Access to public right-of-way.
El Paso City Code § 15.10.040
in effect15.10.040 - Access to public right-of-way.
A. Subject to the provisions of this chapter, city will issue permits to providers authorizing providers to install and maintain wireless facilities and transport facilities in or on public right-of-way in accordance with Chapter 284. The locations at which provider's wireless facilities and transport facilities may be permitted, and the size and appearance of such wireless facilities, shall be determined in accordance with this chapter. Providers must also obtain an excavation permit in accordance with Chapter 13.08, City Code of Ordinances, if the installation of wireless facilities, transport facilities, or ground equipment involves excavation of the public right-of-way. If the requested location is to collocate a network node on a service pole, provider must also, prior to making application for such location, enter into a license agreement with the city for such collocation.
B. City will issue a permit(s) to provider only when city reasonably determines, in its sole judgment, that (i) provider meets all requirements set forth in this chapter, and (ii) such permit(s) comply with all applicable codes.
C. No use, however lengthy, of any public right-of-way, and no payment of any fees or charges required under this chapter, shall create or vest in provider any easement or other ownership or property right of any nature in any portion of the public right-of-way. After issuance of any permit, provider shall be and remain a mere licensee. Neither this chapter, nor any permit granted under this chapter, shall constitute an assignment of any of city's rights to the public right-of-way.
D. No part of provider's wireless facilities or transport facilities or other equipment constructed, modified, or erected, or placed on public right-of-way will become, or be considered by the city as being affixed to or a part of, the public right-of-way. All portions of provider's wireless facilities and transport facilities and other equipment constructed, modified, erected, or placed by provider on public right-of-way will be and remain the property of provider and may be removed by provider at any time.
E. Nothing in this chapter or in a permit granted hereunder shall be construed as granting provider any right to attach provider's wireless facilities or transport facilities at any specific location or facility or to compel city to grant provider the right to attach at any specific location or facility.
F. Subject to the provisions in Articles VI through VIII, this chapter does not in any way limit city's right to locate, operate, maintain or remove service poles or other city equipment or property in the manner that the city deems appropriate.
G. Provider is obligated to obtain all necessary certification, permitting, and franchising from federal, state and local authorities prior to making any installations of wireless facilities or transport facilities.
H. Subject to the provisions in Articles VI through VIII, nothing in this chapter shall be construed to require city to install, retain, extend, or maintain any service poles or other city equipment or property for use by the provider when such service poles or other city equipment or property are not needed for city's own requirements.
I. Subject to the provisions in Articles VI through VIII, nothing in this chapter shall limit, restrict, or prohibit city from fulfilling any agreement or arrangement regarding a service pole or other city equipment or property into which city has previously entered, or may enter in the future, with other entities, including, but not limited to, agreements or arrangements for the removal of wireless facilities.
J. Nothing in this chapter or in any permit granted hereunder shall be construed to grant provider the authority to lease, grant, or otherwise assign any rights under its permit to any other party without the written consent of the city.
K. In the event the city determines to deny the use by provider of any particular service poles or other city equipment or property or any particular location in the public right-of-way, such denial shall not be construed to be a prohibition on, or to have the effect of prohibiting, the provision of wireless services. Any such denial by the city shall be undertaken in its capacity as proprietor of the public right-of-way, and not in its regulatory capacity.
L. Any permit granted under this chapter is limited to the uses specifically authorized in the permit and any other use shall be considered a material breach of this chapter. Nothing in this chapter or in any permit granted hereunder shall be construed to require city to allow provider to use the public right-of-way after the termination of the applicable permit.
(Ord. No. 18717, § 1, 8-22-2017)
Source: City of El Paso, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/el_paso/codes/code_of_ordinances?nodeId=TIT15PUSE_CH15.10DENENORI-W_ARTIIAPPE_15.10.040ACPURI-WFetched: 10/28/2026