CHAPTER 1
DECLARATION OF FINDINGS AND INTENT; SCOPE OF ORDINANCE
Sections:
13-1-101 Findings Regarding Rights-of-Way.
13-1-102 Finding Regarding Compensation.
13-1-103 Finding Regarding Local Concern.
13-1-104 Finding Regarding Promotion of Telecommunications Services.
13-1-105 Findings Regarding Franchise Standards.
13-1-106 Power to Manage Rights-of-Way.
13-1-110 Provisions Applicable to Excluded Providers.
13-1-101 Findings Regarding Rights-of-Way.
The City of Springville finds that the Rights-of-Way within the City:
(1) Are critical to the travel and transport of persons and property in the business and social life of the City;
(2) Are intended for public uses and must be managed and controlled consistent with that intent;
(3) 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
(4) 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.
(Statutory Authority UCA 10-8-1 and Telecommunications Act of 1996 (Act) [P.L. No. 104-104]; adopted by Ordinance No. 20-98)
13-1-102 Finding Regarding Compensation.
The City finds that the City should receive fair and reasonable compensation for use of the Rights-of-Way.
(Statutory Authority UCA 10-8-1 and Telecommunications Act of 1996 (Act) [P.L. No. 104-104]; adopted by Ordinance No. 20-98)
13-1-103 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.
(Statutory Authority UCA 10-8-1 and Telecommunications Act of 1996 (Act) [P.L. No. 104-104]; adopted by Ordinance No. 20-98)
13-1-104 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.
(Statutory Authority UCA 10-8-1 and Telecommunications Act of 1996 (Act) [P.L. No. 104-104]; adopted by Ordinance No. 20-98)
13-1-105 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 non-discriminatory 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”) [P.L. No. 104-104].
(Statutory Authority UCA 10-8-1 and Telecommunications Act of 1996 (Act) [P.L. No. 104-104]; adopted by Ordinance No. 20-98)
13-1-106 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.
(Statutory Authority UCA 10-8-1 and Telecommunications Act of 1996 (Act) [P.L. No. 104-104]; adopted by Ordinance No. 20-98)
13-1-107 Scope of Ordinance.
This Ordinance shall provide the basic local scheme for Providers of Telecommunications Services and Systems that require the use of the Rights-of-Way, including Providers of both the System and Service, those Providers of the System only, and those Providers who do not build the System but who only provide Services. This Ordinance shall apply to all future Providers and to all Providers in the City prior to the effective date of this Ordinance, whether operating with or without a Franchise as set forth in Subsection 13-12-102.
(Statutory Authority UCA 10-8-1 and Telecommunications Act of 1996 (Act) [P.L. No. 104-104]; adopted by Ordinance No. 20-98)
13-1-108 Cable TV.
This Ordinance shall not apply to cable television operators otherwise regulated by Title 7 Chapter 7 of the Springville City Code, Standards for Granting New or Renewed Franchises for Operation of Cable Television Systems (the “Cable Television Ordinance”).
(Statutory Authority UCA 10-8-1 and Telecommunications Act of 1996 (Act) [P.L. No. 104-104]; adopted by Ordinance No. 20-98)
13-1-109 Wireless Services.
This Ordinance shall not apply to Personal Wireless Service Facilities.
(Statutory Authority UCA 10-8-1 and Telecommunications Act of 1996 (Act) [P.L. No. 104-104]; adopted by Ordinance No. 20-98)
13-1-110 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.
(Statutory Authority UCA 10-8-1 and Telecommunications Act of 1996 (Act) [P.L. No. 104-104]; adopted by Ordinance No. 20-98)