HomeMy WebLinkAboutOrdinance 5406 ORDINANCE NO. 5406
AN ORDINANCE TO AMEND ORDINANCE NO. 2990 OF MARCH 6, 1984
TO ACKNOWLEDGE THAT SOME FAYETTEVILLE CITIZENS AND
BUSINESSES ARE NOW WITHIN THE PRAIRIE GROVE TELEPHONE
COMPANY FRANCHISE AREA AND TO APPLY THE SAME FRANCHISE
FEE TO BOTH TELEPHONE COMPANIES, TO AMEND ORDINANCE NO.
4278 OF NOVEMBER 21, 2010 AND TO CODIFY THESE COMBINED
ORDINANCES
WHEREAS,the Fayetteville Board of Directors passed Ordinance No. 2892 on February
15, 1983 authorizing Southwestern Bell Telephone Company and its successors to continue to
operate in Fayetteville and use our public rights-of-way for its lines and charged a franchise fee
for such usage; and
WHEREAS, the Fayetteville Board of Directors passed Ordinance No. 2990 on March 6,
1984, which amended the first two sections of Ordinance No. 2892 and specified a franchise rate
of four percent (4%); and
WHEREAS, on November 21, 2010, the Fayetteville City Council passed Ordinance No.
4278, an eighteen page, complex telecommunications franchise fee application ordinance which
also set the franchise fee at four percent (4%); and
WHEREAS, after the City of Fayetteville's western annexation, our city limits extended
into the Prairie Grove Telephone Company's authorized service area such that we need to
authorize its use of rights-of-way and establish an identical franchise rate of four percent (4%)
for telephone services provided to those Fayetteville citizens and businesses.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends
Ordinance No. 2990 by deleting the first sentence of its Section 1 and enacting a replacement
sentence as follows:
"Section 1: AT&T and the Prairie Grove Telephone Company and
their successors and assigns are authorized to continue to operate their
telephone businesses and all businesses incidental to or connected with
Page 2
Ordinance No. 5406
the conducting of a telephone business and system within the City of
Fayetteville, Arkansas."
All of the remaining language of Section 1 remains unchanged except references to a singular
telephone company will now relate to both telephone companies.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals
Ordinance No. 4278, but enacts substantial portions of it in the renamed Chapter 110:
Telecommunication Franchises and Billposting as shown on Exhibit A attached.
PASSED and APPROVED this 3`d day of May, 2011.
APPROVED: ATTEST:
By: —�By:
Mayor SONDRA E. SMITH, City Clerk/Treasurer
`N P, Tl2r,`
;FAYETTEVILLE;
EXHIBIT "A"
CHAPTER 110: TELECOMMUNICATION FRANCHISE AND BILLPOSTING
110.01 Billposting telecommunications provider or telecommunications
lessee and located in, under or over the Streets of the
(A) The posting of any bills, notices, or City and utilized in the provision of
advertisements of any kind whatever upon any telecommunications services.
electric light, telephone, or telegraph pole within the
limits of the city is hereby prohibited. "Telecommunications lessee" or "lessee" means
any person, firm, corporation, partnership, or other
(B) It shall be unlawful for any person to post, stick, business entity, including "resellers,' that provides
paint or otherwise attach (or cause to be posted, telecommunications services within the geographic
stuck, painted, or caused to be otherwise attached) boundaries of the City, including long-distance
any bill sign, notice, poster, or other advertisement to services that originate or terminate in the City, but
any building, fence, wall, vehicles, or other property, utilizing, purchasing or leasing a telecommunications
public or private, without first having obtained facility of a telecommunications provider or any
permission from the owner of such property. element thereof, whether through purchase, lease,
contract, interconnection agreement, or other
(Code 1965, §§13-2, 13-3; Ord. No. 241, 9-11-1908; Ord. business arrangement; provided that a person that
No.3773,§1,4-5-94;Code 1991,§110.01) owns its own telecommunications facilities in the City
and utilizes, purchases or leases telecommunications
110.02 Telecommunication Franchises facilities or elements thereof of other
telecommunications providers in the City shall be
(A) Definitions. As used in §110.02 the following classified as a telecommunications provider under the
terms of this Ordinance.
terms shall have the meanings set out:
"Telecommunications provider" or "provider"
"Applicant" means a telecommunications provider means any person, firm, corporation, partnership or
or telecommunications lessee that applies for a other business entity, other than the city,that provides
franchise or license pursuant to this Ordinance. telecommunications services within or without the
"Franchise fee" means compensation paid to the geographic boundaries of the City by utilizing its own
telecommunications facilities to provide
City by the telecommunications provider or lessee in telecommunications services.
exchange for the use of the City's streets to deliver
telecommunications services "Telecommunications services" or "services"
"Gross revenues" means all revenues from basic means any service delivering telecommunications by
a telecommunications provider or lessee that the
local service, excluding, among other things,
provider or lessee is authorized to provide under
extension, terminal equipment, toll, access, yellow
federal, state and local law, except that these terms
pages, and other miscellaneous equipment revenues do not include"cable service"as defined by the Cable
pursuant to Arkansas Code Ann. §14-200-101. Communications Policy Act of 1984, as amended by
"Person" means any individual, resident, citizens, the Telecommunications the Cable television Consumer Protection and
business firm, corporation, partnership, governmental Competition Act s 1992,ations Act cof 1996.
U.S.C. §521 et seq., and
agency, or institution.
" highways, "Transmission line" means a telecommunications
Streets" means all streets, roads, hi
9 y facility that is used solely for the purpose of
alleys, rights-of-way, public utility easements, public transmitting signals form one point to another point
property, public ways and air space over such streets, and does not include a line for the purpose of
roads, alleys, public rights-of-way, public utility delivering telecommunications services to any person
easements, public property and public ways located in the City.
within the geographic limits of the City.
"Telecommunications" means the transmission,
(B) Requirement of City's Consent.
between or among points specified by the user, of
information of the user's choosing without change in Every telecommunications provider and
the form or content of the information sent and telecommunications lessee that utilize a
received. telecommunications facility must obtain a franchise or
license from the City in accordance with §110.02 in
"Telecommunications facilities" or "facilities" order to provide telecommunications services. Prior
means all conduits, manholes, poles, antennas, to providing any telecommunications facility, or
transceivers, wires, cable (including fiber optic cable) utilizing any telecommunications facility, the provider
and appurtenances owned or utilized by a or lessee must agree in writing to comply with the
terms and conditions of this Ordinance and enter into franchise or license would prohibit or have the effect
a franchise agreement or license agreement. of prohibiting the ability of the Applicant to provide any
interstate or intrastate telecommunications services;
(C) Application Process. and
Any telecommunications provider or lessee (who j) any other factor relating to whether the grant of
has not yet been awarded a franchise such as AT&T a franchise or license impinges on the City's right to
and the Prairie Grove Telephone Company) seeking manage its Streets.
to utilize the Streets to provide telecommunications
service shall complete a brief application form (D) Franchise or License Agreement
approved by the Department of Transportation
Services. Such application form shall briefly describe 1. As a condition of the grant of a franchise or
the general nature of the service to be provided, the license, the provider or lessee shall enter into a
type of construction or use of the facilities required, franchise agreement or a license agreement with the
the name, address and telephone number of the City. A telecommunications provider shall enter into a
person or entity seeking to provide the service, and franchise agreement. A telecommunications lessee
the name, address and telephone number of an shall enter into a license agreement.
authorized representative of the person or entity.
2. The franchise agreement or license
1. The Applicant shall also provide evidence in a agreement shall contain such additional terms and
form satisfactory to the City that it has the financial, conditions as are not in conflict with the terms of this
legal and technical qualifications necessary to provide Ordinance as may be necessary and appropriate for
the service for which it seeks a fr4anchise or license. the particular circumstances of the provider or lessee
The provision of authorization from the Arkansas and its delivery of telecommunications services.
Public Service Commission shall be deemed
satisfactory evidence of these qualifications. (E) Construction Maintenance.
2. In considering whether to grant a franchise or 1. Construction Application. Prior to the
license or impose terms and conditions on the grant beginning construction, excluding routine
of a franchise or license, the City may consider, maintenance or emergency repair, of any
without limitation, the following factors to the extent telecommunications facility, the Telecommunications
not already considered by the Arkansas Public Company shall apply to the Department of
Service Commission: Transportation Services of the City for permission to
carry out construction activities in the City's Streets,
a) the Applicant's financial ability to pay the ands shall comply with all requirements of that
compensation and fees required by this Ordinance; department and all applicable ordinances or code
b) the Applicant's ability to construct and sections.
operate the telecommunications facilities it seeks to 2. Construction Plan. Prior to beginning
utilize; construction, as defined above, the Applicant shall
c) the Applicant's compliance with the terms submit a plan describing the proposed construction.
and conditions of federal, state and local law including The plan shall specify:
applicant's compliance in other jurisdictions in which it
operates; a) The design of any telecommunications
facilities to be construction or utilized;
d) the capacity of the Streets to b) A map showing the precise location of
accommodate the Applicant's proposed facilities; any telecommunications facility to be constructed or
e) the damage or disruption, if any, of public utilized and any appurtenant facilities such as poles,
or private facilities, improvements, or landscaping if a attachments, guy wires,and the like;
franchise or license is granted; c) A description of any agreements that
f) the public interest in minimizing the cost have been reached or are necessary with other
and disruption of construction in, on, under and above telecommunications providers or providers of other
the streets; utility services regarding use of existing facilities;
g) the effect of public health, safety or d) The timetable for completion of
welfare if a franchise or license is granted; construction, including any phases of construction;
h) the availability of alternate routes and/or e) Such other information as well provide
locations for the proposed facilities; the City with pertinent information relating to the
construction of the telecommunications facilities,
I) whether the imposition of certain terms including any pertinent information requested by the
and conditions or the failure to grant the requested City.
3. Prior Authority. Prior to beginning provider constructing a new transmission line or other
construction, the Applicant shall have received all facility, or expanding an existing line or facility, shall
necessary regulatory authority to construction a utilize existing facilities or place its facilities
telecommunications facility or provide underground. The owner of any existing facility shall
telecommunications service from the Arkansas Public to the extent permitted by law and consistent with any
Utilities Commission, the Federal Communications pole attachment regulations of the Public Service
Commission, or other appropriate state or federal Commission, the Federal Communications
agency. Evidence that it has received such regulatory Commission or other appropriate agency, permit the
authority shall be filed with the City. telecommunications provider to utilize its pole.
4. Standards of Construction. The method of 11. Movement of Facilities. A
construction, workmanship used, and materials telecommunications provider shall be required to
utilized in the construction shall conform to all temporarily disconnect or relocate any of its facilities
applicable federal, state and local statutes, rules, located in the Streets at its own expense when
regulations and ordinances. All work shall be required by the City by reason of traffic conditions,
performed in a safe, thorough, and reliable manner public safety, or the construction, installation or repair
using materials of good and durable quality so as not of any public road, highway, building, park or other
to create a hazard or dangerous conditions on the public project. The provider shall cooperate with any
Streets. If, at any time, it is determined by the City or other public utility authorized by the City to provide
any other agency or authority of competent utility service utilizing the City's Streets. If a private
jurisdiction that any telecommunications facility entity is required by City to modify or affect the
presents a danger to the public health, safety or Streets, that entity shall compensate the provider for
welfare, then the telecommunications provider or its costs for the disconnection or relocation of any of
lessee shall, at its own cost and expense, upon thirty the provider's facilities. Provider shall be notified by
(30) days advance written notice, at its own cost and said private entity as soon as practical of any plan
expense, promptly correct all such conditions. affecting provider's facilities.
5. Maintenance and Repair Any 12. Tree Trimming. A telecommunications
telecommunications facility constructed or utilized provider is authorized to trim trees in the City's
pursuant to a franchise or license shall be maintained Streets to the extent necessary to properly maintain
and repaired in accordance with the standards and its transmission line or other facility, but prior to major
under the terms and conditions set out in the trimming projects, it shall provide at least 24 hours'
preceding paragraph and such other terms and notice to the City. The City, at its option, may choose
conditions as shall appear in this Ordinance or the to supervise such tree trimming. Upon conclusion of
franchise agreement or license agreement. the tree trimming,the provider shall immediately clean
up and remove all debris.
6. Minimal Disruption. Construction,
maintenance and repair of the telecommunications 13. Curb Cuts. No provider shall make paving
facilities shall be conducted in such a manner as to cuts or curb cuts without the written consent of the
minimize any interference with or disruption of the Director of the Department of Transportation
City's Streets, traffic, residences, businesses and Services.
institutions. The provider shall at all times endeavor
to use trenchless technology in appropriate (F) Performance Bond.
circumstances.
1. Prior to the provision of service, the provider
7. Restoration. Any disturbance of the city's shall post a performance bond, satisfactory to the
Streets shall be repaired and restored by the City, in the City's favor to ensure faithful performance
telecommunications provider or lessee at its expense of the terms and provisions of the franchise
and to a condition at least as good as that prevailing agreement and any planned construction as
before the work causing such disturbance was designated to the construction plan the provider has
commenced. filed with the City pursuant to Section (E)(2). The
bond shall be equivalent to ten percent (10%) of the
S. Location of Facilities. New poles and other total cost of the construction as provided in the
new facilities shall be located to the extent feasible in construction plan, or $25,000.00, whichever is
such a way as to minimize their effect on the visual greater.
landscape and on other aesthetic considerations and
so as to minimize inconvenience. 2. In the event the provider fails to comply with
the U.D.C. or to complete the construction in a safe,
9. Burial of Transmission Lines. A timely, and competent manner, after notice and a
telecommunications provider shall place its reasonable opportunity to cure, the City may recover,
transmission line or other facilities underground where jointly and severally from the principal and surety of
feasible and desirable from an aesthetic perspective. the bond,any damages or loss suffered by the City as
a result, including the full amount of any
10. Co-location: Sharing of Pole Space. To compensation, indemnification or cost of removal or
the maximum extent feasible, a telecommunications abandonment or any property of the provider, plus a
reasonable allowance for attorneys'fees, up to the full H. Removal.
amount of the bond.
1. Within thirty (30) days following written
3. The City in its sole discretion may waive this notice from the City, any telecommunications
requirement of a bond upon provider demonstrating provider or other person that owns, controls or
sufficient financial resources or upon good cause maintains any obsolete or unusable
shown to the Director of the Department of telecommunications facility or related appurtenances
Transportation services. that the City determines is a visual blight or nuisance
to the public on, in, under or above the Streets shall,
G. Fees. at its own expense, remove such facilities and
appurtenances form the Streets.
Amount. In consideration of the City's grant of
authority to utilize the City's Streets for the provision 2. A telecommunications facility need not be
or lease of telecommunications services, the removed if renovation or restoration is planned within
telecommunications provider or lessee shall pay a a reasonable period of time by the
franchise fee to the City in the following amounts: telecommunications franchisee or licensee or if the
telecommunications facility is being utilized for
1. In the City. A telecommunications provider telecommunications services. In such case, prompt
or lessee who provides service to residents, written notice shall b provided to City specifying why
businesses or institutions in the City shall pay monthly such telecommunications should not be removed and
an amount equal of four percent (4%) of its Gross the specific time frame, if applicable, for any planned
Revenues within the corporate limits of the City during renovations or restoration.
the preceding month.
I. Transfer; Transfer of Control.
2. Outside the City. A telecommunications
provider who provides service solely to persons A grantee or transferee of a telecommunications
outside the geographic boundaries of the City by provider or licensee shall notify, at the same time it
utilizing a transmission line that uses City right-of-way applies to the Arkansas Public Service Commission
or streets shall pay the City a reasonable annual fee for a transfer or change of control, the City of
based upon an installation fee and charge per linear Fayetteville of: 1) its intent to be a
feet of transmission line that traverses the City or telecommunications provider or licensee; 2) its intent
based upon such other method as the City deems to comply with §110.02 Telecommunication
appropriate. Such a fee may be paid in a lump sum in Franchises; 3) its intent to promptly provide such
advance or in a combination of a lump sum plus information pertinent to the proposed transaction as
annual payment as the City deems fit; may reasonably be required by the City.
3. Calculation of Payments. All payments J. Existing Telecommunications Providers.
made to the City shall be accompanied by a
statement certified as true by an appropriate A telecommunications provider delivering service
employee of the provider or lessee explaining the in the City as of January 1, 2011, such as AT&T and
basis of the calculation on which the payment was the Prairie Grove Telephone Company need not apply
made. for a franchise and are deemed to hold a franchise in
conformity with §110.02. All previous franchise
4. Audit. Upon reasonable notice, the City shall ordinances are deemed superseded by this code
have the right to inspect and copy the section so that all existing or new telecommunication
telecommunications provider's or lessee's books and companies in Fayetteville must comply with all of the
records that are reasonable necessary for the City to terms of§110.02 upon its effective date.
determine compliance with Section G. A
telecommunications provider or lessee shall maintain
sufficient financial records governing its operation in
the City to allow the determination of gross Revenues
and to otherwise document accurate payment of fees.
5. Fees not a Tax. Unless otherwise
inconsistent with applicable law, the fees provided in
this Section G are not taxes and are separate from,
and in addition to, any and all federal, state, local and
city taxes as may be levied, imposed or due form a
telecommunications provider or lessee, its customers
or subscribers, or on account of the lease, sale,
delivery or transmission of telecommunications
services; provided that no fee imposed by this section
shall be imposed in violation of state or federal law.
AGENDA REQUEST
FOR: COUNCIL MEETING OF MAY 3, 2011
FROM:
KIT WILLIAMS, CITY ATTORNEY
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
An Ordinance To Amend Ordinance No. 2990 Of March 6, 1984 To Acknowledge That Some
Fayetteville Citizens And Businesses Are Now Within The Prairie Grove Telephone Company
Franchise Area And To Apply The Same Franchise Fee To Both Telephone Companies, To
Amend Ordinance No. 4278 Of November 21, 2000 And To Codify These Combined
Ordinances
APPROVED FOR AGENDA:
a.
City Attorney Date
Finance Director Date
Chief of Staff Date
ayorjoidan Date
I IP04 =42 KCVD
t�
TayreeLvIIIIe Departmental Correspondence d7L
LEGAL
essfayetteville.org DEPARTMENT—
Kit Williams
CityAttorney
TO: Mayor Jordan Jason B.Kelley
y Assistant City Attorney
City Council
CC: Don Marr, Chief of Staff
Paul Becker, Finance Director }
FROM: Kit Williams, City Attorney
DATE: March 10, 2011
RE: Applying a uniform franchise fee for all telephone companies providing
basic local exchange service to Fayetteville residents and businesses
For most of Fayetteville's history, we have been served by a single
telephone company, Southwestern Bell (now AT&T). Recently, however, our
westward annexations extended our corporate limits into the Prairie Grove
Telephone Company's service area. Therefore, to ensure equal treatment, we need
to pass an ordinance requiring the same 4% franchise fee from the Prairie Grove
Telephone Company serving Fayetteville customers as we do for AT&T which
serves the vast majority of Fayetteville customers.
A.C.A. §14-200-101 in the Municipal Authority Over Utilities chapter of
the Arkansas Code authorizes the City Council to impose a franchise fee of up to
4 t/a%. Since 1984, the City has charged 4% which now should be extended to the
Prairie Grove Telephone Company which we believe is now serving slightly less
than 100 customers within Fayetteville. That way all citizens and businesses in
Fayetteville will be treated equally.
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ORDINANCE NO.
AN ORDINANCE TO AMEND ORDINANCE NO. 2990 OF MARCH 6, 1984
TO ACKNOWLEDGE THAT SOME FAYETTEVILLE CITIZENS AND
BUSINESSES ARE NOW WITHIN THE PRAIRIE GROVE TELEPHONE
COMPANY FRANCHISE AREA AND TO APPLY THE SAME FRANCHISE
FEE TO BOTH TELEPHONE COMPANIES, TO AMEND ORDINANCE NO.
4278 OF NOVEMBER 21, 2000 AND TO CODIFY THESE COMBINED
ORDINANCES
WHEREAS, the Fayetteville Board of Directors passed Ordinance No. 2892 on February
15, 1983 authorizing Southwestern Bell Telephone Company and its successors to continue to
operate in Fayetteville and use our public rights-of-way for its lines and charged a franchise fee
for such usage; and
WHEREAS, the Fayetteville Board of Directors passed Ordinance No. 2990 on March 6,
1984, which amended the first two sections of Ordinance No. 2892 and specified a franchise rate
of four percent (4%); and
WHEREAS, on November 21, 2000, the Fayetteville City Council passed Ordinance No.
4278, an eighteen page, complex telecommunications franchise fee application ordinance which
also set the franchise fee at four percent(4%); and
WHEREAS, after the City of Fayetteville's western annexation, our city limits extended
into the Prairie Grove Telephone Company's authorized service area such that we need to
authorize its use of our rights-of-way and establish an identical franchise rate of four percent
(4%)for telephone services provided to those Fayetteville citizens and businesses.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends
Ordinance No. 2990 by deleting the first sentence of its Section 1 and enacting a replacement
sentence as follows:
"Section 1: AT&T and the Prairie Grove Telephone Company and
their successors and assigns are authorized to continue to operate their
telephone businesses and all businesses incidental to or connected with
the conducting of a telephone business and system within the City of
Fayetteville, Arkansas."
All of the remaining language of Section 1 remains unchanged except references to a singular
telephone company will now relate to both telephone companies.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals
Ordinance No. 4278, but enacts substantial portions of it in the renamed Chapter 110:
Telecommunication Franchises and Billposting as shown on Exhibit A attached.
PASSED and APPROVED this 3rd day of May, 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
CHAPTER 110: TELECOMMUNICATION FRANCHISES AND BILLPOSTING
110.01 Billposting telecommunications provider or telecommunications
lessee and located in, under or over the Streets of the
(A) The posting of any bills, notices, or City and utilized in the provision of
advertisements of any kind whatever upon any telecommunications services.
electric light, telephone, or telegraph pole within the
limits of the city is hereby prohibited. "Telecommunications lessee" or "lessee" means
any person, firm, corporation, partnership, or other
(B) It shall be unlawful for any person to post, stick, business entity, including "resellers," that provides
paint or otherwise attach (or cause to be posted, telecommunications services within the geographic
stuck, painted, or caused to be otherwise attached) boundaries of Fayetteville, including long-distance
any bill sign, notice, poster, or othgr advertisement to services that originate or terminate in the City, but
any building, fence, wall, vehicles, or other property, utilizing, purchasing or leasing a telecommunications
public or private, without first having obtained facility of a telecommunications provider or any
permission from the owner of such property. element thereof, whether through purchase, lease,
contract, interconnection agreement, or other
(Code 1965, §§13-2, 13-3; Ord. No. 241, 9-11-1908; Ord. business arrangement; provided that a person that
No. 3773,§1,4-5-94;Code 1991,§110.01) owns its own telecommunications facilities in the City
and utilizes, purchases or leases telecommunications
110.02 Telecommunication Franchises facilities or elements thereof of other
telecommunications providers in the City shall be
(A) Definitions. As used in §110.02 the following classified as a telecommunications provider under the
terms of this section.
terms shall have the meanings set out:
"Telecommunications provider' or "provider'
"Applicant" means a telecommunications provider means any person, firm, corporation, partnership or
or telecommunications lessee that applies for a other business entity, other than the City of
franchise or license pursuant to this section. Fayetteville, that provides telecommunications
services within or without the geographic boundaries
"Franchise fee" means compensation paid to the of the City by utilizing its own telecommunications
City by the telecommunications provider or lessee in facilities to provide telecommunications services.
exchange for the use of the City's streets to deliver
telecommunications services "Telecommunications services" or "services"
"Gross revenues" means all revenues from basic means any service delivering telecommunications by
local service, excluding, among other things, a telecommunications provider or lessee that the
provider or lessee is authorized to provide under
extension, terminal equipment, toll, access, yellow federal, state and local law, except that these terms
pages, and other miscellaneous equipment revenues do not include"cable service"as defined by the Cable
pursuant to Arkansas Code Ann. §14-200-101. Communications Policy Act of 1984, as amended by
"Person" means an individual, resident, citizens, the Cable television Consumer Protection and
y Competition Act of 1992, 47 U.S.C. §521 et seq., the
business firm, corporation, partnership, governmental Telecommunications Act of 1996, and subsequent
agency,or institution. acts.
"Streets" means all streets, roads, highways, "Transmission line" means a telecommunications
alleys, rights-of-way, public utility easements, public facility that is used solely for the purpose of
property, public ways and air space over such streets, transmitting signals from one point to another point
roads, alleys, public rights-of-way, public utility and does not include a line for the purpose of
easements, public property and public ways located delivering telecommunications services to any person
within the geographic limits of Fayetteville. in Fayetteville.
"Telecommunications" means the transmission, (B) Requirement of City's Consent.
between or among points specified by the user, of
information of the users choosing without change in Every telecommunications provider and
the form or content of the information sent and
received. telecommunications lessee that utilize a
telecommunications facility must obtain a franchise or
"Telecommunications facilities" or "facilities" license from the City in accordance with §110.02 in
means all conduits, manholes, poles, antennas, order to provide telecommunications services. Prior
transceivers, wires, cable (including fiber optic cable) to providing any telecommunications facility, or
and appurtenances owned or utilized by a utilizing any telecommunications facility, the provider