Article I. Declaration of Findings and Intent—Scope of Ordinance
5.54.010 Findings regarding right-of-way.
A. Midvale City finds that the right-of-way within the city:
1. Is critical to the travel and transport of persons and property in the business and social life of the city;
2. Is intended for public uses and must be managed and controlled consistent with that intent;
3. Can be partially occupied by the facilities of utilities and other public service entities delivering utility and public services rendered for profit to the enhancement of the health, welfare, and general economic well-being of the city and its citizens; and
4. Is a unique and physically limited resource requiring proper management to maximize the efficiency and to minimize the costs to the taxpayers of the foregoing uses and to minimize the inconvenience to and negative effects upon the public from such facilities construction, placement, relocation, and maintenance in the right-of-way.
B. Finding Regarding Compensation. The city finds the right to occupy portions of the right-of-way for limited times for the business of providing personal wireless services is a valuable use of a unique public resource that has been acquired and is maintained at great expense to the city and its taxpayers, and, therefore, the taxpayers of the city should receive fair and reasonable compensation for use of the right-of-way.
C. Finding Regarding Local Concern. The city finds that while wireless communication facilities are in part an extension of interstate commerce, their operations also involve right-of-way, municipal franchising, and vital business and community service, which are of local concern.
D. Finding Regarding Promotion of Wireless Communication Services. The city finds that it is in the best interests of its taxpayers and citizens to promote the rapid development of wireless communication services, on a nondiscriminatory basis, responsive to community and public interest, and to assure availability for municipal, educational and community services.
E. Findings Regarding Franchise Standards. The city finds that it is in the interests of the public to franchise and to establish standards for franchising providers in a manner that:
1. Fairly and reasonably compensates the city on a competitively neutral and nondiscriminatory basis as provided herein;
2. Encourages competition by establishing terms and conditions under which providers may use the right-of-way to serve the public;
3. Fully protects the public interests and the city from any harm that may flow from such commercial use of right-of-way;
4. Protects the police powers and right-of-way management authority of the city, in a manner consistent with federal and state law;
5. Otherwise protects the public interests in the development and use of the city’s infrastructure;
6. Protects the public’s investment in improvements in the right-of-way; and
7. Ensures that no barriers to entry of providers are created and that such franchising is accomplished in a manner that does not prohibit or have the effect of prohibiting personal wireless services, within the meaning of the Telecommunications Act of 1996 (“Act”) (P.L. No. 96-104).
F. Power to Manage Right-of-way. The city adopts the wireless communication services ordinance codified in this chapter pursuant to its power to manage the right-of-way, pursuant to common law, the Utah Constitution and statutory authority, and receive fair and reasonable compensation for the use of right-of-way by providers as expressly set forth by Section 253 of the Act. (Ord. 2018-10 § 1 (Exh. A (part)); Ord. 2018-01 § 1 (Exh. A (part)))