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(1) No operator may, without first applying for and receiving a license from the city, construct, place or locate any facility in, upon, beneath, over or across any public right-of-way or on other public property to:

(a) Construct a cable system or provide cable service;

(b) Construct a telecommunications facility or provide telecommunications service;

(c) Construct an open video system or provide services via an open video system; or

(d) Construct or operate a private communications system.

(2) An application for a license under this section shall be submitted pursuant to section 3.020, on a form provided by the city. The application shall be accompanied by any additional documents required by the application or in rules issued by the city manager pursuant to section 2.019 of this code.

(3) The fact that a particular communications facility may be used for multiple purposes does not obviate the need to obtain a license for other purposes. By way of illustration and not limitation, a cable operator of a cable system must obtain a license to construct, install or locate a cable system to provide cable services, and, should it intend to provide telecommunications services over the same facilities, must also obtain a separate license.

(4) So long as it registers with the city as required by section 3.405 and pays the registration and license fees required by section 3.415, a reseller may use another person’s facilities to engage in telecommunications activities in the right-of-way without obtaining a license, providing the reseller does not, either itself or through an affiliate, own or lease, control or manage any facilities in the right-of-way and is not involved in construction or repair of facilities in the right-of-way. For purposes of calculating the registration and license fees to be paid by a reseller, the amount of compensation paid by the reseller to the owner or manager of facilities in the right-of-way for the services it resells shall be deducted from the reseller’s gross revenues before applying the percentage rates described in section 3.415(1) and (2).

(5) So long as it registers with the city as required by section 3.405 and pays the annual registration fee required by section 3.415(1) as well as other applicable fees, an operator is not required to obtain a license under this section or pay an annual license fee under section 3.415(2) if the operator’s only use of the public right-of-way is to place wireless transmitting or receiving facilities above the ground on existing poles or similar structures in the right-of-way and the operator does not install or use lines, wires or cables.

(6) An operator holding an outstanding permit or franchise from the city for a communications facility to provide specified services, or for a private communications system, may continue to operate under its existing permit or franchise to the conclusion of its present term (but not for any renewal or extension thereof) with respect to those activities expressly authorized by the permit or franchise. Any such permittee or franchisee may elect to apply for a superseding license under sections 3.400 to 3.430 of this code, and must apply for a license under those sections if intending to provide services other than, or in addition to, the services authorized under its existing permit or franchise. All such permittees and franchisees shall register and pay registration fees as required by sections 3.405 and 3.415(1) and be subject to the provisions of sections 3.400 to 3.430 and 7.290 to 7.309 to the full extent permitted by law. Any permits or licenses that are revocable shall be automatically revoked as of July 1, 1997, and the permittee or licensee required to obtain a new license pursuant to the provisions of sections 3.400 to 3.430.

(7) A license granted pursuant to this section shall not convey equitable or legal title in the rights-of-way.

(8) The license may not be assigned or transferred without the prior written consent of the city.

(9) Neither the issuance of a license hereunder nor any provisions contained therein shall constitute a waiver or bar to the exercise of any governmental right or power, police power, or regulatory power of the city as may exist at the time the license is issued or thereafter obtained.

(Section 3.410 added by Ordinance No. 20083, enacted April 28, 1997.)