8.04.010 Franchise required for use of the public right-of-way.
The City owns and maintains all public rights-of-way within the City for the benefit of the public. Any utility, as defined herein, or provider of a utility service, including solid waste collection, transportation or disposal, shall obtain from the City a franchise for the privilege of using the public right-of-way for utility purposes. No utility shall use the public right-of-way or place its facilities in the public right-of-way without first obtaining a franchise from the City. For purposes of this Chapter, the following definitions shall apply:
1. “City” means the City of Hood River, Oregon and all areas within its corporate boundaries as may be modified or expanded in the future.
2. “Council” means the Hood River City Council.
3. “Facilities” includes all wires, cables, fiber optic lines, poles, antennas, transmitters, receivers, switches or other equipment located on, over, or under the public right-of-way within the city.
4. “Gross revenue” means revenues received or derived by a utility from operations within the city less net uncollectibles. Gross revenues of gas and electric utilities shall include revenues from the user, rental or lease of water heating equipment. Gross revenues shall not include proceeds from the sale of bonds, mortgages or other evidence of indebtedness, securities or stocks, sales at wholesale by one public utility to another when the utility purchasing the service is not the ultimate consumer, revenue from joint pole use, or revenue paid directly by the United State of America or any of its agencies. Gross revenues of telephone utilities means revenues derived from exchange access services as defined in ORS 401.710 less net uncollectibles and revenue paid directly by the Unit State of America or any of its agencies.
5. “Right-of-way” includes all streets, alleys, avenues, roads, boulevards and highways within the city that are owned by, or dedicated to, a governmental entity for public use, whether in fee by deed, easement, plat or any instrument of public dedication.
6. “Utility” includes every public utility as defined in ORS 757.005 as amended, any corporation, person or other entity providing cable television, video programming, telephone or telecommunication services over wires in the city. Utility also includes any business that installs, maintains or uses any facility in, under or over the public rights-of-way, regardless of whether the entity derives any gross revenues from, or has any customers in, the city. This chapter also applies to any service provider that uses the rights-of-way to provide regularly scheduled collection, transport or disposal of solid waste, recyclable materials, yard debris or organics from properties in the City. With regard to these activities related to solid waste, the definitions set forth in ORS 459.005 and OAR 340-90-010 are adopted and incorporated herein by this reference. For purposes of this chapter, all entities that are subject to this chapter shall be referred to as a “utility.”