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City legal staff outlines options to regulate broadband in Broken Arrow right‑of‑way; staff to research permitting and fee models
Summary
City legal and engineering staff reviewed the city's authority to regulate utilities in rights‑of‑way via permits, ordinances and franchise agreements, and recommended staff study permit fees, rental models and potential franchise approaches. Staff flagged a key legal distinction between 'information service' providers and 'telecommunications' providers and noted existing franchises for Cox and ONG.
Trevor, speaking on legal matters related to the Open Meeting Act and municipal authority, told council that the city can regulate its rights‑of‑way through ordinances requiring permits, occupancy fees and reporting. He noted two regulatory tools: (1) an expanded right‑of‑way ordinance and permitting process and (2) a franchise agreement authorized by the Oklahoma Constitution (Article 18 § 5(a)) that can collect franchise fees and set terms for use of the right‑of‑way.
Trevor and engineering…
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