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Broken Arrow council asks staff to study permitting, franchise and accountability options for broadband work in city rights-of-way
Summary
City attorney and staff outlined how the city can regulate broadband companies that work in public rights-of-way, distinguishing permitting authority from franchise authority and recommending a staff review of permitting fees, reporting and enforcement.
City Attorney Trevor (last name not specified in the record) presented a legal briefing on municipal authority to regulate use of public rights-of-way and how that authority applies to broadband and telecommunications companies working in Broken Arrow.
Trevor explained there are two primary tools: (1) city ordinances and permitting to control and require reporting for work in the right-of-way, and (2) constitutional franchise agreements governed by Oklahoma law (Article 18, Section 5(a) of the Oklahoma Constitution) in which a city may approve a nonexclusive franchise subject to voter approval and limits on contract length.
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