§ 6.5-228. Extent of grant of a franchise; wireline system and service.

(a)

A service provider or system owner or operator required to obtain a franchise may construct, erect, install, maintain, rebuild, upgrade, operate, repair, replace, remove, and restore service or a system within the geographical limits set forth in the franchise, but only to the extent permitted by this article and the terms and conditions of the franchise.

(b)

Any franchise granted under this article shall be solely and exclusively for wireline service, unless express written authority and permission to use the system for the receipt or provision of wireless service(s) is obtained from the city, and no wireless reception or transmission equipment or facilities shall be attached to or use the wireline system located on or using city-owned property or rights-of-way without the express written permission of the city, which authority must be expressly contained in any franchise.

(c)

The system may be located in, upon, along, across, over, and under the streets, rights-of-way, easements, and public ways of the city as more specifically set forth in the franchise, but only to the extent set forth in this article and the franchise.

(d)

A service provider or system owner or operator shall be solely and separately responsible for obtaining any required easements for the use of private property, including privately-owned utility or street light poles, solely at its own cost.

(e)

A service provider or system owner or operator, through a separate pole or conduit agreement with a utility, or the city, may locate the system on or within the easement or property of such utility in the city, so long as the system and service is deemed a compatible use of the easement and such use is expressly permitted by the holder or owner of the easement.

(Ord. No. A-177, § 78, 3-13-2000)