The text
11-1-1 - Purpose.#
The purpose and intent of this Title is to: 1.
Establish a local policy concerning telecommunications providers and services;
2.
Establish clear local guidelines, standards and time frames for the exercise of local authority with respect to the regulation of telecommunications providers and services;
3.
Promote competition in telecommunications;
4.
Minimize unnecessary local regulation of telecommunications providers and services;
5.
Encourage the provision of advanced and competitive telecommunications services on the widest possible basis to the businesses, institutions and residents of the City;
6.
Permit and manage reasonable access to the public ways of the City for telecommunications purposes on a competitively neutral basis;
7.
Conserve the limited physical capacity of the public ways held in public trust by the City;
8.
Assure that the City's current and ongoing costs of granting and regulating private access to and use of the public ways are fully paid by the persons seeking such access and causing such costs;
9.
Secure fair and reasonable compensation to the City and the residents of the City for permitting private use of the public ways;
10.
Assure that all telecommunications carriers providing facilities or services within the City comply with the ordinances, rules and regulations of the City;
11.
Assure that the City can continue fairly and responsibly to protect the public health, safety and welfare;
12.
Enable the City to discharge its public trust consistent with rapidly evolving Federal and State regulatory policies, industry competition and technological development.
11-1-2 - Definitions.#
For the purpose of this Title, 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 otherwise:
Affiliate - A person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with another person.
Annual Gross Revenue - Any revenue received by the telecommunications carrier from the operation of a telecommunications service within the corporate limits of Kaysville City, provided, however, that such phrase shall not include any fees or taxes which are imposed directly or indirectly on any telecommunications carrier by any governmental unit or agency, and which are collected by the Telecommunications Carrier on behalf of such governmental unit or agency.
Cable Act - The Cable Communications Policy Act of 1984, 47 U.S.C. §532, et seq., as now and hereafter amended.
Cable Operator - A telecommunications carrier providing or offering to provide "cable service" within the City as that term is defined in the Cable Act.
Cable Service - For the purpose of this Title, shall have the same meaning provided by the Cable Act.
City - Kaysville City.
City Property - Means and includes all real property owned by the City, other than public streets and utility easements as those terms are defined herein, and all property held in a proprietary capacity by the City, which are not subject to right-of-way licensing and franchising as provided in this Title.
Corporate Authorities - The Mayor and City Council of the City.
Excess Capacity - The volume or capacity in any existing or future duct, conduit, manhole, handhole or other utility facility within the public way that is or will be available for use for additional telecommunications facilities.
FCC or Federal Communications Commission - The Federal administrative agency or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level.
Legal Ability of Applicant - Applicant's status as a fully authorized and licensed entity according to applicable law.
Other Ways - The highways, streets, alleys, utility easements or other rights-of-way within the City, but under the jurisdiction and control of a governmental entity other than the City.
Overhead Facilities - Utility poles, utility facilities and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities.
Person - Means and includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies or similar entities and individuals and includes their lessors, trustees and receivers.
PSC or Public Service Commission - The State administrative agency, or lawful successor, authorized to regulate and oversee telecommunication carriers, services and providers in the State of Utah.
Public Street - Any highway, street, alley or other public right-of-way for motor vehicle travel under the jurisdiction and control of or within the City which has been acquired, established, dedicated or devoted to highway purposes not inconsistent with telecommunications facilities.
Public Ways - City owned or controlled easements, rights-of-way, or public streets or other ways open to and available for use by the public.
State - The State of Utah.
Surplus Space - The portion of the usable space on a utility pole which has the necessary clearance from other pole users, as required by the orders and regulations of the Public Service Commission or other regulatory agency, to allow its use by a telecommunications carrier for a pole attachment.
Telecommunications Carrier - Means and includes every person that directly or indirectly owns, controls, operates or manages plant, equipment or property within the City, used or to be used for the purpose of offering telecommunications service.
Telecommunications Facilities - The plant, equipment and property, including but not limited to, cables, wires, conduits, ducts, pedestals, antennae, electronics and other appurtenances used or to be used to transmit, receive, distribute, provide or offer telecommunications services.
Telecommunications Provider - Means and includes every person who provides telecommunications service over telecommunications facilities without any ownership or management control of the facilities.
Telecommunications Service - The providing or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission medium.
Telecommunications System - See Telecommunications Facilities.
Underground Facilities - Utility and telecommunications facilities located under the surface of the ground, excluding the underground foundations or supports for overhead facilities.
Usable Space - The total distance between the top of a utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance as specified in the orders and regulations of the Public Service Commission or other regulatory agency.
Utility Easement - Any easement owned by the City and acquired, established, dedicated or devoted for public utility purposes not inconsistent with telecommunications facilities.
Utility Facilities - The plant, equipment and property, including but not limited to the poles, pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the ground within the public ways of the City and used or to be used for the purpose of providing utility or telecommunications services.
11-1-3 - Registration.#
Except as otherwise provided herein, all telecommunications carriers and providers engaged in the business of transmitting, supplying or furnishing of telecommunications originating or terminating in the City shall register with the City pursuant to KCC 11-2.
11-1-4 - Telecommunications License.#
Except as otherwise provided herein, any telecommunications carriers who desire to construct, install, operate, maintain, or otherwise locate telecommunications facilities in, under, over or across any public way of the City for the sole purpose of providing telecommunications service to persons and areas outside the City shall first obtain a license granting the use of such public ways from the City pursuant to KCC 11-3.
11-1-5 - Telecommunications Franchise.#
Except as otherwise provided herein, any telecommunications carriers who desire to construct, install, operate, maintain or otherwise locate telecommunications facilities in, under, over or across any public way of the City, and to also provide telecommunications service to persons or areas in the City, shall first obtain a franchise granting the use of such public ways from the City pursuant to KCC 11-4.
11-1-6 - Cable Television Franchise.#
Except as otherwise provided herein, any telecommunications carrier who desires to construct, install, operate, maintain or locate telecommunications facilities in any public way of the City for the purpose of providing cable service to persons in the City shall first obtain a cable franchise from the City as provided in KCC 11-5.
11-1-7 - Application to Existing Franchise Ordinances and Agreements.#
This Title shall have no effect on any existing franchise ordinance or franchise agreement until: 1.
The expiration of said franchise ordinance or agreement;
2.
An amendment to an unexpired franchise ordinance or franchise agreement, unless both parties agree to defer full compliance to a specific date not later than the present expiration date.
11-1-8 - Penalties.#
Any person or fictitious entity found guilty of violating, disobeying, omitting, neglecting or refusing to comply with any of the provisions of this Title shall be guilty of a Class B Misdemeanor and shall be punished accordingly. A separate and distinct offense shall be deemed committed each day on which a violation occurs or continues.
11-1-9 - Other Remedies.#
Nothing in this Title shall be construed as limiting any judicial remedies that the City may have, at law or in equity, for enforcement of this Title.
11-1-10 - Severability.#
If any section, subsection, sentence, clause, phrase, or other portion of this Title, or its application to any person, is for any reason declared invalid, in whole or in part by any court or agency of competent jurisdiction, said decision shall not affect the validity of the remaining portions hereof.