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Ordinance No. 20083
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Ordinance No. 20083
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Last modified
6/10/2010 3:48:59 PM
Creation date
1/12/2009 1:06:54 PM
Metadata
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Council Ordinances
CMO_Document_Number
20083
Document_Title
Ordinance concerning telecommunications; adding 3.400, 3.405, 3.410, 3.415, 3.420, 3.425, & 3.430 to EC, 1971; amending 3.005, 7.290, 7.295, 7.297, 7.299, 7.300, & 7.302 of EC; and declaring an emergency.
Adopted_Date
4/28/1997
Approved Date
4/28/1997
CMO_Effective_Date
4/28/1997
Signer
James D. Torrey
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of this code and the rules adopted by the city manager pursuant to section <br />2.019 of this code are intended to authorize and regulate telecommunication activities in <br />the city to the extent permitted under laws of the United States and the State of Oregon. <br />Except as these sections specifically provide to the contrary, the procedures and <br />requirements of sections 3.015 to 3.075 of this code apply to the activities authorized by <br />sections 3.400 to 3.430. <br />3.405 Telecommunications Activities -Registration Required. <br />(1) No person may, without first registering with the city and then paying <br />the fee required by section 3.415(1), engage in any telecommunications .activity through <br />a communications facility located in the city. <br />(2) Registration under this section shall be submitted pursuant to section <br />3.020, on a form provided by the city. The registration shall be accompanied by any <br />additional documents required therein or in rules issued by the city manager pursuant to <br />section 2.019 of this code. <br />3.410 Telecommunications -License Reauired. <br />(1) No operator may, without first applying for and receiving a license from <br />the city, construct, place or locate any facility in, upon, beneath, over or across any public <br />right-of-way or on other public property to: <br />(a) Construct a cable system or provide cable service; <br />(b) Construct a telecommunications facility or provide <br />telecommunications service; <br />(c) Construct an open video system or provide services via an <br />open video system; or <br />(d) Construct or operate a private communications system. <br />(2) An application for a license under this section shall be submitted <br />pursuant to section 3.020, on a form provided by the city. The application shall be <br />accompanied by any additional documents required by the application or in-rules issued <br />by the city manager pursuant to section 2.019 of this code. <br />(3) The fact that a particular communications facility may be used for <br />multiple purposes does not obviate the need to obtain a license for other purposes. By <br />way of illustration and not limitation, a cable operator of a cable system must obtain a <br />license to construct, install or locate a cable system to provide cable services, and, should <br />it intend to provide telecommunications services over the same facilities, must also obtain <br />a separate license. <br />(4) So long as it registers with the city as required by section 3.405 and <br />pays the registration and license fees required by section 3.415, a reseller may use <br />another person's facilities to engage in telecommunications activities in the right-of--way <br />without obtaining a license, providing the reseller does not, either itself or through an <br />affiliate, own or lease, control or manage any facilities in the right-of--way and is not <br />Ordinance - 4 <br />
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