10-30-030 Notice.

   (a)   A telecommunications provider that intends to install any telecommunications equipment on, over or under the public way shall give the city notice of such installation by filing written notice with the commissioner no less than ten days prior to the date the installation is to begin or, if the installation requires excavation relating to new construction, no less than 30 days prior to the date the excavation is to begin. The notice shall be in the form of plans, specifications and documentation of the purpose and intention of the telecommunications provider with respect to the installation, and shall be in form prescribed by the commissioner which shall be designed to provide the commissioner with all of the information necessary to determine whether the installation will be consistent with the safety and welfare of the public and all users of the public way. Within three business days after receiving notice under this section, the commissioner shall notify the alderman of any ward in which the installation is to be made.

   (b)   Within ten days after receiving notice under this section (or within 25 days if the notice is for installation that requires excavation relating to new construction), the commissioner shall specify the portion of the public way that the telecommunication provider shall be permitted to occupy without creating an undue risk to the safety or welfare of the public and all users of the public way. Upon receiving the commissioner's specification of the permitted location, the telecommunications provider shall provide the commissioner with any additional plans, specifications and documentation available. Upon the telecommunications provider's submission of additional plans, specifications and documentation available, the commissioner shall, in a timely fashion, issue a permit allowing the telecommunications provider to install and maintain telecommunications equipment in accordance with the terms and conditions specified in the permit. However, if permission for installation on particular portion of the public way must be denied for any of the reasons specified in subsection (b) of Section 10-30-020, that denial shall be issued in writing within the ten- or 25-day period, as the case may be, and shall specify the reasons for the denial. If the city fails to specify a permitted location or issue a written denial within the time required by this subsection (b), a permit shall be deemed to have been issued for the telecommunications provider to install and maintain, solely at the telecommunications provider's risk, telecommunications equipment on, over or under the public way, provided that such installation and maintenance: (i) is not in violation of this Code or any rules and regulations adopted pursuant thereto: and (ii) does not interfere with other proper uses of the public way.

   (c)   Nothing in this chapter shall excuse any person or entity from obligations imposed under any applicable law or ordinance, or regulations issued by the department of transportation, concerning generally applicable standards for construction on, over, under, or within, use of or repair of the public ways, including standards relating to freestanding towers and other structures on the public ways, nor shall any person or entity be excused from any liability imposed by any such law or ordinance for failure to comply with such standards. However, a person or entity that installs or maintains telecommunications equipment pursuant to this chapter shall not be required to obtain a public way work license or public way work permit under Chapter 10-20.

(Added Coun. J. 10-1-97, p. 53280, § 3; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1)