§ 11.14.010. General provisions.

A.

Findings and purpose.

1.

The City Council finds that it is in the public interest to permit use of the City's rights-of-way and to establish standards for use of the rights-of-way for service providers and other operators of telecommunications systems, in a manner which:

(a)

Encourages competition by establishing non-discriminatory terms and conditions under which service providers and other operators of telecommunications systems may use valuable public property to serve the public.

(b)

Protects the public interest in the use of the limited physical capacity of the public rights-of-way.

(c)

Protects the public and the City from any harm resulting from such private use of rights-of-way and preserves and improves the aesthetics of the community.

(d)

Protects and carries out the regulatory authority of the City and recovers administrative costs, in a manner consistent with federal and state law.

2.

The City Council finds that the City's rights-of-way, other City property, and utility facilities such as its poles and conduits within the City constitute valuable public property:

(a)

That can be partially occupied by private companies and other entities for facilities used in the delivery, conveyance, and transmission of telecommunications, 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

(b)

That are a unique resource so that proper management by the City is necessary, to maximize the efficiency and minimize the costs to the taxpayers of the foregoing uses and to minimize the inconvenience and negative effects, including degradation, upon the public from such facilities' construction, emplacement, relocation, and maintenance in the rights-of-way.

3.

Therefore, the purpose and intent of this chapter is to:

(a)

Permit and manage reasonable access to the limited physical capacity of the available public rights-of-way of the City for telecommunications purposes in a non-discriminatory, competitively neutral, and non-exclusive way to the extent required under applicable law.

(b)

Encourage open competition and the provision of advanced and high quality telecommunications services on the widest possible basis to the businesses, institutions, and residents of the City, while eliminating unnecessary local regulation of telecommunications service providers and services.

(c)

Promote and encourage competition for voice, data, video, and video programming services that make the latest and best technology available and keep service prices affordable for all City residents and businesses.

(d)

Encourage universal access to telecommunications and video programming services for all residents and businesses.

(e)

Encourage investments by telecommunications service providers to enhance economic development programs and provide jobs, opportunities, and choices for its citizens.

(f)

Encourage economic development while preserving aesthetic and other community values and preventing proliferation of above ground facilities.

(g)

Enable the City to discharge its public trust consistent with rapidly evolving federal and state regulatory policies, industry competition, and technological development.

(h)

Recover the City's current and ongoing costs of granting and regulating private access to and use of the public rights-of-way from the persons and businesses seeking such access and causing such costs, in a non-discriminatory manner.

(i)

Establish a local policy concerning cable systems and open video systems that use the public rights-of-way.

(j)

Promote the availability of diverse, multimedia information resources to the community over cable systems and open video systems; enhance educational opportunities throughout the community and build a stronger community.

(k)

Encourage the provision of advanced and competitive cable or open video system services on the widest possible basis to the businesses, institutions and residents of the City.

(Ord. 3550 § 2, 2/16/2016; Ord. 3083 § 1 (part), 6/29/2001)