Permit contracts.

Gulfport Code of Ordinances § 5-314

in effect

Sec. 5-314. - Permit contracts. (1) Permit contract. Telecommunications providers are required by this article to contract with the city before being permitted to lay, construct, install, and/or operate and thereafter maintain fiber optics or other telecommunications cable, or any appurtenances or appendages, apparatuses, appliances or other facilities for the transmission or receipt of telephone, telegraph or other electronic messages, data or communications in, on, under, across or over city or public rights-of-way or property (as defined in section 5-313 above) in the City of Gulfport. All contracts shall contain certain uniform and nondiscriminatory provisions, and require approval by the governing authority. No contract shall be unreasonably refused by the governing authority of the city to any telecommunications provider certified by the Public Service Commission of the State of Mississippi, who is not in violation of any local ordinance, regulation, or contract, or of any federal or state laws or regulations and has made proper application for a permit contract. A telecommunications provider shall be permitted to install operate and maintain facilities in city or public rights-or-way or property (as defined in section 5-313 above) when it and the city have entered into and executed a permit contract, the "permit process fees" hereinafter provided by subsection 5-315(3), have been paid by the telecommunications provider to the city, and a right to access city or public rights-of-way or property has been approved as provided by section 5-316 hereof. (2) Video cable company exemption and requirements. This article does not apply to cable companies operating cable and equipment in city or public rights-of-way or property for commercial video programming, except that cable companies providing commercial video programming services shall be required to enter into a franchise with the City of Gulfport under similar terms, conditions and limitations set forth in Ordinance No. 2019 by and between the City of Gulfport and Post-Newsweek Cable TV and shall comply with any federal, state, or local laws or regulations legally applicable to such video cable service provider. No telecommunications provider shall utilize city or public rights-of-way or property to provide commercial video programming until it has in effect an approved video cable franchise with the City of Gulfport. (3) Government exemption. Any department or agency of the City of Gulfport, Harrison County, State of Mississippi or the federal government requiring cable installation to be used exclusively for law enforcement, emergency and public service communications and not for profit shall be exempt from entering into a permit contract under this article, provided that said government department or agency shall notify the city engineering department and public works director/coordinator of the work schedule and provide proposed "as built" plans therefor prior to commencing any work or excavation in, on, across, adjacent to, or over city or public rights-of-way or property in the City of Gulfport. (4) Form and effect of contract. The "telecommunications permit contract" (herein "permit contract") shall be in writing, shall conform to and incorporate by inclusion or reference all of the conditions and requirements of this article. No contract or permit given by the City of Gulfport under this article shall be interpreted to grant the telecommunications provider an "exclusive" franchise, permit, or final approval for access and use of city or public rights-of-way or property. If any condition, clause, paragraph, section, or word of this article, or of the permit contract given under this article is, or shall become legally unenforceable, the same shall be severed therefrom, and all remaining conditions, clauses, paragraphs, sections or words shall be and continue to be in full force and effect. In the event that any clause or condition of a permit contract given pursuant to this article shall be in conflict with this article, the provisions of this article shall prevail. Where not in conflict with this article and legally enforceable, the permit contract and this article shall be uniformly enforced. This article shall not limit the form of permit contract on a case by case basis from including formal terms and conditions, or additional, or amended terms and conditions covering special circumstances, or provisions added to protect the public interest, or to amplify or effectuate the intentions of this article so long as said terms and conditions are not in conflict with this article and are not designed to give competitive advantage or special privilege to a telecommunications provider. (5) Term of permit contract. The term of the permit contract shall be specified in the permit contract, and shall be for the term of ten (10) years, unless a shorter period is agreed to by the telecommunications provider and the City of Gulfport. (6) Renewal of permit contract. At anytime during the period of six (6) months prior to the expiration of the term of a valid permit contract, the telecommunications provider shall be entitled to renewal of its contract for a new term for the same period as provided in subsection (5) by application to the city council, which will be approved subject to the following conditions: (a) Any information in the contract that is no longer current shall be corrected and a new contract with the same or similar provisions shall be executed. (b) An application renewal fee according to standard charges then imposed not to exceed five hundred dollars ($500.00) shall be paid to the city. (c) The applicant for contract renewal shall not be in violation of any city ordinance, its existing permit contract, or any state or federal law or regulation pertinent to its use of city rights-of-way or property, and may be required to present proof of current certification by the Public Service Commission of Mississippi. (Ord. No. 2204, § II, 11-16-99)

Source: City of Gulfport, Mississippi, Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/ms/gulfport/codes/code_of_ordinances?nodeId=PTIICOOR_CH5LIBURE_ARTXIIITEPEOR_S5-314PECOFetched: 11/1/2026