(A) Requirement to register. Unless otherwise indicated by this subchapter, it shall be unlawful for any party to install, operate, construct or maintain any facilities within the rights-of-way unless such facilities are registered with the city by filing the registration statement required herein and all applicable franchise fees are paid to the city.
(B) Registration. Any party who owns any facilities within the right-of-way or who seeks to occupy the right-of-way to install, construct or maintain any facilities within the rights-of-way shall file a registration statement, which shall be filed with the City Manager on a form provided by the city. The registration statement shall include the following information:
(1) The identity and legal status of the registrant, including any affiliates who own or operate any facilities in the rights-of-way and the name, title, address and telephone number of the individual responsible for the accuracy of the registration statement;
(2) The registrant’s address, telephone number, facsimile number and email address, as well as a local point of contact available to be contacted in the event of an emergency;
(3) A general description of all facilities that the registrant will be installing in the right- of-way;
(4) Upon request of the city, the registrant shall provide a detailed inventory and map of all of its facilities installed in the city’s right-of-way;
(5) A statement of the amount, if any, of any fee to which the registrant is subject pursuant to any franchise agreement, lease or other agreement between the registrant and the city;
(6) Proof that the registrant is insured in the form of a copy of a certificate of insurance or self-insurance that is in compliance with the insurance requirements of this subchapter or its franchise agreement; and
(7) If the registrant is a utility, the number of the registrant’s certificate of authorization or license to provide utility service issued by the Kentucky Public Service Commission, or other state or federal authority, if any.
(C) Fee. In order to compensate the city for its costs in administering this subchapter, each registrant shall submit a fee of $15 with each registration filed with the city.
(D) Notice of changes. The registrant shall notify the city within 30 days of any change in information contained in the registration statement.
(E) Exceptions for reseller service providers and lessees. A reseller service provider shall not be required to register those facilities it utilizes solely for the purpose of reselling, or those facilities it utilizes as a lessee.
(F) Effect of registration. Registration does not convey legal or equitable title to the rights-of-way, nor does it place a registrant in a position of priority with respect to other registrants. Registration does not excuse a party from having to obtain a franchise, lease or other agreement, if otherwise required, or from obtaining any required or necessary agreement with the city or other party with respect to the placement of facilities on the city’s or another party’s facilities.
(G) Exceptions. The following types of facilities are not required to be registered pursuant to this subchapter, and the party responsible for such facilities is not otherwise required to comply with the provisions of this subchapter expressly pertaining to registrants. However, the party responsible for such facilities is required to comply with all remaining provisions of this subchapter that are not expressly limited to registrants, unless otherwise exempted:
(1) Newspaper stands;
(2) Signage;
(3) Facilities associated with sidewalk cafes;
(4) Facilities owned by the commonwealth;
(5) Facilities installed by the city that are not used to provide competitive utility services;
(6) Temporary solid waste roll-off containers and temporary storage units or containers; and
(7) Any facilities or objects that are registered in accordance with other applicable licenses, regulations, ordinances and law.
(H) Rejection or cancellation of registration.
(1) (a) Within ten working days of the filing of the registration statement or the discovery of the inaccuracy of the registration statement by the city, the City Manager shall provide written notice to any party who:
1. Does not possess proper authorization to occupy the rights-of-way with facilities; or
2. Fails to accurately complete the registration statement.
(b) Such written notice shall specify the deficiency and shall notify the party what corrective action must be taken. If the party fails to correct the deficiency within ten days, the City Manager shall reject or cancel the registration unless it can be shown by the party that significant steps have been taken to correct the deficiency, upon which showing the City Manager may provide an additional reasonable extension of time, or provide approval of the registration contingent upon the party’s ability to correct the deficiency to the satisfaction of the City Manager.
(2) A registrant who no longer continues to place, maintain or own any facilities in the rights-of-way may cancel its registration upon providing the city with written notice.
(3) Reconsideration.
(a) If the City Manager rejects or cancels a registration statement, the registrant may file with the City Manager within ten days of receipt of the notice of rejection or cancellation a written request for reconsideration, which shall include the basis for the registrant’s position.
(b) The City Manager may hear any relevant evidence in deciding the reconsideration and will notify the registrant in the event that further information is required. The City Manager shall render a final decision in writing within ten days of receipt of the registrant’s written request for reconsideration or the receipt of any further evidence, whichever is later, and will provide the registrant the basis for his or her decision.
(1984 Code, § 96.35) (Ord. O-04-20, passed 1-28-2020)