(a) Nothing in this section relieves any person from obtaining a permit under this article to perform work in the public right-of-way.
(b) In order to protect the public health, safety, and welfare, a public service provider maintaining or operating existing facilities in the public right-of-way, and any other person working in the public right-of-way, must register with the director in accordance with the following requirements:
(1) The registration must be on a form furnished by the director and made in the name of the public service provider that owns the facilities or the person working in the public right-of-way.
(2) Registration expires March 1 of every year after the calendar year in which the first registration occurs. If a registration is not renewed by the expiration date, the director shall furnish written notice to the public service provider or person that the registration has expired. If a public service provider or person fails to renew registration within 30 calendar days after the director gives notice of the expiration, the facilities of the public service provider or person will be deemed to have been legally abandoned.
(3) If information provided as part of the registration changes, the public service provider or person must inform the director in writing not more than 30 days after the date the change occurs.
(4) The public service provider or person shall also include the following with the registration:
(A) The name of the public service provider or person using the public right-of-way, including any business name, assumed name, or trade name the public service provider operates under or has operated under within the past five years.
(B) If the public service provider is a certificated telecommunications provider, the certificate number issued by the Texas Public Utility Commission.
(C) The ordinance number of any franchise or license issued by the city of Dallas that authorizes the public service provider or person to use the public right-of-way.
(D) The names, mailing addresses, e-mail addresses, and telephone numbers of at least two persons who will be general, day-to-day contacts for the public service provider or person. At least one of the addresses must be within the Dallas/Fort Worth metropolitan area.
(E) The name, mailing address, and e-mail address of the officer or agent designated as the person authorized to receive service of process on behalf of the public service provider or person.
(F) The name, mailing address, e-mail addresses, and telephone number of any contractor or subcontractor, if known, who will be working in the public right-of-way on behalf of the public service provider or person.
(G) The names, telephone numbers, and e-mail addresses of at least two persons serving as emergency contacts who can be reached by telephone 24 hours a day, seven days a week. The telephone numbers should be accessible without the city having to pay a long distance telephone or toll charge.
(H) Proof of existing insurance that complies with the following requirements:
(i) The minimum insurance coverage for a public service provider must be commercial general liability insurance, or any combination of general liability and umbrella/excess insurance, (including, but not limited to, premises operations, personal and advertising injury, products/completed operations, and independent contractors and contractual liability) with a minimum combined bodily injury (including death) and property damage limit of $25,000,000 per occurrence, $25,000,000 products/completed operations aggregate, and $25,000,000 general aggregate, except that public service providers or persons conducting pavement cuts or excavations not more than 18 inches in depth from the top of the pavement must provide a minimum combined bodily injury (including death) and property damage limit of $500,000 per occurrence $500,000 products/completed operations aggregate, and $500,000 general aggregate. The liability insurance policy must also include coverage for explosion, collapse, and underground hazards. The insurance coverage must be written by a company or companies approved to conduct business in the State of Texas. The city must be named as an additional insured on the policy by using endorsement CG 20 26 or broader.
(ii) The insurance filed by a public service provider or person working in the public right-of-way must also meet the same requirements as insurance filed by a permittee under Section 43-140(a)(3) through (a)(7). A public service provider or person registered under this section has the same duties, obligations, and liabilities as a permittee under Section 43-140(a)(3) through (a)(7), except that a public service provider or person registered under this section does not have to file separate proof of insurance every time it obtains a permit to perform work in the public right-of-way.
(iii) If the public service provider or person is an entity that has a tangible net worth ratio of 3 to 1 (assets to liabilities) with a minimum tangible net worth of at least $100,000,000, proof of self-insurance sufficient to meet the coverage required in this subparagraph is sufficient to satisfy the insurance requirements of this subparagraph.
(5) The insurance requirements of Subsection (b)(4)(H) of this section do not apply to:
(A) construction or other activity performed by the city's own departments or by contractors hired by the city and working on city-owned facilities within the public right-of-way; or
(B) a public service provider or person operating facilities or performing construction pursuant to a valid existing franchise or license approved by the city council. (Ord. Nos. 24495; 26263; 29993)