(A) Definitions. For the purposes of this section, the following definitions shall apply.
PATHWAY. Any structure or prepared route intended for the installation of telecommunications infrastructure, including poles, vaults, boxes, excavated ground, borings, or other, and includes that entire structure from the provider's facility to the customer premise termination.
TELECOMMUNICATIONS INFRASTRUCTURE. Any cable-based structure, whether aerial or underground, including copper, fiber, or other materials, along with its functional components, whether active or passive, which provides data and/or voice communications.
TRUNK LINE. Telecommunications infrastructure that provides aggregated bandwidth or service for multiple customers, typically installed from the provider's point of presence to a local distribution location over a larger geographic area.
(B) Permit requirements. It shall be unlawful for any person, firm, or corporation to install telecommunications infrastructure or prepare a ground-based pathway for telecommunications infrastructure without first securing a permit from the city. The following permits are required:
(1) Telecommunications infrastructure permit. A permit must be secured for each installation of any telecommunications cabling structure that involves new installation, rerouting, burial, trenching, or boring in the right-of-way (ROW) intended for the service of a single residential or commercial customer. The permit application must be submitted at least 24 business hours prior to project initiation, including as-built documentation, DigTess tickets, detailed plans and specifications, maps, expected impacts on the ROW, traffic control plans, and the schedule of work. Adjacent property owners must be notified before work begins, especially if access or utilities might be affected.
(2) Trunk line permit. A permit must be secured for each lateral or trunk installation at least 96 hours prior to project initiation, providing as-built documentation, DigTess tickets, and detailed plans to the permitting office. The permit application must also include traffic control plans, schedules, and provisions for notifying adjacent property owners.
(C) Project completion timelines. Work within the ROW must be completed within 24 hours of initial groundbreaking unless otherwise permitted in writing through the City of Ferris Permitting Office. Customer premise work related to the same service must be completed within 48 hours of initial groundbreaking.
(D) Property disturbance outside ROW. No ground disturbance outside the ROW on any property other than that of the provider's client for which the service installation is intended is permitted without written authorization from the legal property owner or their assigned agent. A copy of the written authorization must be provided to the City of Ferris Permitting Office prior to conducting such disturbance.
(E) Safety and security of materials. During the course of the project, no materials, including structured cabling, may be left coiled, looped, or otherwise unsecured above ground when the service provider or their agents are absent from the work area. All unfinished materials must be marked with orange paint to ensure public safety. Failure to comply will result in a fine not to exceed $2,000 per instance per 24-hour period. The city reserves the right to issue stop-work orders for noncompliance.
(F) Roadway safety. No materials, including structured cabling, may be left within or on paved or finished surface public roadways when the service provider or their agents are absent from the work area. Failure to comply will result in a fine not to exceed $2,000 per instance per 24-hour period.
(G) Ground openings. No ground openings, including holes, bore pathways, vaults, boxes, or other provider enclosures, may remain open/exposed when the service provider or their agents are absent from the work area. Any temporary coverings must be clearly marked with orange paint. All such openings must be sealed or properly covered with a secured cover by the completion of the project. Failure to comply will result in a fine not to exceed $2,000 per instance per 24-hour period.
(H) Restoration and cleanup. All disturbed areas within the ROW, within customer premise, or within traversed properties must be restored to their original or better condition upon completion of work. This includes re-paving, re-seeding grass, or repairing any damage caused by the work. Failure to restore the area to the city's satisfaction will result in additional fines, and the city may require a bond to cover potential damage or inadequate restoration.
(I) Emergency provision. In cases of emergencies or urgent repairs, the city may expedite permit approval or waive certain requirements as necessary to ensure the prompt restoration of critical infrastructure. The city must be notified immediately, and all work must comply with safety and security measures.
(J) Compliance with city ordinances. All installations must comply with city ordinances regarding the required depth in all relevant areas.
(K) Public communication and transparency. Telecommunications projects which are deemed by the city to be extensive and or long term may be publicly posted on the city's website, including details of the project, expected start and end dates, and contact information for reporting concerns or violations. The city will provide a mechanism for citizens to report any concerns or violations related to these projects.
(L) Legal precedents and references. This section is enacted under the authority granted by the Tex. Local Govt. Code, including but not limited to, § 51.001 and § 51.012. The section shall be interpreted in a manner consistent with relevant legal precedents to ensure enforceability.
(Ord. O-24-1010, passed 8-20-2024)