Chapter 5.35 FRANCHISE - TELECOMMUNICATIONS
Section 5.35.020 Declaration of finding and intent.
A. Findings Regarding Rights-of-Way. The City Council
of Vernal City, Utah, finds
that the rights-of-way within Vernal City (hereinafter "City"): (a) are critical to
the travel
and transport of persons and property in the business and social life of the City; (b) are
intended for public uses and must be managed and controlled consistent with that intent;
(c)can be partially occupied by the facilities of utilities and other public service entities
delivering utility and public services rendered for profit, to the enhancement of the health,
welfare, and general economic well-being of the City and its citizens;
and (d) are a unique and physically limited resource requiring proper management to
maximize the efficiency and to minimize the costs to the taxpayers of the foregoing uses
and to minimize the inconvenience to and negative effects upon the public from such
facilities' construction, placement, relocation, and maintenance in the rights-of-way.
B. Finding Regarding Compensation. The City finds that
the City should receive fair
and reasonable compensation for use of the rights-of-way.
C. Finding Regarding Local Concern. The City finds that
while Telecommunications
Systems are in part an extension of interstate commerce, their operations also involve
rights-of-way, municipal franchising, and vital business and community service, which
are of local concern.
D. Finding Regarding Promotion of Telecommunications
Services. The City finds
that it is in the best interests of its taxpayers and citizens to promote the rapid
development of Telecommunications
Services, on a nondiscrimination basis, responsive to community and public interest, and
to assure availability for municipal, educational and community services.
E. Findings Regarding Franchise Standards. The City finds
that it is in the interests of
the public to Franchise and to establish standards for franchising Providers in a manner
that:
1 fairly and reasonably compensates the City on a competitively neutral and
nondiscriminatory basis as provided herein;
2. encourages competition by establishing terms and conditions under which Providers
may use the rights-of-way to serve the public;
3. fully protects the public interests and the City from any harm that may flow
from
such commercial use of rights-of way;
4. protects the police powers and rights-of-way management authority of the
City, in a
manner consistent with federal and state law;
5. otherwise protects the public interests in the development and use of the
City
infrastructure;
6. protects the public's investment in improvements in the rights-of-way; and
7. ensures that no barriers to entry of Telecommunications.
Providers are created and that such franchising is accomplished in a manner
that does
not prohibit or have the effect of prohibiting Telecommunication Services, within the
meaning of the Telecommunications Act of 1996 ("Act") [United States P.L. No. 104-104].
F. Power to Manage Rights-of-Way. The City adopts this
Telecommunications
Ordinance pursuant to its power to manage the rights-of-way, pursuant to common law,
the Utah Constitution and statutory authority, and receive fair and reasonable,
compensation for the use of rights-of-way by Providers as expressly set forth by Section
253 of the Act. (Enacted 1999-17)
(Ord. 2009-25, Add, 10/30/2009)