(a) With the exception of the City, each person who occupies or uses or seeks to occupy or use the rights-of-way within the City to operate a system located in the rights-of-way, or who has, or seeks to have, a system located in any rights-of-way, shall apply for and obtain a right-of-way permit pursuant to this chapter and conform to the requirements set forth therein and in this chapter.
(b) The following entities are required to participate in the right-of-way permit process, but shall be exempt from the financial obligations of the application fee and the occupancy fee: a county; cable operators for the purpose of providing only cable service and operating pursuant to a valid cable franchise; a video service provider for the purpose of providing only video service and operating pursuant to a valid video service authorization issued in accordance with ORC 1332.24; a small cell facility operator for the purpose of providing wireless service; and any entity which possesses an existing and valid non-terminable, non-amendable, or non-revocable written privilege or authority previously granted by the City for the use or occupancy of the right-of-way, whereby such exemption shall be limited to a specific term and limited conditions or obligations as previously granted. In addition, cable operators shall be exempt from any requirement of the right-of-way permit process that is in direct conflict with the requirements of, and/or specifically exempted by, a valid current and valid cable franchise with the city.
(c) Each right-of-way permit shall specify the use or uses for which such permit is granted and shall contain such other non-discriminatory terms and conditions as are appropriately specified by the City to provide for the public safety and welfare and as are set forth in the regulations. Any other or additional right-of-way use by such right-of-way permit holder shall require a separate or amended permit as determined by the City Service Director.
(d) Right-of-way permits granted hereunder may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease, merger, consolidation or other act of the right-of-way permit holder, by operation of law or otherwise, without the prior consent of the City, which consent shall not be unreasonably withheld or delayed. Unless otherwise provided in a permit, the permittee shall reimburse the City for all direct and indirect fees, costs, and expenses reasonably incurred by the City in considering a request to transfer or assign a permit. Any transfer or assignment of a permit without prior approval of the City or pursuant to a permit shall be void and is cause for revocation of the permit.
(e) A right-of-way permit shall not convey equitable or legal title in the rights-of-way and no property right of any nature shall be created by the granting of a permit under this chapter. A right-of-way permit is only the nonexclusive, limited right to occupy rights-of-way in the City, for the limited purposes and for the limited period stated in the right-of-way permit and in accordance with this chapter. The rights to occupy the right-of-way may not be subdivided or subleased; provided, however, that two or more providers may locate facilities in the same area of the rights-of-way so long as each such provider complies with the provisions of this article. A right-of-way permit does not excuse a provider from obtaining appropriate access or pole attachment agreements before co-locating its facilities on facilities of others, including the City's facilities. A right-of-way permit does not prevent a provider from leasing space in or on the provider's system, so long as the sharing of facilities does not cause a violation of law, including the provisions of this article. A right-of-way permit does not excuse a provider from complying with any provisions of the Code or other applicable law.
(f) No person shall use the rights-of-way to operate a system that has not been authorized by the City in accordance with the terms of this chapter and been issued a right-of-way permit. Further, no person shall place or have placed any facilities in, on, above, within, over, below, under, or through the rights-of-way, unless allowed under this chapter or having been issued a work permit.
(Ord. 77-99. Passed 1-11-2000; Ord. 43-19. Passed 1-26-21.)