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(a) Approval or denial. The Mayor shall have the authority to approve or deny an application for a permit. Pursuant to Section 15(3) of the Act, the Mayor shall approve or deny an application for a permit within forty-five (45) days from the date a telecommunications provider files an application for a permit under § 15-65(b) of this ordinance for access to a public right-of-way within the City. Pursuant to Section 6(6) of the Act, the Mayor shall notify the MPSC when the Mayor has granted or denied a permit, including information regarding the date on which the application was filed and the date on which permit was granted or denied. The Mayor shall not unreasonably deny an application for a permit.
(b) Form of permit. If an application for permit is approved, the Mayor shall issue the permit in the form approved by the MPSC, with or without additional or different permit terms, in accordance with Sections 6(1), 6(2) and 15 of the Act.
(c) Conditions. Pursuant to Section 15(4) of the Act, the Mayor may impose conditions on the issuance of a permit, which conditions shall be limited to the telecommunications provider’s access and usage of the public right-of-way.
(d) Bond requirement. Pursuant to Section 15(3) of the Act, and without limitation on subsection (c) above, the Mayor may require that a bond be posted by the telecommunications provider as a condition of the permit. If a bond is required, it shall not exceed the reasonable cost to ensure that the public right-of-way is returned to its original condition during and after the telecommunications provider’s access and use.
(Ord. 3512, passed 4-28-2003)
A telecommunications provider shall not commence construction upon, over, across, or under the public rights-of-way in the City without first obtaining a construction or engineering permit as required under this Chapter 15 of the Code of Ordinances, as amended, for construction within the public rights-of-way. No additional fee shall be charged for such a construction or engineering permit.
(Ord. 3512, passed 4-28-2003)
Pursuant to Section 6(7) of the Act, a telecommunications provider shall, within 90 days after the substantial completion of construction of new telecommunications facilities in the City, submit route maps showing the location of the telecommunications facilities to both the MPSC and to the City. The route maps should be in paper and electronic format unless and until the MPSC determines otherwise, in accordance with Section 6(8) of the Act.
(Ord. 3512, passed 4-28-2003)
Pursuant to Section 15(5) of the Act, a telecommunications provider undertaking an excavation or construction or installing telecommunications facilities within a public right-of-way or temporarily obstructing a public right-of-way in the City, as authorized by a permit, shall promptly repair all damage done to the street surface and all installations under, over, below or within the public right-of-way and shall promptly restore the public right-of-way to its preexisting condition.
(Ord. 3512, passed 4-28-2003)
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