Chapter 26.12
APPLICABILITY

Sections:

26.12.010    Applicability.

26.12.020    Franchise.

26.12.010 Applicability.

(1)    This title applies to all persons who desire to locate, or have located, telecommunication facilities in the city’s rights-of-way. Additionally:

(a)    Any person desiring to locate telecommunications facilities in the right-of-way may apply for a franchise pursuant to Section 26.12.020.

(b)    Any person, whether or not they have obtained a franchise, who desires to conduct work in the right-of-way shall apply for and receive a right-of-way work permit pursuant to Title 19.

(c)    Any person desiring to locate a small wireless facility or a macro facility anywhere in the city shall apply for and receive the applicable WSF permit pursuant to Chapter 117 KZC.

(d)    Any person who desires to attach a WSF, or any associated equipment, on city property, at a specific site in the right-of-way, or to any structure owned by the city shall include an application for a license agreement or right-of-way use permit as a component of its WSF permit application. Right-of-way use permits for the use of a specific city-owned pole or for a specific location inside the right-of-way shall be submitted to the director for approval. (Ord. 4891 § 1, 2024; Ord. 4853 § 2, 2023)

26.12.020 Franchise.

The city may grant any person, by ordinance, a nonexclusive franchise for use of the rights-of-way to install, construct, operate, maintain, remove, repair or replace facilities for the provision of telecommunications services to the public. The grant of a franchise shall be made pursuant to the procedures, terms, and conditions set forth in this title; provided, that the city may accept different terms when required by law. No provision of this title requires the granting of a new franchise if, in the opinion of the city council, the granting of an additional franchise is not in the public interest, unless otherwise required by law. (Ord. 4891 § 1, 2024; Ord. 4853 § 2, 2023)