Network facilities required to be authorized.
Houston Code of Ordinances § 40-334
in effectSec. 40-334. - Network facilities required to be authorized.
(a) It shall be unlawful for any telecommunications provider to lay, construct, operate, offer for lease or make available for any use whatsoever any network facilities across, along, over, above, or under any public way within the limits of the city for any private or commercial purpose unless the right to do so has been granted to the telecommunications provider by a network facilities franchise in accordance with this article.
(b) A telecommunications provider desiring a network facilities franchise shall make written application upon a form promulgated by the director on which shall be set forth a detailed description of existing or proposed network facilities, including the proposed number of linear feet and location thereof, the nature of the business or use to be transacted in the public way and such other information as may be required by the director, under the charter or any other city ordinance, sufficient to enable the director to determine the advisability of granting a network facilities franchise and to establish the applicant's capacity to meet its financial or other obligations thereunder.
(c) A network facilities franchise shall authorize the specific use that the telecommunications provider shall be permitted to make of the public way. No facility shall be located, operated or used in any public way in a manner not expressly stated in the network facilities franchise. No network facilities franchise shall be construed to grant access to city land owned in fee simple, other than the public way, unless specifically included therein. No telecommunications provider shall make any use of a public way or allow any other person to make use of its network facilities located in a public way, unless stated in the network facilities franchise. A telecommunications provider shall not permit any other person to locate, operate or use the provider's network facilities in the public way without proof that the person holds authorization for the contemplated location, operation, or use under any required network facilities franchise duly granted pursuant to this section by the city and that the person holds a permit for the construction issued in accordance with this article. Notwithstanding the foregoing, a network facilities franchise is not required for any person engaging solely in resale of a telecommunications provider's services or the provision of service by unbundled network elements obtained from a telecommunications provider, provided that the applicable network facilities franchise covers the network facilities involved and the person does not own or operate any network facilities in the public way.
(d) This article shall not apply to any telecommunications provider already specifically franchised by the city on the effective date of this ordinance; provided that upon the termination of such franchise, the telecommunications provider shall be subject to this article. Nothing in this article shall be construed to diminish the right or authority of the city to require any other user of the public way to secure appropriate city authorization for such use.
(Ord. No. 98-593, § 1, 7-22-98; Ord. No. 2010-831, § 2(Exh. A), 10-27-2010)
Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH40STSI_ARTXIVGRPRTEPRPLTEFAACALUNPUWA_S40-334NEFAREBEAUFetched: 10/26/2026