§ 30-44. Intent.

(a)

Policy. It is the intent of the Grantor, as hereinafter defined, to establish procedures, terms and conditions managing the occupation of Public Property and Rights-of-Way by providers of Wireline Telecommunications Systems, as such providers occupy, install, maintain and/or repair a Wireline Telecommunications System on, above, or beneath Public Property and the Rights-of-Way; to define the relationship between the Grantee(s) and the Grantor; and to provide for the administration and supervision by the Grantor of Franchises, throughout the term of the Franchise. The requirements of this Act represent the present intention of the Grantor. The Grantor reserves the right to amend or revise this Act in the future as deemed necessary by the Grantor.

(b)

Applicability.

(1)

In general. This Act shall be generally and immediately applicable to any Person occupying the public Rights-of-Way for the installation, maintenance, repair and/or operation of Wireline Telecommunications Systems, and for the purpose of determining compensation payable to the City under preexisting franchises, permits and privileges granted by the City, which acknowledge susceptibility to an Ordinance of General Application or Ordinance of General Applicability. Section 30-54 of this Act shall apply to any Person submitting an application to furnish Wireline Telecommunications Systems which occupy the Rights-of-Way or other Public Property. Persons operating pursuant to preexisting franchises shall remain subject to all existing provisions of such preexisting franchise, as well as being subject to the provisions of Sections 30-50(a), (c) and (d) of this Act; however, Persons with existing franchises or permits and privileges at the time of enactment of this Act shall come under all other provisions of this Act if and when such franchises or permits and privileges are renewed. Preexisting permits and privileges, if renewed, shall be renewed as Franchises under the provisions of this Act. This Act shall apply to electric, gas and other utilities including their subsidiaries, affiliates, assignees, lessees, or partners providing Wireline Telecommunications Systems and/or Services.

(2)

Cable Television Providers. This Act shall not apply to cable television providers authorized by the Grantor pursuant to a cable television franchise, to furnish cable television services in the City with respect to the provision of those cable television services. In the event cable television providers shall desire to provide Wireline Telecommunications Services, then this Act shall apply, and a Franchise must be obtained by such provider.

(3)

Programming Services. Subject to the provisions of subsection (4) below, no Person granted a Franchise pursuant to this Act for the provision of Wireline Telecommunications Services shall use its Telecommunications System to provide video programming services or cable services or operate a cable system as defined in the Cable Communications Policy Act of 1984 (47 U.S.C.A. § 521 et seq., as amended) or as recognized by the FCC, without first obtaining a separate authorization from the Grantor, and no such Person shall allow the use of its Telecommunications System by a provider of programming services or a cable system to offer video programming unless such provider has been granted a Franchise by the Grantor.

(4)

Open Video Systems.

a.

Any person granted a Franchise pursuant to this Act for the provision of Wireline Telecommunications Services who becomes certified by the FCC to provide cable television services through an Open Video System must notify the Director of such certification, and must modify its Franchise to provide for: (i) the payment of fees in lieu of franchise fees for the occupation of Rights-of-Way or Public Property for the purpose of operating an Open Video System; (ii) the provision of public, educational, and governmental access on such Open Video System; and (iii) such other provisions as may be required by the FCC or the City;

b.

Any Person intending to provide an Open Video System in the City that does not have a Franchise under the provisions of this Act or a cable television franchise, must notify the Director upon being certified by the FCC to provide such service, and must enter into an agreement with the City providing for: (i) the payment of fees in lieu of franchise fees for the occupation of Rights-of-Way or Public Property by the Open Video System; (ii) the provision of public, educational, and governmental access on such Open Video System; and (iii) such other provisions as may be required by the FCC or the City.

(5)

Wireless Communications Systems. To the extent that any Wireless Communications System provider enters and/or occupies any Public Property or Rights-of-Way, then the Wireless Communications System provider shall be required to obtain a Franchise pursuant to the Wireless Communications Franchise Act at Section 30-58 et seq. of this Code.

(6)

Distributed Antenna System . To the extent that any Public Property or Right-of-Way is occupied by a Distributed Antenna System, only the Grantee of the Distributed Antenna System shall be required to obtain a Franchise pursuant to this Act. The term Grantee as used herein shall mean the recipient of a Franchise to operate a Distributed Antenna System which allows one or more Wireless Service Providers to provide wireless telecommunications services by virtue of access to Grantee's Hub.

(M.C.S., Ord. No. 17,560, § 1, 6-6-96; M.C.S., Ord. No. 22082, § 1, 11-17-05)