14.30.100 Conditions.
The following conditions apply to each license or franchise granted hereunder.
A. Area and Location. As part of the construction permitting process for specific routes requested within each license or telecommunications or cable franchise, a determination will be made whether sufficient capacity is available in the rights-of-way. Alternate routes or locations for the proposed facilities may be considered if feasible.
B. License Route. A license granted hereunder shall be limited to a grant of specific rights-of-way and defined portions thereof, as may be indicated in the license agreement.
C. Franchise Territory. A telecommunications or cable franchise granted hereunder shall encompass all territory within the corporate limits.
D. Facilities Maps. Upon request by the Mayor or the Mayor’s designee, the Grantee shall provide the City with maps in a format agreed to by the Grantee and the City, identifying the location of all Telecommunications and Cable Facilities within the rights-of-way except individual Service Connections.
E. Leased Capacity. A grantee shall have the right to offer or provide excess conduit capacity to another Telecommunications or Cable Provider with prior City notification, provided that:
1. Grantee shall furnish the City sixty (60) days advance written notice of any such proposed lease or agreement;
2. The proposed lessee shall comply with all of the requirements of this Chapter prior to providing Telecommunications or Cable Service.
F. Consistency within class. All licenses and telecommunications and cable franchises granted pursuant to this Chapter shall contain substantially similar terms which, taken as a whole and considering relevant characteristics of applicants, are substantially consistent with those required of other licensees and telecommunications and cable franchisees.
G. Limitations.
1. No grant shall convey any right, title or interest in rights-of-way but shall be deemed a license or franchise only to use and occupy the rights-of-way for the limited purposes and term stated in the grant.
2. No grant shall authorize or excuse a licensee or franchisee from securing such further easements, leases, permits, or other approvals as may be required to lawfully occupy and use rights-of-way.
3. No grant shall expressly or implicitly authorize a licensee or franchisee to provide service to, or install a system on private property without owner consent, or to use publicly or privately owned poles, ducts, or conduits without a separate agreement with the owners and to the extent provided by law.
4. No grant shall confer any exclusive right, privilege or license to occupy or use the rights-of-way for delivery of Telecommunications or Cable Services or for any other purposes.
5. Nothing herein shall be deemed or construed to impair or affect, in any way or to any extent, the City's power of eminent domain.
H. Term. Unless otherwise specified in a license, telecommunications franchise or cable franchise agreement, the term shall be for no more than ten (10) years.