Article 18, Section 5A of the Oklahoma Constitution reads as follows:
§ 5(a). Grant, extension or renewal - Approval by voters - Term.
No municipal corporation shall ever grant, extend, or renew a franchise, without the approval of a majority of the qualified electors residing within its corporate limits, who shall vote thereon at a general or special election; and the legislative body of any such corporation may submit any such matter for approval or disapproval to such electors at any general municipal election, or call a special election for such purpose at any time upon thirty days' notice; and no franchise shall be granted, extended, or renewed for a longer term than twenty-five years.
Federal law supersedes the Oklahoma Constitution. For Oklahoma telephone companies, Federal law specifies that they are regulated by the Oklahoma Corporation Commission (OCC), not local governments, so a franchise agreement is not required. Federal law requires cable television providers to receive their franchise agreements directly from local city councils, not a vote of the people.
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The rights-of-ways belong to the City of Tuttle. The City may use its rights-of-ways and easements for any lawful purpose, including the installation and operation of its own utility systems.
No. Any communications company can receive a franchise agreement. However, Oklahoma and Federal laws are different regarding how each type of communications company can receive a franchise to operate. Telephone companies regulated by the Oklahoma Corporation Commission do not need a franchise agreement.
