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ORDINANCE No. 2519 <br /> AN ORDINANCE OF THE CITY OF LAKE OSWEGO REPEALING ORDINANCE NO. <br /> 2515 AND GRANTING A NONEXCLUSIVE TELECOMMUNICATIONS SERVICES <br /> FRANCHISE TO NEWPATH NETWORKS, LLC <br /> WHEREAS, it is in the best interest of the City and its citizens to promote the offering of <br /> competitive telecommunications services, subject to the City's lawful authority to regulate the <br /> use of its rights of way; and <br /> WHEREAS, the City has jurisdiction and exercises regulatory management over all public rights <br /> of way within the City under authority of the City Charter and state law; and <br /> WHEREAS, NewPath Networks, LLC ("NewPath") has informed the City that it designs, <br /> installs and operates fiber optic-fed distributed antenna systems that extend existing wireless <br /> networks to improve wireless signal quality and coverage; and <br /> WHEREAS, NewPath has informed the City that its intended customers are the domestic <br /> wireless service providers, both PCS and Cellular; and <br /> WHEREAS, NewPath has informed the City that it provides a broadband transport system <br /> utilizing existing utility and telecommunication assets in the public right of way. NewPath's <br /> facilities will be a combination of fiber optic strand and cable, and antennas and radio frequency <br /> repeater units on existing utility poles in the right of way. The technology will allow multiple <br /> wireless service providers to use one antenna or antenna array; and <br /> WHEREAS, NewPath has stated its intent to use its antennas and other attached facilities in <br /> those areas where wireless signal strength is an issue; and <br /> WHEREAS, Ordinance No. 2515, adopted on June 17, 2008, but not yet effective, does not <br /> specifically limit placement of antennas and other attached facilities in areas where signal <br /> strength is an issue; and <br /> WHEREAS, the City Council finds that it is in the public interest to grant a franchise that <br /> authorizes antennas and attached facilities in the public right of way only in specified areas <br /> where such facilities are necessary to achieve acceptable wireless signal strength. <br /> NOW THEREFORE, <br /> THE CITY OF LAKE OSWEGO ORDAINS AS FOLLOWS: <br /> SECTION 1. Ordinance No. 2515 is hereby repealed. <br /> SECTION 2. Purpose. The purpose of this Franchise is to determine terms and conditions upon <br /> which NewPath Networks, LLC may be permitted to occupy the streets, highways or other public <br /> Ordinance No. 2519 <br /> Page 1 of 15 <br />