded that the grantee
has violated or failed to comply with material provisions of this title, or of a franchise or
license agreement, the city council shall determine whether to revoke the license or
franchise, or to establish some lesser sanction and cure, considering the nature,
circumstances, extent and gravity of the violation as reflected by one or more of the
following factors:
A. Whether the misconduct was egregious.
B. Whether substantial harm resulted.
C. Whether the violation was intentional.
Whether there is a history of prior violations of the same or other
requirements.
PAGE 25-TELECOMMUNICATIONS ORDINANCE (p:ord\telecomm\telecomm.d-1}
E. Whether there is a history of overall compliance.
F. Whether the violation was voluntarily disclosed, admitted or cured.
16.20.210 Other City Costs. All grantees shall, within 30 days after written demand,
reimburse the city for all direct and indirect costs and expenses incurred by the city in
connection with any modification, amendment, renewal or transfer of the license or
franchise or any license or franchise agreement.
PAGE 26-TELECOMMUNICATIONS ORDINANCE
Chapter 16.24
General License and Franchise Terms, Rates
Sections:
16.24.010
16.24.020
16.24.030
16.24.040
16.24.050
16.24.060
16.24.070
16.24.080
16.24.090
16.24.100
16.24.110
16.24.120
Facilities
Damage to Grantee's Facilities
Duty to Provide Information
Nondiscrimination
Service to the City
Compensation for City Property
Franchise and License Fees
Cable Franchise
Leased Capacity
Grantee Insurance
General Indemnification
Performance Surety
16.24.010 Facilities. Each grantee shall provide the city with an accurate map or maps
certifying the location of all telecommunications facilities within the public rights of way.
Each grantee shall provide updated maps annually including copies in a computerized
format specified by the city.
16.24.020 Damage to Grantee's Facilities. Unless directly and proximately caused by
willful, intentional or malicious acts by the city, the city shall not be liable for any
damage to or loss of any telecommunications facility within the public rights of way of
the city as a result of or in connection with any public works, public improvements,
construction, excavation, grading, filling, or work of any kind in the public rights of way
by or on behalf of the city, or for any consequential losses resulting directly or
indirectly from such work.
16.24.030 Duty to Provide Information. Within ten days of a written request from the
city, each grantee shall furnish the city with infOrmation sufficient to demonstrate:
A. That grantee has complied with all requirements of this title.
All books, records, maps and other documents, maintained by the
grantee with respect to its facilities within the public rights of way shall be
made available for inspection by the city at reasonable times and
intervals.
16.24.040 Nondiscrimination. A grantee shall make its telecommunications services
available to any customer within its license or franchise area who shall request such
service, without discrimination as to the terms, conditions, rates or charges for
grantee's services; provided, however, that nothing in this chapter shall prohibit a
grantee from making any reasonable classifications among differently situated
customers.
PAGE 27-TELECOM M U NICATIONS ORDINANCE (p:ord~telecomm\telecomrn.d-1)
16.24.050 Service to the City. A grantee shall make its telecommunications services
available to the city at its most favorable rate offered at the time of the request
charged to a similar user within Oregon for a similar volume of service, subject to any
of grantee's tariffs or price lists on file with the OPUC. Grantee may deduct the
applicable charges from franchise fee payments. Other terms and conditions of such
services may be specified in a separate agreement between the City and grantee.
16.24.060 Compensation for City Property. If any right is granted, by lease, license,
franchise or other manner, to use and occupy city property for the installation of
telecommunications facilities, the compensation to be paid for such right and use shall
be fixed by the city.
16.24.070 Franchise and License Fees. As compensation for the benefits and
privileges under its franchise or license and in consideration of permission to use the
right-of-way of the City, the grantee shall pay a quarterly franchise fee to the City,
through the duration of its franchise, as follows:
The minimum quarterly franchise fee shall be set by resolution of the
council.
The franchise fee shall equal a percent of the grantee's gross revenues
derived from grantee's provision of telecommunications services and
telecommunications facilities to retail customers and one percent (1%) on
all other gross revenues derived from grantee's provision of
telecommunications services and telecommunications facilities to
wholesale customers, including other telecommunications carriers. The
amount of the percent shall be set by resolution of the council.
The annual franchise fee collectable from a telecommunications utility
shall not exceed the maximum amount under Oregon Law. The city shall
accept from a telecommunications utility, in full payment of the franchise
fee, the maximum amount allowed under Oregon law. On request, the
telecommunications utility must provide documentation to support its
calculation.
Grantee shall be "providing" telecommunications services or facilities if it
sells, leases, resells, or otherwise conveys such services or facilities for
consideration.
A grantee providing resold telecommunications services or facilities shall
be entitled to a credit against its franchise fee for an amount equal to a
percentage of the price paid for such services or facilities at wholesale.
Such percentage shall be set by resolution of the council.
Payment shall be made by each April 25, July 25, October 25 and
January 25 for the quarter just ended.
PAGE 28-TELECOMMUNICATIONS ORDINANCE (p:ord\telecomm\tele¢omm.d-ll
Any grantee who fails to remit any fee imposed by this chapter within 30 days of the
date it is due, shall pay interest at the rate of one percent (1%) per month or fraction
thereof on the amount of the fee from the date on which the remittance first became
due until paid.
16.24.080 Cable Franchise. Telecommunication carriers providing cable service shall
be subject to the city's cable franchise requirements.
16.24.090 Leased Capacity. A grantee shall have the right, without prior city approval,
to offer or provide capacity or bandwidth to its customers; provided:
Grantee shall notify the city that such lease or agreement has been
granted to a customer or lessee.
The customer or lessee has complied, to the extent applicable, with the
requirements of this title.
16.24.100 Grantee Insurance. Unless otherwise provided in a license or franchise
agreement, each grantee shall, as a condition of the grant, secure and maintain the
following liability insurance policies insuring both the grantee and the city, and its
elected and appointed officers, officials, agents and employees as coinsured:
Comprehensive general liability insurance with limits not less than
$1,000,000 for bodily injury or death to each person; $1,000,000 for
property damage resulting from any one accident; and, $1,000,0(30 for all
other types of liability.
Automobile liability for owned, non-owned and hired vehicles with a limit
of $1,000,000 for each person and $1,000,000 for each accident.
Workers' compensation within statutory limits and employer's liability
insurance with limits of not less than $1,000,000.
Comprehensive form premises-operations, explosions and collapse
hazard, underground hazard and products completed hazard with limits
of not less than $1,000,000.
The liability insurance policies required by this section shall be maintained by the
grantee throughout the term of the telecommunications license or franchise, and such
other period of time during which the grantee is operating without a franchise or
license, or is engaged in the removal of its telecommunications facilities. Each such
insurance policy shall contain the following endorsement:
"This policy may not be canceled nor the intention not to renew be stated
until 90 days after receipt by the city, by registered mail, of a written
notice addressed to the city's risk manager of such intent to cancel or
not to renew."
PAGE 29-TELECOMM U NICATIONS ORDINANCE (p:ord\telecomm\telecomm.d-1}
Within 60 days after receipt by the city of such notice, and in no event later than 30
days prior to the cancellation, the grantee shall obtain and furnish to the city evidence
that the grantee meets requirements of this section.
The insurance policy requirements of this section may be met by a program of self-
insurance acceptable to the city.
16.24.110 General Indemnification. Each license or franchise agreement shall include,
to the extent permitted by law, grantee's express undertaking to defend, indemnify and
hold the city and its officers, employees, agents and representatives harmless from
and against any and all damages, losses and expenses, including reasonable
attorney's fees and costs of suit or defense, arising out of, resulting from or alleged to
arise out of or result from the negligent, careless or wrongful acts, omissions, failures
to act or misconduct of the grantee or its affiliates, officers, employees, agents,
contractors or subcontractors in the construction, operation, maintenance, repair or
removal of its telecommunications facilities, and in providing or offering
telecommunications services over the facilities or network, whether such acts or
omissions are authorized, allowed or prohibited by this title or by a grant agreement
made or entered into pursuant to this title.
16.24.120 Performance Surety. Unless the city otherwise specifically approves an
alternative security to assure performance, before a license or franchise granted
pursuant to this title is effective, the grantee shall provide and maintain a performance
bond, in form and substance acceptable to the city, as security for the full and
complete performance of this title, including any costs, expenses, damages or loss the
city pays or incurs because of any failure attributable to the grantee to comply with the
codes, ordinances, rules, regulations or permits of the city.
PAGE 30-TELECOMMUNICATIONS ORDINANCE Ip:ord\telecomm~teleconml.d-l)
Chapter 16.28
General Provisions
Sections:
16.28.010
16.28.020
16.28.030
16.28.040
16.28.050
16.28.060
16.28.070
16.28.080
16.28.090
16.28.100
16.28.110
Governing Law
Written Agreement
Nonexclusive Grant
Severability and Preemption
Penalties
Other Remedies
Captions
Compliance with Laws
Consent
Application to Existing Ordinance and Agreements
Confidentiality
16.28.010 Governing Law. Any franchise or license granted under this title is subject to
the provisions of the Constitution and laws of the United States, and the State of
Oregon and the ordinances and charter of the city.
16.28.020 Written Agreement. No franchise or license shall be granted unless the
agreement is in writing.
16.28.030 Nonexclusive Grant. No franchise or license granted under this title shall
confer any exclusive right, privilege, license or franchise to occupy or use the public
rights of way of the city for delivery of telecommunications services or any other
purposes.
16.28.040 Severability and Preemption. If any chapter, section, subsection, sentence,
clause, phrase, term, provision, condition, covenant or portion of this title is for any
reason held to be invalid or unenforceable by any court of competent jurisdiction, or
superseded by state or federal legislation, rules, regulations or decision, the remainder
of the title shall not be affected but shall be deemed as a separate, distinct and
independent provision, and such holding shall not affect the validity of the remaining
portions, and each remaining section, subsection, sentence, clause, phrase, provision,
condition, covenant and portion of this title shall be valid and enforceable to the fullest
extent permitted by law.
In the event that federal or state laws, rules or regulations preempt a provision or limit
the enforceability of a provision of this title, then the provision shall be read to be
PAGE 31-TELECOMMUNICATIONS ORDINANCE {p:ord\telecomm\telecornm.d-1)
preempted to the extent and or the time required by law. In the event such federal or
state law, rules or regulation is subsequently repealed, rescinded, amended or
otherwise changed so that the provision that had been preempted is no longer
preempted, such provision shall return to full force and effect, and shall be binding,
without the requirement of further action on the part of the city.
16.28.050 Penalties. Any person found guilty of violating, disobeying, omitting,
neglecting or refusing to comply with any of the provisions of this title shall be fined
not less than $500.00 for each offense. A separate and distinct offense shall be
deemed committed each day on which a violation occurs.
16.28.060 Other Remedies. Nothing in this title shall be construed as limiting any
judicial remedies that the city may have, at law or in equity, for enforcement of this
title.
16.28.070 Captions. The captions to sections throughout this title are intended solely
to facilitate reading and reference to the sections and provisions. Such captions shall
not affect the meaning or interpretation of this title.
16.28.080 Compliance with Laws. Any grantee under this title shall comply with all
federal and state laws and regulations, including regulations of any administrative
agency, as well as all ordinances, resolutions, rules and regulations of the city now in
effect or adopted in the future or established during the entire term of any franchise or
license granted under this title, which are relevant and relate to the construction,
maintenance and operation of a telecommunications system.
16.28.090 Consent. Wherever the consent of either the city or of the grantees under
this title is specifically required in a franchise or license granted, such consent will not
be unreasonably withheld.
16.28.100 Application to Existing Ordinance and Agreements. To the extent that this
title is not in conflict with and can be implemented with existing ordinance and
franchise agreements, this title shall apply to all existing ordinance and franchise
agreements for use of the public right of way for telecommunications.
PAGE 32-TELECOMMUNICATIONS ORDINANCE {p:a-d\tel,corn~n\telecor~,d-1}
16.28.110 Confidentiality. The city agrees to use its best efforts to preserve the
confidentiality of information designated by the grantee as a trade secret, to the extent
permitted by the Oregon Public Records Law.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the ~
1998,_and duly PASSED and ADOPTED this
§arbara Christensen, City Recorder
SIGNED and APPROVED this /~C'/ day of
//~'/ dayof March , 1998.
,1998.
Catherine M. Shaw, Mayor
~~d~~m:
Paul Nolte, City Attorney
PAGE 33-TELECOM M U NICATIONS ORDINANCE {p:oro'~telecomm\telecomm.d-1}