Sec. 29-181. - Certificated telecommunications providers authority required/non-exclusive use.

A CTP must provide evidence that the CTP has acquired authorization from the Texas Public Utility Commission pursuant to state law, prior to obtaining a permit to use public rights-of-way. The CTP's right to use and occupy the public rights-of-way shall not be exclusive and CTP recognizes the city's right to exercise its police powers and manage its public rights-of-way, based on the Act and all other State or Federal laws.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-182. - Additional authority required.

The CTP and any of its affiliates are not authorized to provide cable television service as a cable operator or to operate an open video system in the city, but must first obtain a separate franchise agreement from the city for that purpose, under such terms and conditions as may be required by law. This section does not preclude the CTP from providing its services to cable television companies. Unless a cable television operator shows proof of appropriate city authorization, nothing herein shall authorize the CTP to license, sublicense, lease, sublease or by any instrument authorize any cable television operator the right to use or utilize the transmission media or facilities of the CTP.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-183. - Transfer and notice.

A CTP shall notify the director and the city's supervisor of public utilities of any sale, transfer, merger or assignment of the ownership or control of a CTP's business within at least thirty (30) days of such sale, transfer, merger or assignment. A CTP shall also maintain and provide current point-of-contact information with the director and the city's supervisor of public utilities at all times during which the CTP uses the right-of-way.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-184. - Exemption from fees.

Certificated telecommunications providers are exempted from the following fees provided for in this article:

(1)

Permit application fee, including expedited application fee, and permit expiration fee.

(2)

Additional excavation permit fee.

(3)

Inspection fee.

(4)

Pavement degradation fee.

(5)

Division 8 fees.

(6)

Registration fee.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-185. - Waiver of bonds.

Unless determined otherwise by the director a CTP will be exempt from the bonding requirements of this article, including sections 29-175 and 29-176, however, in the event that the director determines, based upon reasonable grounds, that a bond is necessary to protect the public assets, or the health and safety of the public, then the director may require that a CTP post a reasonable bond not to exceed one hundred thousand dollars and zero cents ($100,000.00). The director shall consult with the city's risk manager prior to imposing a bond on a CTP. Factors to be considered in determining reasonable grounds may include, but not limited to, a conviction for violation of this article, a general pattern of sub-standard adherence to the provisions of this article or the failure to comply with this article. If three (3) years pass from the date that the director requires a bond of a CTP and it has not been necessary for the city to seek performance under the bond, then a bond will no longer be required pursuant to this section.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-186. - CTP indemnity.

A CTP shall indemnify the city as specified by § 283.057 of the Texas Local Government Code, as may be amended. A CTP shall be exempt from all indemnity requirements of this article that are inconsistent with § 283.057.

(Ord. No. 93319, § 1, 1-25-01)