§ 15-67 CONSTRUCTION/ENGINEERING PERMIT.

   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)

§ 15-68 CONDUIT OR UTILITY POLES.

   Pursuant to Section 4(3) of the Act, obtaining a permit or paying the fees required under the Act or under this ordinance does not give a telecommunications provider a right to use conduit or utility poles.

(Ord. 3512, passed 4-28-2003)

§ 15-69 ROUTE MAPS.

   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)

§ 15-70 REPAIR OF DAMAGE.

   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)

§ 15-71 ESTABLISHMENT AND PAYMENT OF MAINTENANCE FEE.

   In addition to the nonrefundable application fee paid to the City set forth in § 15-65(d), a telecommunications provider with telecommunications facilities in the City’s public rights-of-way shall pay an annual maintenance fee to the Authority pursuant to Section 8 of the Act.

(Ord. 3512, passed 4-28-2003)

§ 15-72 MODIFICATION OF EXISTING FEES.

   In compliance with the requirements of Section 13(1) of the Act, the City hereby modifies, to the extent necessary, any fees charged to telecommunications providers after November 1, 2002, the effective date of the Act, relating to access and usage of the public rights-of-way, to an amount not exceeding the amounts of fees and charges required under the Act, which shall be paid to the Authority. In compliance with the requirements of Section 13(4) of the Act, the City also hereby approves modification of the fees of providers with telecommunication facilities in public rights-of-way within the City’s boundaries, so that those providers pay only those fees required under Section 8 of the Act. The City shall provide each telecommunications provider affected by the fee with a copy of this article, in compliance with the requirement of Section 13(4) of the Act. To the extent any fees are charged telecommunications providers in excess of the amounts permitted under the Act, or which are otherwise inconsistent with the Act, such imposition is hereby declared to be contrary to the City’s policy and intent, and upon application by a provider or discovery by the City, shall be promptly refunded as having been charged in error.

(Ord. 3512, passed 4-28-2003)

§ 15-73 SAVINGS CLAUSE.

   Pursuant to Section 13(5) of the Act, if Section 8 of the Act is found to be invalid or unconstitutional, the modification of fees under § 15-72 shall be void from the date the modification was made.

(Ord. 3512, passed 4-28-2003)