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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
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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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for the city at no charge. <br />(3) The work to be performed by an operator shall be publicized as the <br />city may from time to time direct. <br />(4) Each licensee shall provide the city a plan for any initial system <br />construction, or for any substantial rebuild, upgrade or extension of its facility, which shall <br />show its timetable for construction of each phase of the project, and the areas of the city <br />that will be affected. <br />(5) A communications facility operator shall not deny service, deny <br />access, or otherwise discriminate against subscribers, programmers, suppliers, vendors, <br />or residents of the city on the basis of race, color, creed, national origin, sex, age, <br />conditions of physical handicap, religion, ethnic background, marital status, or sexual <br />orientation. <br />(6) A communications facility operator shall not discriminate among <br />persons or the city or take any retaliatory action against a person or the city because of <br />that entity's exercise of any right it may have under federal, state, or local law, nor may the <br />operator require a person or the city to waive such rights as a condition of taking service. <br />3.425 Telecommunications -Removal of Facilities: Termination of Use of Right-of- <br />Wav. <br />(1) Every licensee that ceases to operate a communications facility <br />located within the city shall, upon written request of the city made within two years of the <br />cessation of operation of such facility, promptly remove the facility, or any part thereof, and <br />restore the property and right-of--way to the condition prior to installation. If the licensee <br />neglects, refuses, or fails to remove the facility or part thereof, or to restore the property, <br />the city may remove or restore it at the expense of the licensee. The obligation to remove <br />shall survive the termination of the license. The city may require a licensee, prior to <br />installation of a facility, to post a bond in an amount sufficient to cover the cost of removal <br />of the facility and restoration of the property and right-of-way. <br />(2) If a licensee violates any provision of sections 3.400, 3.405, 3.410, <br />3.415, 3.420 or administrative rules adopted pursuant to section 3.430 and fails to remedy <br />the violation within ten days of receiving notice of the violation, the city manager may <br />terminate the licensee's use of the right-of-way. <br />3.430 Telecommunications -Administrative Rules. The city manager shall adopt <br />administrative rules pursuant to section 2.019 of this code, in order to <br />implement the provisions of sections 3.400 - 3.430. Such rules may include, but are not <br />limited to: <br />(a) The information required to be provided in an application for <br />registration and for a license, including a description of the services to be <br />provided and the location and design of the proposed facility; <br />(b) Criteria for determining whether the applicant for a license is <br />Ordinance - 9 <br />
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