Title 13 - Streets and Sidewalks

13.55.103 Agreement Requirements.

1. 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 an Agreement authorizing the same, unless applicable federal or state law prohibits City enforcement of such requirement. This requirement includes:

   1. 1.
      Entities with Facilities within the City in order to provide, distribute, transport or sell Service within the City;
   2. 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. 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 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.
       
2. B.
   A Franchisee shall pay a Franchise Fee consistent with and pursuant to the requirements of K.S.A. 12-2001 et seq. or as otherwise allowed by law under the City's Home Rule authority.
3. C.
   A Licensee accessing the Right-of-way shall pay a Right-of-way Access Fee for each of the Licensee's wireless Facilities that requires use of the Right-of-way, including those located in: 

   1. 1.
      An existing structure in the Right-of-way (e.g. an existing utility pole, or a city streetlight); and
   2. 2.
      A new non-city owned structure in the Right-of-way (e.g. a new small cell monopole). Such Licensee that installs a new monopole structure in the Right-of-way shall also pay a New Monopole Fee as part of their Right-of-way Access Fee. 
      ​​​​​​​The amount of the Right-of-way Access Fee and New Monopole Fee shall be the amounts established by resolution.  
4. D.
   A Licensee locating its Facilities on the Facilities owned by the City shall pay to the City an attachment fee in an amount established by resolution. 
   
   ​​​​​​​(History: Ord. No. TF-3276 §3, 2019; Ord. TF-3155 §1, 2017)

Effective on: 1/1/1901