17-63 O - Amending Article 13.08 of Chapter 13 in Code of Ordinances, by Establishing Regulations related to Network ProvidersTOWN OF PROSPER, TEXAS
ORDINANCE NO. 17-63
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING ARTICLE 13.08, "RIGHT-OF-WAY MANAGEMENT," OF
THE TOWN'S CODE OF ORDINANCES BY AMENDING THE DEFINITIONS
CONTAINED IN SECTION 13.08.002, "DEFINITIONS," AND ADDING TO SAID
ARTICLE A NEW DIVISION 7, "NETWORK PROVIDERS;" PROVIDING FOR
REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING A
PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, in accordance with Senate Bill 1004, adopted by the 85h Texas Legislature
and signed by the Governor, wireless infrastructure providers and wireless service providers
shall have access to public right-of-way to locate their facilities; and
WHEREAS, the Town Council has determined that the adoption of this Ordinance best
serves the general welfare of the Town and its residents by providing a regulatory base for the
providers of telecommunications services in the Town, subject to reasonable regulations, which
will preserve the public health, safety, and welfare, and will protect and enhance the Town's
environmental and aesthetic quality; and
WHEREAS, the Town Council has further determined that the amendments provided
herein will ensure the Town's Code of Ordinances, as applicable to the use of the Town's rights-
of-way by certified telecommunications providers and network providers, is consistent with state
law, as amended by Senate Bill 1004.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully
set forth herein.
SECTION 2
From and after the effective date of this Ordinance, existing Section 13.08.002,
"Definitions," of Article 13.08, "Right -of -Way Management," of the Town's Code of Ordinances is
hereby amended by adding the words and definitions to read as follows:
"Sec. 13.08.002 Definitions
Certificated Telecommunications Provider or "QTP". A person who has been issued a certificate
of convenience and necessity, certificate of operating authority, or service provider certificate of
operating authority by the Texas Public Utility Commission or "PUC" to offer local exchange
telephone service or a person who provides voice service as defined by V.T.C.A., Local
Government Code ch. 283 or "the Act."
Network node. Equipment at a fixed location that enables wireless communications between
user equipment and a communication network.
Network Provider. A wireless service provider, or a person that does not provide wireless
services and that is not an electric utility but builds or installs, on behalf of a wireless service
provider, network nodes or node support poles or any other structure that supports or is capable
of supporting a network node.
Transport Facility. Each transmission path physically within a public right-of-way, extending with
a physical line from a network node directly to the network, for the purpose of providing
backhaul for network nodes.
Wireless service. Any service using licensed or unlicensed wireless spectrum, including the use
of wi-fi, whether at a fixed location or mobile, provided to the public using a network node.
Wireless service provider. A person that provides wireless services to the public."
SECTION 3
From and after the effective date of this Ordinance, Article 13.08, "Right -of -Way
Management," of the Town's Code of Ordinances is hereby amended by adding thereto a new
Division 7, "Network Providers," to read as follows:
"Secs. 13.08.227-13.08.249 Reserved
Division 7. Network Providers
Sec. 13.08.250 Network provider's authority required/nonexclusive use
A network provider must provide evidence that the network provider has acquired all required
authorization pursuant to state law, prior to obtaining a permit to use public right-of-way. The
network provider's right to use and occupy the public right-of-way shall not be exclusive, and the
Town shall have the right to exercise its police powers and manage its public right-of-way,
based on the Texas Local Gov't Code Chapter 284, as amended, and all other state or federal
laws.
Sec. 13.08.251 Transfer and notice
A network provider shall notify the ROW manager of any sale, transfer, merger or assignment of
the ownership or control of a network provider's business within thirty (30) days of such sale,
transfer, merger or assignment. A network provider shall also maintain and provide current
point -of -contact information with the ROW manager at all times during which the network uses
the right-of-way.
Ordinance No. 17-63, Page 2
Sec. 13.08.252 Network Provider indemnity
A network provider shall indemnify the Town as specified by the Texas Local Government
Code, as may be amended.
Sec. 13.08.253 Compliance with Design Manual
A network provider shall comply with the Town's Design Manual, as amended, for the
Installation of Network Nodes and Node Support Poles, as amended by the ROW manager.
Sec. 13.08.254 Fees
The following fees shall apply to a network provider's use of the Town's right-of-way, as follows:
Small cell application fee: $500.00 (1-5 network nodes); $250.00 (each additional network
node); $1,000.00 per pole.
Small cell user fee: $250.00 annually for each network node; $20.00 per year for town pole
attachment.
Transport Facility monthly user fee: $28 multiplied by the number of the network provider's
network nodes located in the public right-of-way for which the installed transport facilities
provide backhaul, until the time the network provider's payment to the Town exceeds its monthly
aggregate per month compensation to the Town."
SECTION 4
The Town's Design Manual is attached hereto as Exhibit A and is incorporated by
reference. Amendments to the Design Manual may be initiated and approved by the Town
Manager or designee.
SECTION 5
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution for violation
of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for
any violation if occurring prior to the repeal of the ordinance. Any remaining portion of
conflicting ordinances shall remain in full force and effect.
SECTION 6
If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be unconstitutional or invalid by a court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Ordinance. The Town hereby
declares that it would have passed this Ordinance, and each section, subsection, clause or
phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses, and phrases be declared unconstitutional.
Ordinance No. 17-63, Page 3
SECTION 7
Any person, firm or corporation violating any of the provisions or terms of this Ordinance
shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by fine not to
exceed the sum of five hundred dollars ($500.00) for each offense.
SECTION 8
This Ordinance shall become effective and be in full force from and after its passage and
publication, as provided by the Revised Civil Statues of the State of Texas and the Home Rule
Charter of the Town of Prosper, Texas.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 22ND DAY OF AUGUST, 2017.
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ATTEST:
Robyn Battlgj Town Secretary
APPROVEDVAS TO FORM AND LEGALITY:
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Terrence S. Welch, Town Attorney
APPROVED:
Ray Smith, May r
Ordinance No. 17-63, Page 4