(a) Consent Required to Occupy or Use Village Rights-of-Way. Service providers must have consent for facilities located in the village rights-of-way.
(b) Presumed Initial Consent. Service Providers with Facilities that lawfully occupy the right-of-way to provide a service on the effective date of this chapter shall have presumed initial consent for those facilities if such service provider is:
(1) A public utility subject to the jurisdiction and recognized on the rolls of the PUCO,
(2) A cable operator providing cable service pursuant to a valid franchise agreement with the Village, or
(3) A video service provider providing video service in the Village pursuant to a video service authorization from the Ohio Department of Commerce.
(4) All service providers with presumed initial consent shall comply with the provisions of this chapter related to the ongoing use and occupancy of the right-of-way.
(c) Village Consent to Use the Right-of-Way. All service providers must obtain consent from the Village Administrator for facilities that will occupy or use the right-of-way, or for existing facilities for which a service provider does not have initial presumed consent.
(1) Not later than sixty days after the filing of a completed request for consent, the Village Administrator shall grant or deny the request. If a request for consent is denied, the Village Administrator shall provide in writing its reasons for denying the request and such information as the person may reasonably request to obtain consent.
(2) The Village Administrator may withhold, deny, or delay consent to any Service provider based upon the service provider's failure to possess the financial, technical, and managerial resources necessary to protect the public health, safety and welfare, provided that any such Service Provider is not a public utility subject to the jurisdiction and recognized on the rolls of the PUCO, a cable operator providing cable service pursuant to a valid franchise agreement with the Village or a video service provider providing video service in the Village pursuant to a video service authorization from the Ohio Department of Commerce.
(3) Any service provider whose application for consent to occupy or use the right-of-way has been denied or revoked may appeal the denial or revocation to the Village Planning Commission. An appeal must be filed within ten days of receipt of the written verification of such denial or revocation.
(d) Information Required for Consent to Use Right-of-Way. Applications for service provider use of the right-of-way shall require the following information:
(1) The identity, legal status and federal tax identification number of the service provider, including affiliates, with facilities in the right-of-way or who are in any way responsible for facilities located in the right-of-way.
(2) The name, address and telephone number on the local officer, agent or employee responsible for the accuracy of the registration information and available to be notified in case of emergency.
(3) A general description of the service provided, or to be provided, by the service provider over its facilities, and a description of the type of transmission medium used by the service provider.
(4) Evidence that the service provider is in compliance with the insurance, indemnity and performance bond requirements of this chapter.
(5) Acknowledgment that the service provider has received a copy of this chapter.
(6) Any other information the Village Administrator may reasonably require relevant to the policies and procedures of this chapter.
(Ord. 862. Passed 4-20-09.)