(A) Application required. Any Person who proposes to be a Provider shall submit an application to the Director of Public Works. The application, in a form prescribed by the Director, shall describe all services Applicant wishes to provide, Applicant's proposed Network, and its impact on the Public Rights-of-Way and contain such other information as the Director may lawfully specify or require.
(B) City Council action. All Municipal Authorities granted under this Chapter shall incorporate each applicable provision of this Chapter. The act of granting, amending, denying, or terminating Municipal Authorities is a legislative function within the sound discretion of the City Council. Any Person who is denied a Municipal Authority or whose Municipal Authority is terminated must petition the City Council for reconsideration before seeking judicial remedies. The City Council shall have 30 days from the date of the petition to reconsider such denial or termination.
(C) Authority of Director. The Director shall have the duty to review applications submitted under this Chapter. The Director shall negotiate the terms of Municipal Authorities (to the extent not prescribed in this Chapter) for adoption by the City Council. The Director shall administrate and enforce compliance with respect to all Municipal Authorities granted under this Chapter.
(D) Authority granted. A Municipal Authority granted under this Chapter shall authorize an Applicant to use Public Rights-of-Way to provide Telecommunications Service. Any Person proposing to provide cable service, as defined in 47 USC § 522(b), shall obtain a separate franchise from the City for the provision of cable service.
(E) Annual list of wholesale services. Within six months after the effective date of a Municipal Authority and annually thereafter on each January 15, each Provider shall submit to the City a list of all Persons to which a Provider sells any Telecommunications Service on a wholesale basis. If a Provider believes that any Person on such list falls within the meaning of § 13-4-10-2(L) of this ordinance and has not been granted a Municipal Authority pursuant to the terms of this ordinance, the Provider shall identify that Person and shall submit a written explanation of the reasons that the Provider believes such Person falls within § 13-4-10-2(L).
(Ord. 20-1997)