§ 292-2. Granting authority.

A. 

No person shall use or occupy the streets as a telecommunications provider, or construct, operate or maintain equipment in the streets used to provide telecommunications, without a franchise or revocable license granted by the City. A franchise or revocable license granted in accordance with the provisions of this chapter shall not be construed to grant any rights or authorization to provide cable services in the City, and any person seeking to provide cable services in the City shall first obtain a separate franchise in accordance with Chapter A365 of the City Code entitled "Multichannel Service Providers."

B. 

Any person seeking to use the streets to construct, operate or maintain equipment to provide telecommunications for or in connection with the internal operations of such person's business, residence or employment and not for or in connection with the provision or offering of telecommunications services for sale or resale to any person in the City shall first obtain a revocable license in accordance with the provisions of this chapter.

C. 

The City Council may grant one or more franchises and revocable licenses in accordance with this chapter, provided that the Council reserves the right to modify any provision of this chapter by amendment hereof.

D. 

The grant of any franchise or revocable license shall be made by adoption of a separate ordinance by the City Council and shall be on such terms and conditions as shall be specified in said separate ordinance and/or a franchise or license agreement between the City and the franchisee or licensee.

E. 

Any franchise or revocable license granted shall be nonexclusive. The City specifically reserves the right to grant, at any time, such additional franchises, revocable licenses or other authorizations for use of the streets by any means, as the City deems appropriate.

F. 

A franchise may be granted for all or any defined portion of the City.

G. 

A revocable license is intended to be a limited grant of authority to use and occupy specifically identified streets to provide telecommunications services and shall be granted only if: the use or occupation of such streets, together with all revocable licenses previously granted to such person and affiliated persons, shall not exceed 2,500 linear feet; or the use or occupation of such streets does not involve the offering or provision of telecommunications services to any person within the City. In the event that an application for a revocable license would cause a telecommunications provider to exceed or fail to comply with the limits specified in this § 292-2G, then such telecommunications provider must apply for a franchise in accordance with the provisions of this chapter, and the use of specifically identified streets pursuant to all previously granted revocable licenses shall thereafter be pursuant to and in accordance with any such franchise that may be granted.

H. 

Any franchise or revocable license granted shall require payment of a fee payable to the City in such amount as shall be determined by the City Council.