CHAPTER 5
FRANCHISE APPLICATIONS

Sections:

13-5-101    Franchise Application.

13-5-102    Application Criteria.

13-5-103    Franchise Determination.

13-5-101 Franchise Application.

To obtain a Franchise to construct, own, maintain or provide Services through any System within the City, to obtain a renewal of a Franchise granted pursuant to this Ordinance, or to obtain the City approval of a transfer of a Franchise, as provided in Subsection 13-7-101A, granted pursuant to this Ordinance, an Application must be filed with City on the form attached to this Ordinance as Exhibit A, which is hereby incorporated by reference. The Application form may be changed by the Administrative Service Director so long as such changes request information that is consistent with this Ordinance. Such Application form, as amended, is incorporated by reference.

(Statutory Authority UCA 10-8-1 and Telecommunications Act of 1996 (Act) [P.L. No. 104-104]; adopted by Ordinance No. 20-98)

13-5-102 Application Criteria.

In making a determination as to an Application filed pursuant to this Ordinance, the City may, but shall not be limited to, request the following from the Provider:

(1)    A copy of the order from the PSC granting a Certificate of Convenience and Necessity.

(2)    Certification of the Provider’s financial ability to compensate the City for Provider’s intrusion, maintenance and use of the Rights-of-Way during the Franchise term proposed by the Provider;

(3)    Provider’s agreement to comply with the requirements of Section 6 of this Ordinance.

(4)    Prior to making any attachments to poles, the willingness to enter into a pole attachment agreement with the City.

(Statutory Authority UCA 10-8-1 and Telecommunications Act of 1996 (Act) [P.L. No. 104-104]; adopted by Ordinance No. 20-98)

13-5-103 Franchise Determination.

The City, in its discretion, shall determine the award of any Franchise on the basis of these and other considerations relevant to the use of the Rights-of-Way, without competitive bidding.

(Statutory Authority UCA 10-8-1 and Telecommunications Act of 1996 (Act) [P.L. No. 104-104]; adopted by Ordinance No. 20-98)