59-16 Enact Ch 904 Use of Public Right of Way by Service Providers

Home Browse Search

904.10 Private Facilities in the Public Right -of -Way 904.11 Miscellaneous Provisions 904.99 Penalties and Other Remedies 904.01 SCOPE OF CHAPTER; DEFINITIONS. (a) The purpose and intent of this chapter is to: (1) Manage Occupancy or Use of the Public Right -of -Way; (2) Encourage the provision of advanced, competitive utility and telecom- munications services, including wireless communications services, on the widest possible basis to the businesses, institutions and residents of the City; (3) Permit and manage reasonable access to the Public Right -of -Way of the City for utility and telecommunications service purposes on a competi- tively neutral basis; (4) Conserve the limited physical capacity of the Public Right -of -Way held in trust by the City for the benefit of the public; (5) Assure that the City receives cost recovery for the Occupancy and Use of the Public Right -of -Way in accordance with law; (6) Assure that all Service Providers with Facilities in the Public Right -of- Way comply with the ordinances, rules and regulations of the City; (7) Assure that the City fairly and responsibly protects the public health, safety and welfare; and (8) Enable the City to discharge its public trust obligations consistent with rapidly evolving federal and State regulatory policies, industry compe- tition and technological development. (b) For the purpose of this chapter, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used shall indicate oth- erwise: (1) Affiliate means a Person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with another Person. (2) Cable Operator means a Person providing or offering to provide Cable Service within the City, and may be used interchangeably with Video Service Provider. (3) Cable Service means "cable service" as defined in the Cable Commu- nications Policy Act of 1984, codified at 47 U.S.C. §532, et seq., as amended by the Cable Television Consumer Protection and Competi- tion Act of 1992 and the Telecommunications Act of 1996, as each might be further amended. (4) Cable System means "cable system" as defined in the Cable Communi- cations Policy Act of 1984, codified at 47 U.S.C. §532, et se g., as (02299394 - 1)