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(A) Approval or denial. The authority to approve or deny an application for a permit is hereby delegated to the Mayor. Pursuant to § 15(3) of the Act, the Mayor shall approve or deny an application for a permit within 45 days from the date a telecommunications provider files an application for a permit under § 90.004(B) of this code for access to a public right-of-way within the city. Pursuant to § 6(6) of the Act, the Mayor shall notify the MPSC when the Mayor has granted or denied a permit, including information regarding the date on which the application was filed and the date on which the permit was granted or denied. The Mayor shall not unreasonably deny an application for a permit.
(B) Form of permit. If an application for permit is approved, the Mayor shall issue the permit in the form approved by the MPSC, with or without additional or different permit terms, in accordance with §§ 6(1), 6(2), and 15 of the Act.
(C) Conditions. Pursuant to § 15(4) of the Act, the Mayor may impose conditions on the issuance of a permit, which conditions shall be limited to the telecommunications provider’s access and usage of the public right-of-way.
(D) Bond requirement. Pursuant to § 15(3) of the Act, and without limitation on subsection (C) above, the Mayor may require that a bond be posted by the telecommunications provider as a condition of the permit. If a bond is required, it shall not exceed the reasonable cost to ensure that the public right- of-way is returned to its original condition during and after the telecommunications provider’s access and use.
A telecommunications provider shall not commence construction upon, over, across, or under the public rights-of-way in the city without first obtaining a construction or engineering permit as required under § 90.004 of this code, as amended, for construction within the public rights-of-way. No fee shall be charged for such a construction or engineering permit.
Pursuant to § 6(7) of the Act, a telecommunications provider shall, within 90 days after the substantial completion of construction of new telecommunications facilities in the city, submit route maps showing the location of the telecommunications facilities to both the MPSC and to the city. The route maps should be in [paper or electronic] format unless and until the Commission determines otherwise, in accordance with § 6(8) of the Act.
Pursuant to § 15(5) of the Act, a telecommunications provider undertaking an excavation or construction or installing telecommunications facilities within a public right-of-way or temporarily obstructing a public right-of-way in the city, as authorized by a permit, shall promptly repair all damage done to the street surface and all installations under, over, below, or within the public right-of-way and shall promptly restore the public right-of-way to its preexisting condition.
In addition to the nonrefundable application fee paid to the city set forth in § 90.004(D) above, a telecommunications provider with telecommunications facilities in the city’s public rights-of-way shall pay an annual maintenance fee to the Authority pursuant to § 8 of the Act.
(A) Modification of existing fees. In compliance with the requirements of § 13(1) of the Act, the city hereby modifies, to the extent necessary, any fees charged to telecommunications providers after November 1, 2002, the effective date of the Act, relating to access and usage of the public rights-of-way, to an amount not exceeding the amounts of fees and charges required under the Act, which shall be paid to the Authority. In compliance with the requirements of Section 13(4) of the Act, the city also hereby approves modification of the fees of providers with telecommunication facilities in public rights-of-way within the city’s boundaries, so that those providers pay only those fees required under § 8 of the Act. The city shall provide each telecommunications provider affected by the fee with a copy of this ordinance, in compliance with the requirement of § 13(4) of the Act. To the extent any fees are charged telecommunications providers in excess of the amounts permitted under the Act, or which are otherwise inconsistent with the Act, that imposition is hereby declared to be contrary to the city’s policy and intent, and upon application by a provider or discovery by the city, shall be promptly refunded as having been charged in error.
(B) Savings clause. Pursuant to § 13(5) of the Act, if § 8 of the Act is found to be invalid or unconstitutional, the modification of fees under subsection (A) above shall be void from the date the modification was made.
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