§ 5.5-15. Granting authority.

(a)

No person shall use or occupy the streets to construct, operate or maintain a telecommunications system over which telecommunications services or private telecommunications services are provided, or use or occupy the streets to provide facility services, without a franchise or revocable license granted in accordance with the provisions of this ordinance. The city intends to exercise its authority to franchise or license persons pursuant to this article to the maximum extent permitted by applicable law, including the 1996 Act.

(b)

A person shall not use or occupy the streets to operate a telecommunications system over which telecommunications services or private telecommunications services are provided without a franchise, except that such person may use or occupy specific streets without a franchise if the person obtains a revocable license in accordance with the terms of this ordinance. A revocable license is intended to be a limited grant of authority to use and occupy specifically identified streets and:

(1)

May be granted only if the use or occupation of such streets is for the sole purpose of providing private telecommunications services or facility services; or

(2)

Shall be granted to provide telecommunications services only if the use or occupation of such streets, together with the use or occupation of any streets pursuant to revocable licenses previously granted to such person and affiliated persons, shall not exceed five hundred (500) linear feet; or

(3)

Shall be granted only if the use or occupation of such streets is by a telecommunications system that is not used by the grantee or any other person to sell, resell or otherwise provide telecommunications services to any person in the city. In the event an application for a revocable license would cause a person to exceed or fail to comply with the limits specified in this section 5.5-2, then such person must apply for a franchise in accordance with the provisions of this ordinance, and the use of specifically identified streets pursuant to all previously granted revocable licenses shall thereafter be pursuant to and in accordance with any such franchise that may be granted.

(c)

The city council may grant one (1) or more franchises or revocable licenses in accordance with this section, provided that the city council reserves the right to modify any provision of this section by amendment hereof.

(d)

The grant of any franchise or revocable license shall be made by adoption of a separate ordinance by the city council and shall be on such terms and conditions as may be specified in said separate ordinance and/or a franchise or license agreement between the city and the grantee.

(e)

Any franchise or revocable license granted shall be nonexclusive, the city specifically reserves the right to grant, at any time, such additional franchises or revocable licenses as it deems appropriate, and/or itself engage in the provision of telecommunications services, private telecommunications services or facility services.

(f)

A franchise may be granted for all or any defined portion of the city. A revocable license may only be granted for use of specifically identified streets.

(g)

The grant of franchises and revocable licenses by the city to persons constructing, operating or maintaining a telecommunications system shall be subject to the provisions of applicable law, such as the provisions in the 1996 Act, as amended, governing telecommunications franchises and renewals thereof.

(Ord. No. 01-17, 1(Art. 2, § 2.1), 10-11-01)

State law reference

Territorial jurisdiction for local cable television franchises, O.C.G.A. §§ 36-18-3, 36-18-5; municipal authority to grant franchises for public utilities, O.C.G.A. § 36-34-2.