Application of other laws.

Memphis Code of Ordinances § 6-28-4

in effect

Sec. 6-28-4. - Application of other laws. A. Construction. 1. Grantee shall have no authority to locate or construct any part of its system in the public rights-of-way under this chapter; provided, however, grantee shall be permitted to connect its system to existing systems operated and maintained telecommunication franchisees of the city (other than resellers), who have been granted the nonexclusive privilege to occupy or use the streets and/or public rights-of-way for the construction, operation and maintenance of a fiber optic and/or other telecommunications systems. Grantee shall also be allowed to perform limited construction in the streets and/or public rights-of-way, which is incidental to its connection to existing telecommunication systems. 2. Issuance of a permit by any agency of the city as to the construction and installation of any portion of grantee's system does not waive other applicable requirements of federal or state law, and grantee shall comply with such other legal requirements. B. Subject to police power. 1. The construction, expansion, reconstruction, excavation, use, maintenance and operation of any system shall be subject to all lawful police regulations of the city and performed in accordance with all ordinances, laws, resolutions and regulations of the city for utility location and excavation in public rights-of-way presently in effect or hereafter adopted. 2. Nothing in this chapter shall be construed as preventing the city, whenever it shall be empowered by applicable state and federal law to do so, from fixing or regulating the rates, rentals, charges, services, facilities and equipment of grantee or from exercising general supervision and regulation of, jurisdiction and control over a telecommunication franchise, the grantee, and its property, property rights, facilities and franchises located within the city. It being the intention of this chapter, that the city in no way surrenders such general powers it may now have, or may hereafter have or acquire. C. Other licenses and permits. A reseller or prospective reseller all have the sole responsibility for diligently obtaining, at its own cost and expense, all permits, licenses or other forms of approval or authorization necessary to operate, maintain or repair the system and to provide resale telecommunications services. (Code 1985, § 10-139; Ord. No. 4398, § 4, 11-19-1996)

Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/code_of_ordinances?nodeId=TIT6BULIRE_CH6-28FIOPTEREFR_S6-28-4APOTLAFetched: 10/28/2026