Chapter 5.35 FRANCHISE - TELECOMMUNICATIONS


Section 5.35.040 Excluded activity.

    A.    Cable TV. This Ordinance shall not apply to cable television operators otherwise regulated by Chapter 5.35 of the Vernal City Code,"Cable Television Ordinance").
    B.    Wireless Services. This Ordinance shall not apply to personal wireless service facilities.
    C.    Provisions Applicable to Excluded Providers. Providers excused by other law that prohibits the City from requiring a Franchise shall not be required to obtain a Franchise, but all of the requirements imposed by this Ordinance through the exercise of the City's police power and not preempted by other law shall be applicable.
    D.    Interconnection of Facilities owned by Single Business. The requirement of obtaining a telecommunications franchise shall not apply to a business that only desires to cross or use City rights-of-way to interconnect its own facilities, wholly located within City limits, if the Mayor finds:
1.     that the business will use City rights-of-way only to interconnect its own facilities; and
        2.         the entity agrees to enter into a written license agreement with the City wherein the entity agrees to:
        (a)     assume all costs (including City oversight and inspection costs) associated with construction and maintenance of the telecommunications facilities, including all costs associated with the complete restoration of the City right-of-way after construction (or removal) of the telecommunications facilities in the City right-of-way;
(b)     assume all liability arising from the construction, installation, maintenance, repair, use, operation, and/or removal of the telecommunication facilities and indemnify, defend and hold City harmless from any such liability; and
(c)     pay a reasonable license fee for use of right-of way based on comparable revenues received by the City from its telecommunications franchisees.
    E.    Nothing herein shall give the entity the right to use City facilities or poles, the use of which shall be governed by the license agreement.


(Ord. 2009-25, Add, 10/30/2009)