§ 32-213. Franchise requirement.

(a)

No entity shall provide, distribute, transport or sell a service within the city or shall install, construct, maintain, extend or operate facilities along, across, upon, under or within the right-of-way without a franchise authorizing the same, unless applicable federal or state law prohibits city enforcement of such requirement. This franchise requirement includes:

(1)

Entities with facilities within the city in order to provide, distribute, transport or sell service within the city;

(2)

Entities with facilities within the city's right-of-way in order to provide, distribute, transport or sell service outside, but not within the city; and

(3)

Entities without their own facilities within the city that lease or otherwise use the facilities of other entities in order to provide, distribute, transport or sell service within the city.

This requirement includes entities only possessing or having an interest in facilities in the right-of-way that are used by, may be used by or are intended for use by another entity, in whole or in part, to provide a service for or without a fee, regardless of whether the actual facility owner provides any services. Provided, however, this franchise requirement shall not include a reseller, or include a governmental entity that has entered into an agreement with the city pursuant to K.S.A. 12-2901 et seq. regarding the use and occupancy of the right-of-way.

(Ord. No. O-10-18 , § 1, 3-22-2018)