§ 78-143. General terms.

(a)

Permit rights apply to permit holder only. The rights granted by this chapter inure to the benefit of the permit holder only. The rights granted by permit may not be assigned, transferred, or sold to another. For the purposes of this section, assignment, transfer or sale means a change of operating control of the permit holder, expressly excepting an assignment or transfer to entities that control, are controlled by, or are under common control with the permit holder.

(b)

Not exclusive. No rights agreed to in this chapter by the city shall be exclusive and the city reserves the right to grant franchises, licenses, easements or permissions to use the rights-of-way within the city to any person as the city, in its sole discretion, may determine to be in the public interest.

(c)

Deed restrictions. A provider installing facilities in a public right-of-way shall comply with private deed restrictions and other private restrictions in the area.

(d)

Cable service not authorized by permit. A permit holder is not authorized to provide cable service as a cable operator in the city under this chapter, but must first obtain a franchise agreement from the city for that purpose, under such terms and conditions as may be required by law. A permit for the installation, placement, maintenance, or operation of a network node or transport facility under this chapter shall not confer authorization to provide cable service or video service, as defined by V.T.C.A., Utilities Code § 66.002, or information service as defined by 47 U.S.C. Section 153(24), or wireless service as defined by 47 U.S.C. Section 153(53), in the public right-of-way.

(e)

Interference not permitted; notice and time for correction of interference. A wireless network provider shall ensure that the operation of a network node does not cause any harmful radio frequency interference to a Federal Communications Commission-authorized mobile wireless operation of the city operating at the time the network node was initially installed or constructed. On written notice, a wireless network provider shall take all steps reasonably necessary to remedy any harmful interference. If a wireless network provider fails to correct any harmful interference within 60 days of written notice, the city may upon 14-day advance written notice revoke any and all permits and registrations for the network node.

(f)

Permit limited. A permit provided under this chapter does not provide authorization for attachment of network nodes on poles and other structures owned or operated by investor-owned electric utilities, as defined by V.T.C.A., Utilities Code § 31.002, electric cooperatives, telephone cooperatives, as defined by V.T.C.A., Utilities Code § 162.003, or wireless providers, as defined by V.T.C.A., Utilities Code § 51.002.

(g)

Other requirements. The city may impose additional requirements on the activities of providers in the public right-of-way to the extent that the regulations are reasonably necessary to protect the health, safety, and welfare of the public.

( Ord. No. 1093 , §§ I, II, 8-16-2017)