1049.06 EXPEDITED APPEALS TO PUBLIC SERVICE COMMISSION.
   (a)   If a provider and the City cannot agree on the requirement of additional information requested by the City Manager in the application process or in the use of additional or different permit terms, either the City or the provider shall notify the MPSC which shall appoint a mediator within seven days from the date of the notice to make recommendations within 30 days from the date of the appointment for resolution of the dispute. If either party is not willing to comply with the mediator's recommendations, either party may, within 30 days of receipt of the recommendation, request the MPSC for a review and determination of the dispute. Except as otherwise permitted by the Act, the MPSC shall issue its denomination within 60 days from the date of request for review.
   (b)   If a provider and the City are unable to agree on arrangement for coordinating and minimizing the disruption of public rights-of-way, ensuring the efficient construction of facilities, restoring the public rights-of-way after construction or other activities by a provider, protecting the public health, safety and welfare and resolving disputes under the Metro Act, the MPSC shall appoint a mediator within seven days from the date of the notice to make recommendations within 30 days from the date of the appointment for resolution of the dispute. If either party is not willing to comply with the mediator's recommendations, either party may, within 30 days of receipt of the recommendation, request the MPSC for a review and determination of the dispute. Except as otherwise permitted by the Act, the MPSC shall issue its determination within 60 days from the date of request for review.
   (c)   Nothing in this chapter shall be deemed in any way to abrogate those provisions contained within the Metro Act for resolving disputes between the City and a provider.
(Ord. 15-02. Passed 10-15-02.)