(a) Consent required to occupy public right-of-way. No person shall occupy or use the public right-of-way without obtaining prior consent from the city to do so, except as otherwise provided for those service providers with initial presumed consent pursuant to § 1050.02(c).
(b) Persons required to apply for consent to occupy or use public right-of-way.
(1) The following persons shall apply to the city for consent to occupy or use the public right-of-way on a form provided by the City Manager if such person:
A. Does not currently have an existing system or facilities in the city's public right-of-way and desires to construct a system or facilities in the public right-of-way;
B. Had an existing system or facilities in the public right-of-way on July 2, 2002 and does not have presumed initial consent under § 1050.02(c)(1) below; or
C. Has initial presumed consent or city consent to occupy or use the public right-of-way for an existing system or facilities, but is planning to construct additional facilities or an additional system anywhere in the city.
(c) Initial consent presumed.
(1) A person with an existing system in the public right-of-way on July 2, 2002 shall be conclusively presumed to have initial consent for that system to occupy or use the public right-of-way if such person:
A. Is subject to jurisdiction by the PUCO;
B. Has a valid franchise agreement with the city to provide cable services or other services in the city, and/or
C. Is any other person whose existing facilities lawfully occupied the public right-of-way on July 2, 2002.
(2) Initial presumed consent for occupancy or use of the public right-of-way is limited to the service provider's existing system on the effective date of this chapter.
(3) Any service provider with initial presumed consent to occupy or use the public rights-of-way shall file an initial registration with the city within 90 days of the effective date of this chapter, on a form provided by the City Manager, which shall include the information required by § 1050.02(d) of this chapter.
(4) A person with initial presumed consent must comply with the requirements of this chapter with respect to the ongoing occupancy or use of the public right-of-way including, but not limited to, the insurance, indemnity, performance bond and registration requirements of §§ 1050.04(a), (b) and (c) and § 1050.05 of this chapter.
(d) Application for consent to occupy or use the public right-of-way; initial registration of service providers with initial presumed consent. The application for consent to occupy or use the public right-of-way and/or initial registration pursuant to § 1050.02(c) for service providers with initial presumed consent to occupy or use the public right-of-way shall include the following information with respect to the applicant's or service provider's planned or existing system and/or facilities in the public right-of-way as well as plans for any planned capital improvements for the following 12 months:
(1) The identity, legal status and federal tax identification number of the applicant, including all affiliates of the applicant or service provider that will use or occupy the public right-of-way or are in any way responsible for facilities located in the public right-of-way.
(2) The name, address and telephone number of the local officer, agent or employee responsible for the accuracy of the application or initial registration and available at all reasonable times to be notified in case of emergency.
(3) A general description of the service provided or to be provided by the applicant or service provider over its system or facilities. Where services are or will be provided by a nonaffiliated provider with authorized physical access to the applicant's or service provider's facilities, the applicant or service provider shall identify that provider.
(4) A current list of any contractors used by, or approved for use by, the applicant or service provider to work on its facilities.
(5) A description of the type of transmission medium used, or to be used, by the applicant or service provider to operate a system.
(6) A map and description of the existing or proposed facilities in the city's public right-of-way
A. The map and description shall be in sufficient detail to identify:
1. The location and route of the applicant's or service provider's facilities or proposed facilities.
2. The location of all known existing above-ground, overhead and/or underground facilities in the public right-of-way along the route or proposed route of the applicant's or service provider's facilities or proposed facilities that is sufficient to show the impact of the applicant's facilities on other existing facilities.
3. The location of all known overhead and underground utility easements.
B. Upon written request of a service provider, the City Manager may modify the requirements of this division (d)(6), if in his or her reasonable discretion such modification serves the purposes of this chapter and the city's need to manage its public rights-of-way.
C. A service provider may designate any portion or portions of the maps and/or information provided pursuant to this division (d)(6) as proprietary and/or trade secret so as to remain confidential. In this event, the city shall seek to maintain the confidentiality of such maps and/or information; provided, however, that such information is subject to applicable public records laws and exceptions thereto. The city shall provide a service provider with written notice of any proposed inspection or disclosure prompted by a public records request related to the service provider's maps and/or information the service provider has designated to be confidential. The service provider shall have three business days from the written notice to object to any public records disclosure and to agree in writing to defend and indemnify the city with respect to any litigation under the Ohio Public Records Act to compel disclosure and all related costs.
(7) Evidence that the applicant or service provider has complied, or will comply, with the indemnification, insurance and performance bond requirements of this chapter.
(8) Information sufficient to determine that the applicant or service provider has received any certificate of authority required by the PUCO, FCC or other applicable state or federal agency to operate a system and provide services in the city.
(9) Written acknowledgment of receipt of a copy of this chapter.
(10) Such other information as the City Manager may reasonably require relevant to the provider's use or intended use of the public right-of-way.
(e) City consent or denial for occupancy or use of the public right-of-way.
(1) The city shall grant or deny, in writing, a person's application for consent to occupy or use the public right-of-way within 60 days of the date on which the person filed the application with the city.
A. The city may withhold, deny or delay its consent to a person's application to occupy or use the public right-of-way based on the person'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 in accordance with Ohio law.
B. If the city denies a person's application to occupy or use the public right-of-way, the city shall provide its reasons in writing for denying the application, and shall provide any information reasonably requested by that person necessary to obtain the city's consent to occupy or use the public right-of-way.
(2) The city's grant of consent for a person to occupy or use the public right-of-way shall be in the form of a public right-of-way occupancy certificate which shall set forth the specific terms of the city's consent for such person to occupy or use the public right-of-way.
(f) Application to existing franchise and pole attachment agreement. For purposes of this chapter, a franchise (ordinance or agreement) or pole attachment agreement with the city shall be deemed consent authorizing the provider's occupancy or use of the public right-of-way to the extent described in the franchise or pole attachment agreement. The provider's use of the public right-of-way beyond that authorized by the franchise or pole attachment agreement shall require additional consent for such additional occupancy or use. Providers shall comply with all other provisions of this chapter except that if there is a direct conflict between a specific provision in the franchise or pole attachment agreement and the provisions of this chapter, the franchise or pole attachment agreement shall control.
(Ord. 08-O-2455, passed 3-18-2008)