AN ORDINANCE GRANTING TO SOUTHWESTERN BELL TELEPHONE COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCISE AND THE RIGHT TO CONSTRUCT, OPERATE, MAINTAIN AND EXTEND A TELECOMMUNICATIONS SYTEM IN THE CITY OF STOCKTON, KANSAS, PRESCRIBING THE TERMS OF SAID GRANT AND RELATING THERETO; AND REPEALING ORDINANCE 1396 AND ALL OTHER ORDINANCES AND RESOLUTIONS AND PARTS THEREOF INCONSISTENT OR IN CONFLICT WITH THE TERMS HEREOF.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF STOCKTON, KANSAS:

SECTION 1

DEFINITIONS

For purposes of this ordinance, the following works and phrases shall have the meanings given herein:

(a)   “Access Lines” shall mean the following billed main lines and trunks, whether provided on a retail or wholesale basis: residential lines; business lines; ISDN lines (channels); PBX trunks; Centrex or Centrex-like stations; simulated exchange access lines provided by a central office based switching arrangement where all stations served by such simulated exchange access lines are used by a single customer of the provider of such arrangement; where stations are served by simulated exchange access lines provided by a central office based switching arrangement and the stations serv3ed are not used by a single customer of the provider of such arrangement, each station shall constitute an access line; and pay phone lines. “Access Line” shall include wireless telecommunication services subject to 47 C.F.R. Part 24. “Access Line” shall not include the following: wireless telecommunication services subject to 47 C.F.R. Part 22; unbundled loop facilities; and special access services.

(b)   “City” shall mean the City of Stockton, Kansas.

(c)   “Cable Service” means the one way transmission to subscribers of video programming, or other programming service, and subscriber interaction, if any, which is required for selection and use of such video programming or other programming service. Cable service does not include point to point, point to multi-point, and switched video services that Telephone Company has historically offered or other similar services that Telephone Company may in the future offer.

(d)   “Facilities” shall mean telephone and telecommunication lines, conduits, fiber optic cables, wires, cables, pipes, poles, towers, vaults, and appliances, either under or above ground.

(e)   “Public Improvement” shall mean any existing or contemplated public facility, building, or capital improvement project, including without limitation streets, alleys, sidewalks, sewer, water, drainage, rights-of-way improvement, and public projects.

(f)   “Public project” shall mean any project planned or undertaken by the City or any governmental entity for construction, reconstruction, maintenance or repair of public facilities or improvements or any other purpose of a public nature.

(g)   “Rights-of-way” shall mean present and future streets, alleys, rights-of-way, and public easements, including easements dedicated in plats of the City of Stockton, Kansas.

(h)   “Street rights-of-way” shall mean the entire width between property lines of land, property or an interest therein of every way publicly maintained where any part thereof is open to the use of the public for purposes of vehicular traffic, including street, avenue, boulevard, highway, expressway, alley or any other public way for vehicular travel by whatever name.

(i)    “Telecommunications” – The transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received.

(j)    “Telecommunications Service” – The offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.

(k)   “Telephone Company” shall mean Southwestern Bell Telephone Company, its successors and assigns.

SECTION 2

GRANT

(a)   There is hereby granted to Telephone Company the right, privilege and franchise to construct, maintain, extend and operate it facilities, in through and along the rights-of-way for the purpose of supplying Telecommunications Services to the City and the inhabitants thereof for the full term of this franchise; subject, however, to the terms and conditions herein set forth.

(b)   This franchise does not provide the Telephone Company the right to provide “Cable Service” to City and inhabitants thereof. For purposes of this ordinance, “Cable Service” is defined as the one-way transmission to subscribers of video programming or other programming services, and subscriber interaction, if any, which is required for the selection of such video programming or other programming service; but “Cable Service” does not include point to point, point to multi-point, and switched video services that Telephone Company may in the future offer. Nothing in this franchise is intended to preclude the City from seeking, or authorize the City to seek, a franchise from any subsidiary, affiliate, or third party providing “Cable Services.” Telephone Company and City agree that nothing in this franchise is intended to authorize the City to seek from Telephone Company nor to require Telephone Company to obtain a franchise to offer “Open Video Systems” as that term is used in section 653 of the Telecommunications Act of 1996 (codified at 47 U.S.C. 573). Telephone Company and City further agree, however, that this ordinance does not authorize Telephone Company to offer “Open Video Systems” without paying the fee on the gross revenues of the system operator for the provision of cable service in lieu of a franchise fee, pursuant to and tin the manner described in 47 U.S.C. 573(c) (2) (b) and without complying with FCC regulations promulgated pursuant to 47 U.S.C. 573.

(3-16-1999)