(a) Notwithstanding any provision of this Code to the contrary, a telecommunications provider that is properly paying the applicable Chicago Simplified Telecommunications Tax pursuant to Chapter 3-73 shall be exempt from any permit fee or other compensation otherwise payable to the city under this Code for use of the public way, including fees otherwise payable under chapter 10-20, for any period of time for which the Chicago Simplified Telecommunications Tax is paid.
(b) The applicable fee for a permit issued under this chapter to a telecommunications provider that is not excused from paying permit fees under subsection (a) shall be an amount determined by the commissioner to provide for recovery of the city's actual costs or reasonable estimated costs of maintaining and regulating the public way in a manner consistent with the public welfare. Such costs shall include, but not be limited to, the city's cost of inspection, regulation, maintenance, administration and repair.
(c) No permit shall be issued under this chapter unless the applicant provides such surety or other instrument of security, insurance and indemnification as the risk manager, in the office of the city comptroller and the commissioner, reasonably may require for the purposes of this chapter.
(d) Nothing in this Code shall prohibit the city from requiring compensation for, and franchise or other agreements governing, the use of any city property that is not the public way as defined in this chapter.
(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; Amend Coun. J. 11-7-18, p. 88803, § 29)