Any person may apply to obtain a Pass Through Telecommunications System by completing an application form provided by the City and submitted to the City Clerk. An application must include, but not limited to:
A. Identification of the applicant. If the applicant is a partnership, the name and address of each partner shall also be set forth. If the applicant is a corporation, the application also shall state the names and addresses of its directors, principal offices, major stockholders and associates owning ten percent (10%) of equity interest, and the names and addresses of parent and subsidiary companies.
B. A detailed description and location maps of the public rights-of-way or other public places within which applicant proposes or seeks authority to place, construct, own, control, operate, manage, or use any facilities; a detailed description and location maps of the facilities to be installed in the public rights-of-way and any adjacent public or private facilities, equipment or property; and a detailed description of the proposed traffic control plans and street repairs.
C. If applicant is proposing to install overhead facilities on utility-owned poles, evidence that the affected utility pole owner has consented to the installation, or that the applicant has a right to attach to the pole.
D. If applicant is proposing an underground installation in existing ducts or conduits within the public rights-of-way, information in sufficient detail to identify:
1. Whether the applicant has considered the use of duct and/or pipeline capacity owned by the City;
2. The excess capacity currently available in ducts or conduits to be used, before installation of applicant's telecommunications facilities;
3. The excess capacity, if any, as defined by the Rights-of-Way Management Plan and Standards, that will exist in such ducts or conduits after installation of applicant's facilities along the proposed route.
E. If applicant is proposing an underground installation within new ducts or conduits to be installed in the public rights-of-way, information in sufficient detail to identify:
1. The location of the proposed new ducts or conduits;
2. The excess capacity that will exist in such ducts or conduits after installation of applicant’s telecommunications facilities.
F. Financial statements prepared in accordance with Generally Accepted Accounting Principles ("GAAP") demonstrating the applicant's financial ability to construct, operate, maintain, relocate and remove the telecommunications facilities. If the applicant is a 7901-telephone corporation authorized under the California Public Utilities Company, a copy of the financial reports submitted to the CPUC may be substituted.
G. Information in sufficient detail to establish the applicant's technical qualifications, experience and expertise regarding the Pass Through Telecommunications System described in the application. If the applicant is seeking the agreement as a holder of a Certificate of Public Convenience and Necessity, the applicant may satisfy this requirement by showing that the CPUC has found it technically qualified to perform the proposed work.
H. Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities including copies of all licenses, permits, franchises, petitions, or applications received or submitted by the applicant to the Federal Communications Commission, the California Public Utilities Commission, the Securities and Exchange Commission or any other federal or state regulatory commission or agency having jurisdiction concerning any matters affecting the applicant's activities or facilities under the proposed encroachment permit agreement. Specifically any CPCN application and related environmental documents shall be submitted with the application.
I. If the applicant claims that any of the facilities it is installing are telephone lines within the meaning of Cal. Public Utility Code § 7901, the applicant shall identify which facilities it claims are telephone lines, and provide proof that it is a telephone corporation within the meaning of Cal. Public Utility Code § 7901.
J. If any certificate or authorization received from any government entity requires applicant to take any steps in connection with or prior to construction or installation of its facilities, the requirements shall be clearly identified and applicant shall state what it has done to fulfill the requirements.
K. If the information required by § 11.26.020 (F) and (G) is not available at the time of application, the applicant may submit such relevant information in response to the requirements of those Sections as available. However, no encroachment permit agreement shall be presented to the City Council consideration until all information has been provided and reviewed by the City.
(Ord. No. 2001-007 § 1)