Right-of-Way Franchise Agreements

Governments that manage public rights-of-way (ROWs) are obligated to require compensation for the private use of public resources. The City of Florence requires franchise agreements for companies to occupy the public ROWs. This includes the placement of infrastructure in the public rights-of-way for the operation of service delivery. 

Franchise agreements must be obtained by entities providing services to City residents and those who only pass through the City. The use of the public rights-of-way is regulated by Florence City Code Title 8: Public Ways and Property, as well as any applicable Federal and State laws and City ordinances and resolutions. 

Franchise fees within the City of Florence are calculated at a percentage of gross revenues derived within the City limits to those providers that serve City residence and at a linear foot rate for those providers that do not serve City residents. 

Communications Providers

Communications Providers seeking to place infrastructure in the public right-of-way must adhere to Florence City Code Title 8, Chapter 7: Right-of-Way Management (established by Ordinance No. 5, Series 2017), which establishes the process for managing the right-of-way (ROW) for use by Communications Providers. 

• FCC Title 8, Chapter 7 outlines the franchise application process and requirements to obtain a franchise agreement for Communications Providers. Regulations in Title 8, Chapter 7 are effective April 19, 2017.
• Resolution No. 5, Series 2017 outlines the fees for Communications Providers that provide services to City Residents. Fees for Communications Providers, including cable and internet, have been established at 5% of gross revenues received from services provided within the City limits. 
• Ordinance No. 14, Series 2007 outlines the use of the ROW and fees for that use by back haul providers where services are not being provided to City residents. The fee for back haul providers is established at $1.00 per lineal foot of public ROW or public property occupied or traversed by the facility. 

Current Communications Providers include:

• Charter Communications (Resolution 5, Series 2018)
• Quest (Century Link) Telecommunications (Ordinance 11, Series 1991; Ordinance 4, Series 2007)
• Oregon Fast Telecommunications (Ordinance 2, Series 2009)
• Wave Broadband (Coastcom, Inc.) Telecommunications (Resolution 8, Series 2019)
• Siuslaw Broadband dba Hyak (Ordinance 7, Series 2017)

Current Backhaul Providers include:

• Alaska Communications Systems
• Zayo Group (Pending Installation)

Right-of-Way Permits

Franchisee holders requesting to perform work in the ROW must follow the requirements for excavation in the public ROW. The process for performing work in the ROW is administered through the City's Public Works Department. General information and process answers can be found here. 

Utility Provider Franchises

The City administers franchise agreements with local, non-City utility providers. Currently the City has franchise agreements with Central Lincoln PUD for electric utility services and Heceta Water PUD for water utility services in the northern City limits.

The City also charges internal utility departments for in-lieu of franchise fees. Those City utilities include Water and Wastewater.