§ 23-28. Terms and conditions of franchise and revocable license.

The terms and conditions applicable to any franchise or revocable license granted pursuant to this chapter shall be set forth in the separate ordinance granting the franchise or revocable license or in a separate written agreement. Such separate ordinance or written agreement, among other things, may address the following subjects, to the extent not prohibited by law:

(1)

The term of the franchise or revocable license, provided, however, that the initial term of the revocable license shall not exceed five years and shall not be renewed for terms exceeding five years;

(2)

The franchise area under the franchise, or the streets that may be used pursuant to the revocable license;

(3)

The compensation to be paid to the city, which may include the payment of fees or the provision of facilities or services, or both;

(4)

The circumstances upon which the franchise or revocable license may be terminated or cancelled;

(5)

The mechanisms, such as performance bonds, security funds or letters of credit, to be put in place to ensure the performance of the grantee's obligations under the franchise or revocable license;

(6)

The city's right to inspect the facilities and records of the grantee;

(7)

Insurance and indemnification requirements applicable to the grantee;

(8)

The obligation of the grantee to maintain complete and accurate books of account and records, and the city's inspection rights with respect thereto;

(9)

Provisions to ensure quality workmanship and construction methods;

(10)

Provisions to ensure that the grantee will comply with all applicable city, state and federal laws, regulations, rules and policies;

(11)

Provisions to ensure adequate oversight of the grantee by the city;

(12)

Provisions to restrict the assignment or other transfer of the franchise or revocable license without the prior written consent of the city;

(13)

Remedies available to the city to protect the city's interest in the event of the grantee's failure to comply with terms and conditions of the franchise or revocable license;

(14)

Provisions to ensure that the grantee will obtain all necessary licenses and permits from, and comply with, all laws, regulations, rules and policies of any governmental body having jurisdiction over the grantee, including, but not limited to, the Federal Communications Commission;

(15)

Provisions to ensure that the grantee will protect the property of the city from damage or interruption of operations resulting from the construction, operation, maintenance, repair or removal of improvements related to the franchise or revocable license;

(16)

Provisions designed to minimize the extent to which the public use of the streets of the city are disrupted in connection with the construction of improvements relating to the franchise or revocable license; and

(17)

Such other provisions as the city determines are necessary or appropriate, to the extent not prohibited by law.

(18)

Due compensation for telephone companies with end user retail customers within the city shall be as follows:

a.

The city hereby requires due compensation of three percent of actual recurring local service revenues, as defined in paragraphs (8) and (9) of subsection (b) of O.C.G.A. § 46-5-1; provided, however, that any company which pays in excess of three percent of actual recurring local service revenues pursuant to an existing franchise agreement shall continue to pay in accordance with the agreement until the expiration of the franchise agreement or December 31, 2012, whichever occurs first, and any company which pays in excess of three percent of actual recurring local service revenues in accordance with an occupational license tax arrangement shall continue to pay in accordance with such payment schedule until December 31, 2012; or

b.

Regarding any telephone company that does not have retail, end user customers located within the city's municipal boundaries, the payment by such company to a municipal authority in accordance with the rates set by regulations promulgated by the department of transportation for the use of its rights of way shall be considered the payment of due compensation.

(19)

Authorized designee. The city manager, shall, on behalf of the city, exercise day-to-day administrative duties necessary to fulfill the regulatory authority of the city under O.C.G.A. § 46-5-1 et seq. and shall perform the following duties:

a.

Review application information submitted by a telephone company to the city and, if an application is incomplete, notify the telegraph or telephone company within 15 business days of the receipt of such application, identifying in such notice all application deficiencies;

b.

Report the receipt of a completed application to the council within 60 calendar days of the receipt of such completed application;

c.

Review payments of due compensation submitted by the company to ensure compliance with the provisions of the amended law and this ordinance;

d.

Provide a coordination function between a telephone company and all city departments on any matter relating to the amended law and this ordinance;

e.

Arrange and evaluate, no more than once a year, a comprehensive review of the records of a company which is reasonably related to the calculation and payment of due compensation; and

f.

Provide to all telegraph and telephone companies located in its rights of way written notice of annexations and changes in municipal corporate boundaries.

(Ord. No. 00-18, § I, 10-23-00; Ord. No. 14-2008, §§ 1, 2, 12-8-08)