§ 2.43.020. Scope of chapter.

Except insofar as he, she or it may be entitled to do so by direct authority of the Constitution of California, or of the Constitution or laws of the United States, no person, firm or corporation shall exercise any privilege enumerated in this section unless he, she, or it shall have been granted an appropriate franchise therefor by the City of Oakland, namely:

(1)

Construct, maintain or operate a street, interurban, underground, or elevated steam or commercial railroad, or other system for transporting or conveying passengers or freight (including any appurtenances which are a part of the system) over a fixed route, along, upon, over, in, under or across any public place in the City of Oakland.

(2)

Construct, maintain or operate pipes, tubes or conduits along, upon, over, in, under or across any public place in the City of Oakland for the purpose of transmitting or distributing water, gas, steam, oil, air or other substance or utility.

(3)

Erect, construct, lay, maintain or operate poles, pipes, conduits, wires, cables, or appurtenances, upon, over, under, in, across or along any public place in the City of Oakland for the purpose of transmitting or distributing, power, heat, electricity or electric energy, or for communication by telephone, telegraph, or other system.

(4)

Construct, maintain or operate any other plants or systems necessary or convenient for furnishing the City and its inhabitants with transportation, communication, water, light, power or other public utility service, upon, over, in, across, or along any public place in the City of Oakland.

The term "public place" as used in this chapter shall be deemed to include any street, lane, alley, court or other public place in the City.

Nothing in this chapter shall be construed to require motor, contract or other carriers of freight or passengers not operating over a fixed route to obtain franchises for use of any public place of the City.

Nor shall anything in this chapter be construed to invalidate any lawful franchise heretofore granted, nor necessitate the obtaining of a new franchise for a use for which a franchise holder shall have a valid unexpired franchise.

Notwithstanding the above, this chapter shall not apply to (1) leases or licenses of City public space, including without limitation telecommunications leases and licenses (said leases and licenses are governed by Chapter 2.42), (2) state video service franchises (said franchises are governed by Chapter 5.17), or (3) any franchise in which the City's authority to grant or regulate the franchise is preempted by state or federal law.

(Ord. No. 13287, § 4, 1-6-2015)