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§ 90.006   CONSTRUCTION OR ENGINEERING PERMIT.
   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.
§ 90.007   CONDUIT OR UTILITY POLES.
   Pursuant to § 4(3) of the Act, obtaining a permit or paying the fees required under the Act or under this ordinance does not give a telecommunications provider a right to use conduit or utility poles.
§ 90.008   ROUTE MAPS.
   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.
§ 90.009   DAMAGE; RESTORATION.
   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.
§ 90.010   MAINTENANCE FEE.
   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.
§ 90.011   MODIFICATION OF EXISTING FEES.
   (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.
§ 90.012   DISPOSITION OF FUNDS; ANNUAL REPORT.
   (A)   Use of funds.  Pursuant to § 10(4) of the Act, all amounts received by the city from the Authority shall be used by the city solely for rights-of-way related purposes.  In conformance with that requirement, all funds received by the city from the Authority shall be deposited into the Major Street Fund or the Local Street Fund maintained by the city under Public Act 51 of 1951.
   (B)   Annual report.  Pursuant to § 10(5) of the Act, the Mayor shall file an annual report with the Authority on the use and disposition of funds annually distributed by the Authority.
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