(1) As used in this section:

(a) ‘Telecommunications carrier’ has the meaning given that term in ORS § 133.721.

(b) ‘Commission’ means the Public Utility Commission of Oregon.

(c) ‘Council’ means the common council, city council, commission or any other governing body of any municipality wherein the property of the telecommunications carrier is located.

(d) ‘Municipality’ means any town, municipality or other municipal government wherein property of the telecommunications carrier is located.

(e) ‘Service’ is used in its broadest and most inclusive sense and includes equipment and facilities.

(2) Every municipality may:

(a) Determine by contract, or prescribe by ordinance or otherwise, the terms and conditions, including payment of a privilege tax to the extent authorized by ORS § 221.515 and other charges and fees, upon which any telecommunications carrier may be permitted to occupy the streets, highways or other public property within such municipality and exclude or eject any telecommunications carrier therefrom.

(b) Require any telecommunications carrier, by ordinance or otherwise, to make such modifications, additions and extensions to its physical equipment, facilities or plant or service within such municipality as shall be reasonable or necessary in the interest of the public, and designate the location and nature of all additions and extensions, the time within which they must be completed and all conditions under which they must be constructed.

(c) Provide for a penalty for noncompliance with the provisions of any charter provision, ordinance or resolution adopted by the municipality in furtherance of the powers specified in this subsection. [1989 c.484 § 4; 1999 c.1093 § 9]