(A) Certificated telecommunications providers authority required/nonexclusive use. A CTP must provide evidence that the CTP has acquired authorization from the PUCT pursuant to state law, prior to obtaining a permit to use public right-of-way. The CTP’s right to use and occupy the public right-of-way shall not be exclusive, and the city shall have the right to exercise its police powers and manage its public right-of-way, based on the Act and all other state or federal laws.
(B) Transfer and notice. A CTP shall notify the City Manager of any sale, transfer, merger or assignment of the ownership or control of a CTP’s business within 30 days of such sale, transfer, merger or assignment. A CTP shall also maintain and provide current point-of-contact information with the City Manager at all times during which the CTP uses the right-of-way.
(C) Exemption from fees. CTPs are exempted from the following fees provided for in this chapter:
(1) Permit application fee, including expedited application fee and permit expiration fee;
(2) Additional permit fee;
(3) Saturday inspection fee;
(4) Registration fee.
(D) Waiver bonds. Unless determined otherwise by the City Manager a CTP will be exempt from the bonding requirements of this chapter, however, in the event that the City Manager determines, based upon reasonable grounds, that a bond is necessary to protect the public assets, and/or the health and safety of the public, then the City Manager may require that a CTP post a reasonable bond not to exceed $100,000. Factors to be considered in determining reasonable grounds may include, but are not limited to, a conviction for violation of this chapter, a general pattern of substandard adherence to the provisions of this chapter or the failure to comply with this chapter. If three years pass from the date that the City Manager requires a bond of a CTP and it has not been necessary for the city to seek performance under the bond, then a bond will no longer be required pursuant to this section.
(E) CTP indemnity. A CTP shall indemnify the city as specified by Texas Local Government Code § 283.057, as may be amended. A CTP shall be exempt from all indemnity requirements of this chapter that are inconsistent with Texas Local Government Code § 283.057, as amended.
(Ord. 2017-10, passed 9-6-2010)