10-29-060 Commissioner authorized to establish additional regulations.

   The commissioner is authorized to establish rules and regulations as shall be necessary to further the purposes of this chapter and to ensure that access to, use or occupancy of space on, under or over the public way or public property be conducted and maintained in a safe and efficient manner consistent with the provisions of this Code, in a manner so as to not physically or visually interfere with or obstruct the public way or public property, or in a manner which does not overburden the limited capacity of the space. In regard to the use of city light poles, such regulations shall be established after consultation with the executive director, the city's chief information officer, and the commissioner of streets and sanitation, and shall be drafted and administered on a competitively neutral and nondiscriminatory basis. Such regulations shall additionally take into account, in furtherance of the factors set forth in Section 10-29-030, on a per location basis: (i) public safety and structural limitations, (ii) compatibility of wires, including antennas and other peripheral equipment with the proposed use of city light poles or other city property, (iii) interference with or prevention of current or reasonably anticipated city projects, operations or infrastructure, including communications and information services provided or sponsored by the city, (iv) adequacy of electric service and efficient use of scarce physical space, including potential collocation, (v) regulatory restrictions on the use of such facilities by private parties, (vi) the existence of commercially reasonable alternatives to the use of city light poles (such as existing private utility and telecommunications poles) and (vii) material aesthetic considerations. Preference shall be given to the use of city alley roles over ordinary light poles or traffic signal poles and preference shall be given to ordinary light poles over traffic signal poles. Such regulations shall not extend to the use of city airport property by private users. Notwithstanding the foregoing, such regulations specifically may allow for the use of traffic signal poles on a case-by-case basis if such use does not preclude the city from either undertaking its own telecommunications or information projects or permitting similar projects for the benefit of the public even if conducted or operated by third parties. The regulations may permit the replacement of city light poles through private donations of similar poles which more readily permit the internal placement of wires so long as such replacement roles and the construction thereof do not require the expenditure of city funds, meet city specifications and regulatory requirements, do not violate any financing requirements and are dedicated to, and become the property of the city after completion. The commissioner is authorized to accept any such replacement poles and to issue permits for the use of such replacement poles consistent with the purposes and limitations set forth in this chapter. The regulations may also permit the use of available city conduit for wires in the immediate vicinity of or contained within such city light poles for the limited purpose of connection with electric sources of power and communication networks if such connection will avoid construction in and deterioration of the city's public ways; provided that such use of city conduits will be limited to the purposes set forth above, shall be at the prevailing rates of compensation for such use as determined by the commissioner, shall not require the expenditure of city funds, do not violate any city financing requirements, shall meet city specifications and regulatory requirements and such wires shall become city property after termination of the related permit following default or abandonment. At least 20 days prior to the issuance of any permit for installation of equipment or wires owned by a private party on city light poles, notice shall be given by the commissioner or the executive director to the alderman in whose ward such light poles are located.

(Added Coun. J. 4-13-94, p. 48633; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 12-14-05, p. 66662, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1)