(a) Registration Required to Occupy Public Right-of-Way. No Service Provider shall Occupy or Use the Public Right-of-Way without registering with the City prior to commencing to do so.
(b) Initial Registration Presumed.
(1) A Service Provider with existing Facilities that lawfully Occupy the Public Right-of- Way on the effective date of this chapter shall be presumed to have initial registration with the City for its existing Facilities to Occupy or Use the Public Right-of-Way.
(2) Initial presumed registration for Occupancy or Use of the Public Right-of-Way is limited to the Service Provider’s existing Facilities on the effective date of this chapter.
(3) Any Service Provider with presumed initial registration to Occupy or Use the Public Right- of-Way for existing Facilities under this division (b) shall comply with the applicable registration requirements under division (a) of Section 510.03 within ninety (90) days of the effective date of this chapter.
(c) Registration to Occupy or Use Public Right- of-Way.
(1) The following Service Providers shall register with the City to Occupy or Use the Public Right-of-Way on a form provided by the Director. Any Service Provider who:
A. Does not have an existing System or Facilities that lawfully Occupy the Public Right-of-Way on the effective date of this chapter and desires to Construct a System or Facilities in the Public Right-of-Way; or
B. Has initial presumed registration under division (b) of this section but is planning:
1. A Capital Improvement or Reconstruction of existing Facilities; or
2. To Construct an additional System anywhere in the City.
(2) The form for Service Providers to register to Occupy or Use the Public Right-of-way under this section or under division (a) of Section 510.03 shall contain the following information:
A. The identity, legal status and federal tax identification number of the Service Provider, including all Affiliates of the Service Provider that will Use or Occupy the Public Right-of- Way or are in any way responsible for Facilities in the Public Right-of-Way;
B. The name, address, telephone number and e-mail address of the local officer, agent or employee responsible for the accuracy of the registration and available at all reasonable times to be notified in case of emergency;
C. A general description of the Services provided or to be provided by the Service Provider over its System or Facilities in the Public Right-of-Way;
D. A description of the type of transmission medium used, or to be used, by the Service Provider to operate a System in the Public Right-of-Way;
E. To the extent available, a description of the Service Provider’s existing Facilities in the Public Right-of-Way that generally identifies the location and route of the Facilities in detail acceptable to the Director after consultation with the Service Provider;
F. A preliminary Construction schedule and proposed completion date for all Capital Improvements planned, as of the date of registration, for the twelve (12) month period following the date of registration;
G. If the Service Provider is not a Regulated Service Provider, a description of the Service Provider’s access and line extension policies;
H. Evidence that the Service Provider has complied, or will comply, with the insurance requirement contained in division (e) of this section;
I. Evidence that the Service Provider has received authorization from the State, as required by law, to operate a System and provide Services in the City;
J. Other and further information as may reasonably be requested by the Director related to the City’s five (5) year capital plan.
(3) The City shall confirm, in writing, a Service Provider’s completed registration to Occupy or Use the Public Right-of-Way within thirty (30) days of the date on which the registration form is filed with the City.
A. Except to the extent prohibited by Federal or state law, the City may withhold or delay confirmation of a Service Provider’s completed registration to Occupy or Use the Public Right-of-Way based on the Service Provider’s failure to possess the financial, technical and managerial resources necessary to protect the public health, safety and welfare, or for other reasons based on the health, safety and welfare of the City and under Ohio law.
B. If the City withholds or delays a Service Provider’s registration to Occupy or Use the Public Right-of-Way, the City shall provide its reasons in writing for withholding or delaying registration, and shall provide any information that the Service Provider may reasonably request necessary for the Service Provider to obtain a completed registration to Occupy or Use the Public Right-of-Way.
(4) The City’s registration of a Service Provider to Occupy or Use the Public Right-of-Way shall be in the form of a Right-of-Way Occupancy Certificate which shall specify the specific terms of the City’s registration for the Service Provider to Occupy or Use the Public Right-of-Way.
(5) Each Service Provider registering to Occupy or Use the Public Right-of-Way shall pay a fee as determined by the Director, and approved by the Board of Control, to reimburse the City for its administrative costs related to the registration process as provided in Section 510.07.
(d) Registration of Service Providers with an Existing Franchise Ordinance or Agreement. For purposes of this chapter, a Franchise Ordinance or Agreement shall be deemed registration of the Franchisee’s Occupancy or Use of the Public Right-of- Way to the extent described in the Franchise Ordinance or Agreement. The Franchisee’s use of the Public Right-of-Way beyond that described in the Franchise Ordinance or Agreement shall require additional registration for the additional Occupancy or Use. Franchisees shall comply with the registration provisions and the Public Right-of-Way Use Regulations to the extent that the provisions of this chapter do not directly conflict with the Franchise Ordinance or Agreement. If there is a direct conflict between the Franchise Ordinance or Agreement and the provisions of this chapter, the Franchise Ordinance or Agreement shall control.
(e) Service Provider Insurance. Service Providers must secure and maintain, at a minimum, the following liability insurance policies insuring both the Service Provider and the City, and its elected and appointed officers, officials, agents, employees and representatives as additional insureds:
(1) Comprehensive general liability insurance with limits not less than:
A. Five Million Dollars ($5,000,000) for bodily injury or death to each Person;
B. Five Million Dollars ($5,000,000) for property damage resulting from any one (1) accident; and
C. Five Million Dollars ($5,000,000) for all other types of liability.
(2) Automobile liability for owned, non- owned and hired vehicles with a limit of Three Million Dollars ($3,000,000) for each Person and Three Million Dollars ($3,000,000) for each accident;
(3) Workers’ compensation within statutory limits and employer’s liability insurance with limits of not less than One Million Dollars ($1,000,000);
(4) Comprehensive form premises- operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than Three Million Dollars ($3,000,000);
(5) The liability insurance policies required by this section shall be maintained by the Service Provider at all times throughout the period of time during which the Service Provider is Occupying or Using the Public Right-of-Way, or is engaged in the removal of its Facilities;
(6) Not less than thirty (30) days prior to the effective cancellation or termination date of a liability insurance policy required by this section, when the Service Provider has at least thirty (30) days’ advance notice of cancellation or termination, or immediately upon receipt of notice if it has less than thirty (30) days’ advance notice, the Service Provider shall obtain and furnish to the City replacement insurance policies meeting the requirements of this section, without any lapse in coverage;
(7) Upon written application to, and written approval by, the Director, a Service Provider with net capitalization of Ten Million Dollars ($10,000,000) or more may be self-insured; except that all coverages for Workers’ Compensation shall be in compliance with State law. No approval for self-insurance shall be given until the Director has made a complete review of the Service Provider’s financial ability to provide the self- insurance. As part of the review process, the Director may require, and the self-insurance applicant shall provide financial documents necessary to make a valid determination of the applicant’s ability to meet the needs of this chapter;
(8) Regulated Service Providers shall be exempt from the provisions of division (e) of this section provided that they notify the Director of the name and contact information of an officer or employee in the organization of the Service Provider who is responsible for receiving claims filed against the Service Provider for personal injury or property damage.
(f) General Indemnification. Each form for registering to Occupy or Use the Public Right-of-Way, and each annual registration, shall include, to the extent permitted by law, the Service Provider’s express undertaking to defend, indemnify and hold the City and its elected and appointed officers, officials, employees, agents, representatives and subcontractors harmless from and against any and all damages, losses and expenses, including reasonable attorney’s fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the negligent, careless or wrongful acts, omissions, failures to act or misconduct of the Service Provider or its Affiliates, officers, employees, agents, contractors or subcontractors in the Construction, Reconstruction, installation, operation, maintenance, repair or removal of its System or Facilities, and in providing or offering Services over the Facilities or System, whether the acts or omissions are authorized, allowed or prohibited by this chapter.
(Ord. No. 599-11. Passed 6-6-11, eff. 6-13-11)