Baytown |
Code of Ordinances |
Chapter 21. CABLE, TELECOMMUNICATIONS, AND RIGHT-OF-WAY REGULATIONS |
Article IV. USE OF PUBLIC RIGHT-OF-WAY |
Division 1. IN GENERAL |
§ 21-156. Effect on other utilities and providers.
(a)
Gas and electric franchises. To the extent of a conflict between this article and a gas or electric franchise existing on the date of this article, the gas or electric franchise ordinance shall control.
(b)
Other utilities and telecommunications providers. Per V.T.C.A., Local Government Code § 284.252, the provisions of V.T.C.A., Local Government Code ch. 284 do not apply to the attachment of network nodes on poles or other structures owned by investor-owned electric utilities, electric cooperatives, telephone cooperatives, or telecommunications providers, and does not confer any new city authority over those utilities, cooperatives or providers.
(c)
Cable service or video service providers. Per V.T.C.A., Local Government Code § 284.253, approval for the installation, placement, maintenance or operation of a network node or transport facility does not authorize:
(1)
Cable services or video service to be provided without compliance with V.T.C.A., Utilities Code ch. 66; or
(2)
Information service as defined by 47 U.S.C. § 153(24) to be provided in the public right-of-way; or
(3)
Telecommunications service as defined by 47 U.S.C. § 153(53) to be provided in the public right-of-way.
(d)
Wireless service providers. A wireless service provider, or its affiliate, that holds a cable or video franchise under V.T.C.A., Utilities Code ch. 66, is not required to obtain additional authorization or to pay any fees based on the provider's provision of wireless service over its network nodes.
( Ord. No. 13,558 , § 3, 8-24-17)